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Home My WebLink AboutCity Council Meeting - Council - Regular Agenda - 03/15/2022 ^*4 KENT CITY COUNCIL AGENDA • Tuesday, March 15, 2022 KENT 7:00 PM WASH I NGTON Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID: 886 2232 0211, Passcode: 670819 Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner Councilmember Marli Larimer Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports 6. PUBLIC HEARING City Council Meeting City Council Regular Meeting March 15, 2022 A. Public Hearing on the Potential Surplus and Reallocation of Land from Public Works Streets to the City's Drainage Utility in Order to Build the Washington Avenue South Stormwater Pump Station Project B. Public Hearing to Consider Removal of the Restrictive Covenant from City- Owned Property used in the Downey Farmstead Side Channel Salmon Habitat Restoration Project 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent or to agenda items Council will consider at this meeting. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measure or candidate for office. If you wish to provide comment to the Mayor and Council at this meeting, please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or CityClerkpKentWA.gov. If you intend to speak in person, please see the Clerk at the beginning of the meeting to sign up. When called to speak during the meeting, please state your name and city of residence for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. Alternatively, you may email the Mayor and Council at Mayor(@KentWA.aov and CityCouncilOKentWA.gov. Emails are not read into the record. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Mar 1, 2022 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Mar 1, 2022 7:00 PM B. Payment of Bills - Authorize C. Accept the Mill Creek Culvert Cleaning Project as Complete - Authorize D. Authorize the Transfer of $285,000 to the Lodging Tax Fund for Estimated Revenue Losses Incurred between 2020 and 2021 E. 2022-2026 City Art Plan - Adopt F. 2022 Summer Experience and Enrichment for Kids Grant Agreement - Authorize G. Agreement with Site Workshop for East Hill North Community Park Master Plan - Authorize H. Agreement with MacLeod Reckord for Green River Trail Preliminary Design at Milwaukee II Levee Project - Authorize I. Agreement with Mithun for Mill Creek Canyon Master Plan - Authorize J. King County Conservation Futures Tax New Interlocal Agreement and Request of Funds for Mendel Property Acquisition - Authorize City Council Meeting City Council Regular Meeting March 15, 2022 K. Milwaukee II Levee Improvements Project - Amendment to Contract for Property Negotiation and Relocation Services - Authorize L. SCADA Communication Equipment Agreement with Accu-Comm, Inc. - Authorize M. Property Dedication Ordinance - Adopt 9. OTHER BUSINESS A. Negotiation of a Development Agreement and Purchase and Sale Agreement with Avenue 55 for the Sale of the Property Referred to as the Naden Assembly - Authorize 10. BIDS A. City of Kent Courthouse & Corrections Facility Generator Replacement Bid - Award B. East Tacoma Street - Kensington Avenue Drainage Improvements Project Bid - Award C. 2022 Asphalt Grinding Bid - Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT NOTE:A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. 5.B ri ADMINISTRATIONthe reKic CA P0 rt March 15, 202;' El • • . COMMUNITY c DEVELOPMENT Administration U • We continue to work with Republic Services Economic Development o on rebates to customers impacted by a Staff presented facts and figures regarding L) work stoppage in mid-January. For more Kent Valley's job numbers, and its o information check out Public Works staffs employers changing workforce y presentation to the City Council's Public requirements (bachelor's degrees, etc.) in c Works Committee Monday, March 7. the context of a growing space industry, to a • Masks are optional in city buildings (except the Governor's STEM Alliance Council last Corrections) starting Saturday, March month. Economic Development took this o 12. The new rule applies to council opportunity to detail how it creatively meetings and other public meetings. We'll supports the industry and organizations continue to make masks available to promoting STEM opportunities for students employees and members of the public who or workers seeking specialized training. visit city buildings. Staff attended the WASHINGTON STATE o Race & Equity SPACE ECONOMY: 2022 UPDATE hosted by > • The first speaker in this year's Equity & the Puget Sound Regional Council and the 2 Inclusion speaker series has been selected Aerospace Futures Alliance to learn the T) and is scheduled to provide both residents latest data on the space industry E and staff a presentation on the topic of employment and the future job growth a Antisemitism. The presentation will cover outlook for Kent and the region. The the history, current examples of hate and industry contributes $4.6 billion annually to advice and resources on how to identify Washington's economy, and more than half Antisemitism and how to respond to such of those jobs are located in Kent. Blue 2 incidents. The staff presentation is Origin is currently Kent's largest private tentatively scheduled for March 30. Look employer and is still growing. Others, out for an invitation to this presentation in including Stoke Space Technologies and E the coming weeks. Starfish Space are also rapidly increasing 0 • The Race & Equity team has launched a their employee counts. page on our city website. The page will Staff met with Kent School District's provide updates on the strategic plan, as Interim Superintendent, Chief Learning well as resources for both staff and Officer, STEM/Science Coordinator and CTE residents. Here is the link to the website. Director to discuss strategies to increase https://www.kentwa.gov/government/race utilization of its work-based learning -equity. Copy and paste is your friend. (Ctrl programs that aim to provide meaningful C + Ctrl V) career opportunities. All agreed to meet regularly in an attempt to foster Page 1 of 11 Packet Pg. 4 5.6 connections between industry and who also provide apprenticeships in food educational leadership, and to increase manufacturing. awareness of these opportunities for Kent's Building Services students. During the short month of February, • Staff facilitated Mayor Ralph's on-camera Building Services completed 985 interview with Governor Inslee's team inspections and reviewed 202 plans. about Kent's "Rally the Valley" sub-area III plan. This land use initiative aims to make future industrial area development more welcoming to employees who work there As part of the Tax Division's ongoing vs. accommodating to truck traffic and is commitment to business community one of only 11 plans in Washington to win outreach and education, on February 28, a Governor's Smart Communities Award in 2022, the Tax Division issued reminder 2021. letters to businesses that had not yet co In support of efforts by the Port of Seattle relicensed for the 2022 annual licensing • and Seattle Metro Chamber staff is period. This letter included valuable participating in strategy sessions to information related to the City's business 3 establish acounty-wide Trusted licensing requirements as well how to 0 Community Partner Network, which aims to relicense their business. The Tax Division E connect appropriate and culturally also included a reminder that businesses o knowledgeable supports and advisors to had the option of using FileLocal or struggling small business owners. submitting paper applications directly to a • Staff contracted with Living Well Kent to the City. obtain critical feedback from Kent's small Customer Service currently has 168 water -- food business entrepreneurs and farmers accounts on payment arrangements. These a to inform development of a possible Food accounts have unpaid charges that Entrepreneurship Center on Kent's West occurred during the Governor's Utility Shut Hill. Living Well Kent's team translated a Off Moratorium. Customer Service is survey into multiple African languages and reviewing the accounts to ensure that customers are making their agreed upon O obtained feedback from over 100 d stakeholders. payments. • As liaisons to Kent's Lodging Tax Advisory N Committee (LTAC), staff facilitated the c group's first meeting of the year where Workday 'D they reviewed the budget and the impact • Continued review and testing for 2022 a w Covid has had on overnight stays/revenue, Release 1, effective March 14 recommended the reappointment of one of . Updating Workday job aids to reflect 2022 Kent's hoteliers to the Committee, and Release 1 changes `o approved the marketing plan for 2022. The . Workday Issue Tracking 21/22 year to date ca LTAC also agreed to open a modest grant is 203 (includes citywide and department c program this spring. specific requests/issues): E • Along with Mayor Ralph, staff met with o total closed 131 E company leadership of Conagra Brands to o total open in progress 21 U learn about its workforce needs. The Kent o total open 51 facility of this multi-brand international Workday February Statistics food producer makes Krusteaz pancakes o 7464 business process events were and waffles for domestic hospital, school initiated and prison cafeterias, as well as all the o 336 business process events that were "McGriddles" sold in international markets. initiated by a manager Staff connected them with the Aerospace o 119 business processes completed Joint Apprenticeship Committee (AJAC), including new hires, terminations and job changes Page 2 of 11 Packet Pg. 5 5.6 o 63 employee benefits business Captovation/eCapture for scanning and processes completed, such as imaging, and Oracle IPM for image storage retirement savings changes, addition of and retrieval. Replacement of the aging dependents to an enrollment, new imaging system will also provide enrollments, and changes to eligibility opportunities for delivering enhanced Benefits capabilities and efficiencies to the city in • Deferred Compensation Committee met areas such as a self-service web-based March 2 for its quarterly review portal to support public records requests, • Winter Wellness Challenge winners: Team electronic forms and process automation, CCS from PW Engineering and review/clean-up of the existing • Navia (flexible spending accounts and repository. COBRA) and Mission Square (deferred Multi-factor authentication implementation compensation) will be updating their - to implement Microsoft Azure's multi- a websites in the coming months factor authentication (MFA) to improve the co Recruiting security posture for enterprise users, • Establishment of new entry level police applications, and data. officer list Information Technology operational support ; • Written exam for labor relations analyst on for February 27, 2022 to March 8, 2022 U March 10 Number of tickets opened - 220 E • Finalizing contract with vendor for non-rep Number of tickets closed - 306 ,° salary survey Enterprise GIS • Interviews for custodian on March 9 General: ° a • New hires for March 16: David Paine (City • Continued normalization of address Transportation Planner), Loren Mader database (Multimedia Designer), and Pavel Belsky • EGIS Analyst III position starting March 16, Q. (Enterprise GIS Analyst III), Rod Bell (MW 2022 W 2 in Parks) and Brooks Chadderton (MW 2 • Completing backend edits for performance N L in Facilities) measures dashboard deployment Labor/Class & Comp • Assisting with GIS needs for Park's RecTrac o • PD contract implementation pre-meeting project with HR/Payroll (pending KPOA and council • Working with Esri to complete preparation vote) on the rearchitect of GIS system N • AFSCME Labor Management meeting was implementation c held March 8 • Assessing needs for DEI data • Finalizing re-class in Human Services • Amanda stabilization w • Working with departments on employee Weekly Customer Service Requests performance issues Monthly GIS data update U Lean/Government Performance • Working with staff on various dashboard c • ELT has conducted final dashboard review access7 W of performance measures • Providing customer support to help staff •2 o Advance Kent performance dashboard connect to GIS data was published on 3/10 Managing Connect Explorer login access E o Michael Mage & Kathleen McConnell will • EGIS participating in citywide software U host learning series for internal staff as implementations and providing GIS support follow-up • Finalized an ordinance to present to Information Technology Projects Council's March 15, 2022, Operations and • Records Management System Deployment Public Safety Committee revising the City's - to deliver the replacement for the current code provisions that relate to vehicle tows imaging system which consists of that occur within the City of Kent. Page 3 of 11 Packet Pg. 6 5.6 • Assisted staff in drafting the resolutions Drifters on February 25 at Kent-Meridian and ordinances necessary to complete the Performing Arts Center. Washington Avenue stormwater pump Two Spotlight Series performances are station project and to meet the scheduled for March. Pianist Alpin Hong requirements of the grant agreement for performs at K-M PAC on Friday, March 18. the Downey Farmstead side channel In addition to his public performance, Alpin salmon habitat restoration project. will conduct four outreach activities in Kent • Assisted the Clerk's Office in preparing the schools. Masters of Hawaiian Music will agenda for the City Council meetings. wrap up the 2021-2022 Spotlight Series on • Assisted the HR Department in a number of Friday, March 25. The group will also sensitive employment and labor related conduct a free lecture/demonstration at the matters. Kent Senior Activity Center on March 25. • Assisted City departments in reviewing and • The Kent Creates "Inspired by Greatness" a negotiating contract terms on a number of exhibit is now open through March 31. Five co contracts related to construction, winners will be selected based on Arts technological, and development projects. Commissioner votes. • Assisted outside counsel on a number of The creativity of over 400 students from ; cases currently in litigation by coordinating the Kent School District will be on display L) and gathering discovery responses from as part of the 28th Annual Kent Student Art E staff. Walk. More than 15 businesses throughout 0 downtown Kent and Kent Station will serve PARKS, RECREATION, ' as galleries, displaying the paintings, a COMMUNITY SERVICES drawings, and sculptures of local students. Student art will also be on display at the Recreation and Cultural Services Centennial Center Gallery. a • The Senior Activity Center is partnering The annual Summer Art Exhibit will return with AARP to provide area seniors with in 2022. The deadline for artists to apply ) income tax preparation assistance. This was March 9. free service has thirty tax prep A call to artists for the 2022 Traffic Signal o appointments available weekly. Center Control Box Art Wrap Program was > staff anticipate serving approximately 300 released on March 1 with an April 18 individuals this tax season. deadline. Nine boxes will be wrapped as N • The Senior Center lunch program, closed in part of this year's project. c March 2020 in response to the COVID Recreation facilities are celebrating another E pandemic, was restored in September, step closer to normalcy as the King County w 2021, just as the vaccine mandate was Public Health COVID vaccination mandate °' implemented. Seniors have been cautious was lifted March 1. Staff and all facility to return but staff happily report that lunch visitors had adhered closely to this c participation is now up by almost 100% mandate since its inception in October, W since September. Staff attribute this 2021. Excitement and a sigh of relief could .2 increase in part to more relaxed feelings be detected as signage and access points ' E regarding COVID on the part of patrons but were removed! E also creative revisions to the daily lunch • Another sign of normalcy is the sound of U menu including the very popular breakfast bouncing basketballs and supportive for lunch. Lunch is directed at seniors but parents, family, and friends cheering for an non-seniors are also welcome and athlete's great play or made basket! The encouraged to drop by for a great Kent Parks and Recreation Coed Basketball meal. Daily menus are available on the league hosted its final games of the 2022 website or by calling the senior center. this past weekend. This season, 248 • A completely sold-out Spotlight Series children in Kindergarten, 1St and 2nd crowd of 361 enjoyed a concert by The grades, laced up their shoes and participated in practices and games Page 4 of 11 Packet Pg. 7 5.6 scheduled at Kent, Millennium and Panther KMP roof top unit (RTU) scheduled to be Lake Elementary Schools. Throughout the replaced in the coming weeks. six-game season, these young athletes Finalizing a contract to install a new walk- learned good sportsmanship and basic in cooler for the kitchen at Corrections. basketball fundamentals including Lead time for materials may lead to a dribbling, passing and shooting. longer than anticipated project timeline. Facilities Housing and Human Services • Detectives TI project at Centennial Center The application to request 2023-2024 3rd floor is at substantial completion. human services funding will open March Furniture will arrive in 6-8 weeks. 14, 2022 and close at 4:30 PM on April 28, • Generator Building clean up complete. 2022. There are two workshops scheduled Repairs have been approved by insurance to provide an overview of the application and we'll be moving forward and process on March 15 and 16. These a scheduling. Generator 2 still online and workshops will be held virtually and co operational. recorded. Several technical assistance • Facilities Condition Assessment and Master opportunities are available during the six Plan is taking shape. Employee survey is weeks the application is open. Staff are ; complete and first draft of the plan to be available and happy to help with any L) received by 3/22/22 for comments. questions related to the City's process E • Courthouse and Corrections generator and/or answer questions about the content 0 project bid closed. Received one bid but it's of the application. Please direct requests to good and going to Council for approval on Humanservices@kentwa.gov or call Lori a 3/15/22. The actual equipment lead time is Guilfoyle at (253) 856-5061. More said to be 8-12 months currently so the information is on the Human Services City construction will still move forward and webpage under funding opportunities, or a we'll be waiting for the actual generator to for application materials and more W arrive. information, please visit ) L • Police HQ renovation is underway. The www.sharelapp.org. piles have been installed outside and demo 0 inside almost complete. ' ' > • Senior Center roof consultant contract :.- Staff Changes - Hiring/Retirement/ complete. Targeting end of summer for this N project. Recruitment/Leaves/Promotions •E • New Maintenance 2, Brooks Chadderton, The following officers started with the City on March 1: starting on 3/16/22. w • IT Annex remodel submitted for permit • Lateral Officer Keanu Hamilton t 3/3/22. • Lateral Officer Oziel-Ivan Arjona • We're currently hiring for 2 Custodian Entry Level Officer Isaiah Munoz c positions, interviews held 3/9/22. Entry Level Officer Greg Dale W • TLT Capital Project Coordinator position Entry Level Officer Travis Medalla was posted 2/22/22. Entry Level Officer Christopher McCallen , Significant crime• UpKeep contract is complete which will E replace TMA as our new CMMS for tracking activities/arrests/investigations 0 work requests and building assets. Kick off On February 21, at 3:52 am, officers were meeting was held 3/9/22. dispatched to a recent robbery with a gun • Maintenance Supervisor, Tony Thiessen, is located at Benson Village Apartments. out for three months with knee surgery. Upon arrival they were told the victim saw • Starting to work on parking lot seal coat a subject underneath his vehicle while projects for this summer. We'll have a full hearing sawing noises. The victim confronted the subject who ran and got schedule and timing in the next month or SO. into a pickup truck. The victim ran the vehicle down and when he confronted the Page 5 of 11 Packet Pg. 8 5.6 driver; the suspect pulled out a gun and numerous taser applications. The pointing it at the victim. The suspect then suspect was eventually placed in custody fled the area. Detectives are investigating. and booked for assaulting the officers. • On February 22, at 9:45 am, an officer On February 25, at 3:32 am, an officer was took a report of multiple catalytic converter dispatched to Valley Medical Center for a thefts from city vehicles at our city shops. male with a gunshot wound to his right leg. Per video surveillance, two suspects The victim stated he was working at an entered the shops area from Hogan Park by apartment complex near the 2200 block of cutting a hole in the fence. The license W Meeker St. He was walking to a store plate from the suspect vehicle was and saw two vehicles involved in a road obtained. Detectives are investigating. rage incident. One of the subjects from the • On February 23, at 7:31 am, officers were dispute pulled out a gun and fired upon the dispatched to an armed robbery that other vehicle. The victim was hit as he was a occurred at a 7-Eleven located at 18010 standing in the same direction as the Cl) East Valley Hwy S. Upon arrival they were intended victims. Detectives are informed a white male suspect entered the investigating. store and appeared to be shopping. When On February 25, at 8:14 pm, officers were ; he started to pay for the items he dispatched to Valley Medical in reference to 0 collected; he pulled out a handgun, robbed a male victim who sustained at least one E the clerk, and fled the store with an gunshot wound to his stomach at Driftwood 0 unknown amount of cash and merchandise Apartments. The victim was in a dispute he collected prior to the robbery. with his ex-girlfriend and three other a Detectives are investigating. males. One of the males fired at least one • On February 23, at 9:00 pm, officers round hitting the victim. Detectives are responded to a carjacking within the Indigo investigating. a Springs Apartments. The victim was Patrol Officers made eight possession of delivering a Door Dash and attempting stolen vehicle arrests while recovering ) L contact with the customer when he heard stolen vehicles throughout the week. One his vehicle leaving. The victim ran into the subject was arrested twice. o parking lot and was struck by his own On February 26, at 10:59 pm, officers vehicle as the suspect was stealing observed a vehicle doing burn outs in the it. Detectives are investigating. intersection of Washington and James with N • On February 24, at 8:25 pm, officers were a crowd filming them. KPD attempted to c dispatched to the 400 block of 15t Ave N turn around in the intersection and the E regarding a robbery. Upon arrival they vehicle was swarmed by the crowd, w were informed the victim had been inside blocking it from driving forward. The t MOD Pizza at Kent Station when he was vehicle was starting to get hit by the approached by a male whom he spoke to. crowd, but it was able to back up and drive c After leaving the restaurant with his food away without running anyone over. Thecc and getting into his vehicle; he was street racing crowd left before enough attacked by multiple juveniles. The only resources arrived to make contact with ' E property taken was the pizza he them. E purchased. Puget Sound Regional Fire On March 1, at 12:55 am, Officers were U Authority responded to treat the victim's dispatched to a vehicle theft in progress in injuries. Detectives are investigating. the 12200 block of SE 2615t ST with the • On February 25, at 7:30 am, officers were suspect armed with a gun that he had dispatched to a dispute at Sunset Motel. pointed at the vehicle owner. Officers During the initial investigation, probable arrived to find the stolen F250 pulling away cause to arrest a subject for assault 4 was from the location. The vehicle fled when developed. When the two officers Officers attempted to stop it. The vehicle attempted to take the man into custody, it was pursued, and it lost control in standing turned into a fight with punches thrown water over the roadway at Reber Ranch. Page 6 of 11 Packet Pg. 9 5.B The vehicle crashed through a fence, power found someone to call 911 for pole and second fence before the suspect her. Detectives are investigating. fled on foot. The suspect surrendered On March 2, at 4:53 am, officers were before he was apprehended by K9. The dispatched to a commercial burglary in suspect was found to have a DOC escape progress at Lynn's Towing. An employee warrant as a violent offender/affiliate blood called 911 to report he was watching a gang member for unlawful possession of subject on a live feed camera breaking into firearms (UPFA). He was booked on his their tow yard. Upon arrival officers found warrant, Robbery 1, eluding and UPFA. a hole in the fence and items and bags • On March 1, at 11:07 pm, officers were stacked up just outside the yard. They also dispatched to a hit and run collision, where spotted a subject climbing the fence trying a pedestrian on a bike had been struck by to get out. The suspect was eventually a vehicle at 77 Ave S and S 212 St. The located hiding underneath the Kent Valley victim was transported to Valley Medical Hotel and placed under arrest. All the Center. A search of the area located a stolen property was recovered, and they possible suspect vehicle tucked away in the found numerous vehicles within the 7300 block of S 206t" St. It had business had been broken into. ; corresponding damage, the engine was On March 2, at 7:25 am, officers were L) warm, and the female registered owner dispatched to a shooting at Estes Express E was asleep in the back seat. After finally Lines. Upon arrival they found no one was ,° waking her up, the female admitted to hit and the suspect and victim were "hitting a bump in the road" at 771" and employees at the business. An employee a 212t". After investigating and arresting the got into an argument with his boss over W driver, it was later discovered the victim work operations and left work early. While did not have any broken bones. the victim was on break, he saw the a • On March 2, at 1:52 am, officers were suspect approaching him in the parking dispatched to a welfare check at Valley lot. The victim thought the suspect was ) L Apartments. An anonymous call to 911 walking over to show him what was in his reported a female outside in the parking hand (a firearm). When the suspect was o lot, knocking on doors and asking for about 6 feet away, he opened fire and someone to call the police. Upon arrival, luckily the victim was not hit. The suspect officers located an injured female victim left prior to the officers' arrival. On 3/3/22 N who stated she had been kidnapped and Kent Detectives and Valley SWAT took the c escaped. The victim was at a hospital in suspect into custody within the City of E Tacoma for a medical issue. A friend of a Bellevue. a w friend, who the victim had met three days On March 3, at 7:31 pm, officers were prior, was asked to pick her up and give dispatched to a robbery at the 76-gas her a ride home. This male began driving station located at 209 Central Ave S. Upon c into Fife but along the way started driving their arrival they located the victim who W in the wrong direction. She demanded to sustained injuries. The victim was walking •2 get out of the vehicle, but he refused and in the alley with the intent of visiting a threatened to kill her. The suspect tried to family member when he was jumped by c handcuff her at one point, and she tried to unknown suspects, assaulted and his cell U jump out of the vehicle on I-5. He threw phone was stolen. Detectives are her phone out of the window and when investigating. they reached Auburn, she jumped out of On March 3, at 8:48 pm, officers were the vehicle only to be hit with it by the dispatched to a shooting at the Taco Bell suspect. The suspect got her back into the located at 322 Washington Ave S. The vehicle and ended up in Kent. Once they victim had been walking on Willis St. reached the area around LA Fitness, the eastbound onto Highway 167 near the off victim was able to escape again where she ramp when a dark sedan drove up behind him. The driver of the vehicle fired three Page 7 of 11 Packet Pg. 10 5.B rounds and struck the victim in the leg. suspected methamphetamine. Detectives During the initial investigation it appeared are investigating. the victim was actually prowling a vehicle Major emphasis patrol and the owners confronted and shot the Kent Valley Emphasis: victim. Detectives are investigating. o 2/5-11: 23 trespass warnings, 12 new • On March 3, at 6:39 pm, officers were crime arrests, 18 warrant arrests, 15 dispatched to a carjacking at S 239t" PI and traffic stops, 26 suspicious vehicle Military Rd S. Upon arrival officers found contacts, 3 vehicle impounds, recovery the incident was not a carjacking, but the of 3 stolen vehicles, 5 stolen vehicles victim was robbed at gun point for his cell ran from the police and we could not phone. The victim's vehicle had broken pursue down in the intersection and a subject o 2/12-20: 3 trespass warnings, 2 new stopped to assist with moving his vehicle crime arrests, 2 warrant arrests, 2 a out of the roadway. The suspect got into traffic stops, 3 suspicious vehicle co the victim's vehicle and helped roll it to the contacts, 1 vehicle impounded, shoulder. When the suspect was inside his recovered 4 stolen vehicles, and 2 vehicle, the victim saw him looking around stolen vehicles ran from the police and ; inside it. Shortly thereafter the suspect we could not pursue. L) took the victim's phone, and when o 2/21-3/7: 2 trespass warning, 1 new E confronted; the suspect pulled out a crime arrest, 1 traffic stop, recovered ,° handgun and took it. The suspect then left one stolen vehicle. This decrease in in the vehicle he arrived in. Detectives are statistics is partially since we have seen a investigating. a decrease of crime in the area and • On March 4, at 10:23 pm, officers were partially since we have had some dispatched to a traffic complaint at 84t" and staffing issues over the last couple of a HWY 167; 10-20 cars were blocking the weeks. intersection and doing donuts. This was the ) 3rd or 4t" racers complaint of the night. PUBLIC WORKS Officers arrived and had their emergency o lights/sirens on to try to move everyone Land Survey/PW GIS d Land Survey field staff have completed > along. Instead, they found themselves surrounded by a crowd of onlookers. These portions of design topography mapping on N projects: Morrill Meadowsroj people began kicking the bumpers of the the following p 'c patrol cars and yelling at them. They were Park, West Hill Transmission Main and E able to slowly back out of the crowd as Willis/Naden Ave. Access. Land Survey a more police arrived. Due to the crowds not office staff have continued with dispersing and getting violent outside preparations of Record of Surveys (ROS) agencies were called to quickly come help. for the 2281" St. Corridor [Veteran's Drive c Once all officers were on scene, they were to EVH], Central Ave. (ROS), South Central W able to quickly push everyone out of the Ave., Lake Fenwick Road and Kent Kangley .2 area. No arrests were made as safety was Road (Canyon Drive) from Central Ave. to Benson Hwy. the more important issue. E • On March 6, at 10:36 pm, officers were Public Works GIS staff have fulfilled U dispatched to an illegal discharge in the Cityworks work orders; continued the entry 600 block of Bridges Ave S. They were told of GIS as-built data from private two gun shots were heard, a male development & legacy capital projects; screaming, and a car leaving with someone supported the Storm Outfall Inspection saying "Hurry to the hospital". Shortly program (NPDES); completed TIP Map thereafter a male showed up at Valley updates; continued testing of the Litter Medical Center with a gunshot wound to Control/Solid Waste dashboard; completed the chest. The victim was found in assigned public records requests ; started possession of an empty holster and deployment of the public facing street Page 8 of 11 Packet Pg. 11 5.6 sweeping map. Staff have supported the S 2241" Street - 941" to 2161" - phase 3 water meters collection and the Signs & West: coordinating with Parks regarding Litter workflows. frontage improvements at Garrison Creek Design Park. • Sanitary Sewer Comprehensive Plan: Construction request for proposal received from West Hill Reservoir: tank - 8t" course consultant. Team reviewing. Expect to take welding this week. X-ray weld inspections to PW committee Apr 4. scheduled for week of 3/14. Setting • East Valley Highway Slump: bids rejected. generator and minor site grading. Project re-advertised Mar 8. Chlorination/control building - CMU • WA Ave South Stormwater Pump Station: placement should be complete this week. Project advertised Feb 15. Bid opening Mar 42"d PRV - operational. 38t" Ave S is closed 8. Optional bidder meeting to view between S 2481" St and S 247t" St for the a stockpiled material held Feb 24 and 25. duration of the project. Pedestrian access • E Tacoma St. - Kensington Ave. Drainage through this closure will be maintained. Improvements: project to be advertised Lake Fenwick Hypolimnetic Aerator Feb 22. Bids open Mar 1. Pre-bid Improvements: interior building mechanical ; walkthrough held Feb 24. Five bidders. and electrical work is suspended for L) Apparent low bid by Olson Brothers material and equipment procurement E Excavating with a bid of $407,406. associated with the in-water work. ,° Engineer's estimate was $410,067. Requested schedule update and correction • Downey Farmstead Restoration - final to comply with fish window outlined in a phase: project to be advertised Mar 15. WDFW permit. Aerator building painted • 144th Ave Southeast Improvements: over weekend, waiting on shop drawings project to be packaged with 2022 overlay for approval on aerator float. a project. • 212t" Overlay - Orillia Road/City limits to Green River Bridge: project to be °; advertised Mar 15. Bid opening Apr 5. o Grant funds for construction have been Ir obligated. Continued coordination with King - M County for contract work. • 2022 Mill Creek Culvert Cleaning: project c to be advertised Mar 15. E • EVH 212t" to 196t" Overlay: project is 1st on w the PSRC contingency list should additional --' °' funding be available for construction in 2022 season. 2021 Asphalt Overlays: general site • 2022 Overlay: project expected to be restoration on-going this week. Completed 2 advertised April. Team is watching fuel and 94tn Ave S storm crossing Saturday. Paving .2 material prices. 144t" work to be rolled into and channelization on hold pending better this project. weather. Work is currently expected to E • Mill Creek at 76t" Ave Flood Protection resume prior to the end of March. U Improvements Coordinating with King County WTD on a reimbursable agreement for design and construction the reimbursement of for light weight fill. • 76th Ave North: PSRC contacted the team to determine if the project can be constructed for the 2022 season. The project is ready to advertise should advance PSRC funds are issued. Page 9 of 11 Packet Pg. 12 5.6 • 6MG1 Reservoir Recoating and Vent Signs and Markings installed bases and Replacement: work is beginning on site signs for retro-reflectivity and updated the March 7t" (NTP). Tank has been drained. GIS inventory on S 242nd St, S 253rd St and Contractor mobilizing and cutting access on S 2701" St, painted arrows for hatch this week. Sandblasting for structural Engineering on SE 192nd St, installed curb welds to follow. markers on Pacific Hwy S and performed 4. sign maintenance on the East Hill, West Hill -�.. and Valley South areas. . Solid Waste cleaned up debris on 80t" PI S - - - - -- ' � and on Military Rd. r .i, .:' • Water Vegetation pruned trees and shrubs at Armstrong Springs, the East Hill well, the 212t" treatment plant, the 208t" St ` well, Webster Park and at PS #4 and co pruned trees and cleared debris at Clark = - Springs, Guiberson, Summit Reservoir, U Kent Springs and KEHOC. ; Environmental Street Vegetation mowed, line trimmed U • Habitat Area A (Lower Russell Levee): a and picked up litter on S 218t" St and on E presentation and site tour by Salmon 64t" Ave S. The Sidearms mowed on SE ,° Recovery Funding Board (SRFB) grant 208t" St, S 259t" St, 80t" Ave S, 108t" Ave review team happened on March 7. The SE and on 77t" Ave S, performed fence a proposed project is to include about five repairs on Kent Kangley Rd, around the acres of new salmon habitat off the Green Public Works Operations building and at the River to allow critical space for the holding pond on S 219t" PI and prepared a endangered chinook to rear and escape the mower for mowing season. from high river flows. Comments are Wetland Mitigation picked up litter at the ) L expected from the grant review team Downey and Leber sites, removed ivy on 4) shortly followed by finalization of the 37t" PI S, removed blackberries at the o application. We also submitted for a Leber site, transplanted and potted up bare Cooperative Watershed Management Grant root plants at the GRNRA nursery, prepped from the King County Flood Control District and planted for a pollinator patch and built -I on this project. an irrigation system for the Barn Road c • Republic Services: staff worked with mitigation site. Republic to finalize refunds from the work • Wetland Maintenance mowed and line w stoppage, evaluate the annual CPI trimmed at the Russell Road Wetland on 2 adjustment, and negotiate the annual Russell Rd, Birdsong Meadows on 116t" Ave U recycling processing surcharge. Staff SE, Maplewood Grove on 108t" Ave SE, ii c presented an update on rates, and rebates Redondo on 27t" Ave S, Signal Electric on on Monday, March 7 at the Public Works 3rd Ave S, 72nd Ave Diversion Channel on Committee meeting. 68t" Ave S, ShoWare Center on 4t" Ave N, Streets and at Horseshoe Bend on 80t" Ave S. E • Street Maintenance prepped for pour and • Holding Pond crew removed trees at U replaced missing sidewalk on 114t" Way Brossard on 124t" Ave SE and at The Ridge SE, prepped for pour on Reith Rd, stripped on 113t" Ave SE, treated stumps at Kentara forms, prepped for pour, and poured new on 105t" Ave SE and at Millenium Pond on sidewalks on 64t" Ave S, swept shoulders 124t" Ave SE, and limbed trees at Locust and sidewalks on Reiten Rd, cleaned traffic Lane on SE Kent Kangley Rd. islands on Central Ave S, Military Rd S and Water on Jason Ave, cleaned sidewalks on S 228t" Staff began water main cleaning on Kent's St and cleaned the street at the round-a- East Hill with the first cleanings in the 7 bout on 4t" Ave S. Oaks neighborhood. A project to recoat the Page 10 of 11 Packet Pg. 13 5.B interior and exterior of a 6-million-gallon Fleet staff performed Vactor, trailer and tank has also begun. In addition to a new mower repairs, prepped and sent vehicles coating, structural improvements to extend for auction, built a new vehicle, serviced a the life of the tank, safety improvements backhoe and worked on scheduled and for staff and a new roof vent structure to non-scheduled maintenance and repairs. better protect water quality will also be The Radio Shop removed vehicles from accomplished. First quarter disinfection service, trained employees on Radio Tech byproduct sampling in the water duties and programmed radios. distribution system and wellhead protection sampling are also underway. Storm/Sewer • Storm crews performed ditch maintenance ### on 116t" Ave SE, a manhole changeout on Lakeside Blvd W, replaced vault cartridges CO on SE 293rd St, cleaned for 2022 overlays on E Smith St and on 135t" Ave SE and — U removed materials at Garrison Dam. Crews ; also performed National Pollutant L) Discharge Elimination System (NPDES) E assessing on SE 269t" St, pumping on 119t" ,° Dr SE and repairs at various location Citywide. a • Sewer crews TV'd for 2022 overlays Citywide, cleaned existing sewer lines north of SE 240t" St, west of 104t" Ave SE a and on SE 208t" St, performed a manhole W changeout on 53rd PI S, cleaned station wet ) L wells, checked cameras at the GRNRA, James ST and Foster Park pump stations, o upgraded the easement on 98t" PI S and > installed soundproof panels at Lindental. :.- M Fleet/Warehouse N • The Warehouse crew gathered supplies and c worked the recycle event on March 5t", continued to assist with CDL training, w maintained the shops yard, keeping it clean and free of litter and debris, cleaned and U maintained the wash rack, washed and c vacuumed motor pool vehicles, issued W personal protection equipment (PPE's) and motor pool vehicles to staff and hydrant meters and public notice boards to c contractors, repaired small equipment as U needed, received parts and inventory orders, hauled spoils as time and equipment were available and continued to manually open and close the broken East gate daily and set out and remove the Type 3 barricades in the employee south parking lot at the beginning and close of the work day. Page 11 of 11 Packet Pg. 14 6.A KENT Wn 1 c N DATE: March 15, 2022 TO: Kent City Council SUBJECT: Public Hearing on the Potential Surplus and Reallocation of Land from Public Works Streets to the City's Drainage Utility in Order to Build the Washington Avenue South Stormwater Pump Station Project MOTION: I move to adopt Resolution No. 2034, declaring .28 acres of land within the Public Works Streets area surplus, authorizing the reallocation of that surplus land to the drainage utility, and authorizing the Mayor to take all actions necessary to remove any use restrictions from the surplus land, and to take all other actions necessary to fully implement the terms of this resolution relating to the Washington Avenue South Stormwater Pump Station Project. SUMMARY: The City owns property adjacent to Washington Avenue that is needed to build a stormwater pump station. This property is depicted in Exhibit A ("Property"). The Washington Avenue South Stormwater Pump Station Project ("Project") will replace an existing surface water pump station that is currently located on the west side of Washington Avenue. The new pump station will have increased capacity and will be capable of providing surface water control to a larger service area. Additionally, the new pump station will include features that have now become standard including a backup power supply, remote telemetry, and improved automation and controls. WSDOT conveyed the Property to the City in 1986. The quit claim deed conveying the Property stated that it was transferred to be used for street purposes and that any revenue received from the sale or lease of the property must be placed in the city street fund and used for street purposes. Because the City no longer needs the entirety of the Property for street purposes, staff recommends that a portion of it be declared surplus to the City's streets and transferred to the drainage utility in order to build the Project. The portion of the Property that will remain in use for street purposes will be dedicated as right-of-way in a separate proposed ordinance. To effect this internal transfer and address the restrictive language within the quit claim deed, the City must complete the procedural steps required by the Kent City Code and state law. Surplus of the Property Packet Pg. 15 6.A Chapter 3.12 of the Kent City Code governs the declaration of the City's real property as surplus. In particular, when the Council determines that specific property should be considered for surplus, the City must hold at least one informational public meeting and receive public comment. Prior to holding this meeting, the City must provide notice to the public in several different ways at least 20 days prior to the public hearing. Internal Transfer of the Property The language on the deed restricting its use and conditions of any transfer of the property also triggers the requirements of RCW 35A.21.410. Specifically, this statute requires the City to hold a public hearing on the proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the City before the action is finalized. Additionally, when property is reallocated from one department to another, state law requires that it be paid for at its true and full value. See RCW 43.09.210(3). For this reason, the drainage utility must pay the streets fund for the Property being transferred. Combined Public Hearing - March 15, 2022 The public hearing for these actions are being held on March 15, 2022, at the City Council's regularly scheduled meeting. Staff provided notice to the public as required by KCC 3.12.050 and RCW 35A.21.410. Council will then consider the adoption of a resolution that will declare the portion of the Property needed to complete the Project as surplus and authorize its administrative reallocation (or transfer) from the City's streets to the drainage utility. The resolution will also authorize the removal of the use restriction on the portion of the Property to be reallocated. BUDGET IMPACT: The value of the surplus property will be transferred from the Stormwater Utility Fund to the Street Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Resolution - Washington Ave Pump Station (PDF) Packet Pg. 16 6.A.a a E 0 L 4- J 4- 0 C RESOLUTION NO. 2034 0 m A RESOLUTION of the City Council of the City of Kent, Washington, that (1) declares approximately .28 acres of land included within the CL City's Public Works Streets area surplus; (2) authorizes the reallocation of that surplus land Fa to the Public Works Drainage Utility to be used for building the Washington Avenue South Stormwater Pump Station Project; (3) authorizes the Mayor to a take all actions necessary to remove any use restrictions from the surplus land; and (4) c authorizes the Mayor to take all other actions, and 0, sign all documents, deeds, easements, and L agreements as may be necessary to fully implement the terms of this resolution and complete the reallocation of land between the City's Public Works Streets and the Public Works Drainage Utility. a 0 M RECITALS c 0 A. The Washington State Department of Transportation in ("WSDOT") conveyed property to the City of Kent on July 11, 1986 via quit E claim deed ("Deed"). Included in this conveyance was property adjacent to a a� Washington Avenue ("Property"). WSDOT had acquired fee simple title to a c this Property through a Judgment and Decree of Appropriation in a condemnation lawsuit in 1968. The Deed then transferred all of WSDOT's N rights, title, and interest in the Property to the City. Accordingly, the City is the owner in fee simple of the Property. o 0 a� 1 = a� Washington Avenue Pump Station — E Resolution c� Q Packet Pg. 17 6.A.a B. The Deed specifies that the Property was transferred for street a purposes and that all revenue resulting from any vacation, sale or rental of E 0 L such streets must be placed in the city street fund and used exclusively for 4- c street purposes. Additionally, RCW 43.09.210(3) requires that all property -J 4- transferred from one department to another must be paid for at its true 0 and full value by the department. The language on the Deed also triggers 0 the requirements of RCW 35A.21.410, which requires the City to hold a a� public hearing on any proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the City before the action is y ° finalized. a L U) FU C. The Property is no longer needed for street purposes in its entirety. A portion of the Property is instead needed to build the 0 a Washington Avenue South Stormwater Pump Station Project ("Project"). (D This Project will replace an existing surface water pump station that is o a� currently located on the west side of Washington Avenue. The new pump L station will have increased capacity and will be capable of providing surface = water control to a larger service area. 0 a D. The portion of the Property to be transferred to build the o M Project is depicted in Exhibit A ("Project Property"). This resolution c 0 authorizes the transfer of the Project Property to the Public Works Drainage CU Utility and the removal of any restrictions, so that it may be used to build a E the Project. Separately, the portion of this Property still needed for street a purposes will be dedicated as right-of-way. The other real property a conveyed in the Deed from WSDOT is not included or addressed within this r resolution. E. RCW 35A.11.010 authorizes the City to convey or otherwise c dispose of real property for the common benefit. ° 0 a� o: 2 = a� Washington Avenue Pump Station - E Resolution a Packet Pg. 18 6.A.a F. Chapter 3.12 of the Kent City Code requires that the City hold a a public meeting and receive public comment when property is considered E 0 L for surplus. Additionally, pursuant to RCW 35A.21.410, a code city must 4- c hold a public hearing upon a proposal to remove, vacate, or extinguish a -J 4- restrictive covenant from property owned by the code city before the action 0 is finalized. 0 G. After giving timely notice, the City Council held a combined public hearing on March 15, 2022, at a regularly scheduled city council meeting and invited comments regarding the City's intention to surplus the 0. L Property for Public Works Streets, reallocate it to the Public Works cn Drainage Utility, and extinguish the restriction for street purposes on the portion of the Property transferred to build the Project. c a a� H. Staff consulted with the City's State Environmental Policy Act c 0 (SEPA) Responsible Official who determined that the City's administrative L reallocation of land, which involves no property conveyance or otherwise modified the fee title currently held by the City of Kent, does not trigger 2 SEPA review. a I. Having complied with the applicable procedural requirements to declare the Property surplus and to remove restrictive covenants from o 2 public land, the City Council has determined that it is appropriate and in a timely to surplus the Property and authorize the reallocation to the Public E a Works Drainage Utility, where it will not be used for street purposes. This resolution authorizes the Mayor to complete the internal land reallocation, 0 r to take all steps and sign all documents necessary to complete the land reallocation, and to remove all restrictive covenants or impose new restrictive covenants as necessary to allow construction of the Project. 0 r 0 a� 3 = a� Washington Avenue Pump Station - E Resolution c� Q Packet Pg. 19 6.A.a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: E 0 L 4- RESOLUTION 4- 0 c 0 SECTION 1. - Recitals Incorporated. The foregoing recitals are 0 incorporated into the body of this resolution and constitute the findings of a� the Kent City Council on this matter. c ° y 7 SECTION 2. - Public's Best Interest. It is in the public's best a interest that the City proceed with the reallocation of land provided for by U) this resolution in support of the Washington Avenue South Stormwater r Pump Station Project. a a� c SECTION 3. - Surplus Declaration and Authorization of Land 0, c Reallocation. After giving the timely notice as required by KCC 3.12.050, a public hearing was held on March 15, 2022, at a regular meeting of the Kent City Council, to evaluate whether the property depicted in the a attached and incorporated Exhibit A should be declared as surplus to Public ti Works Streets. Having given due consideration, the City Council declares M as surplus that portion of Public Works Streets depicted in the attached and o incorporated as Exhibit A, totaling approximately .28 acres in size ("Public in a Works Streets Surplus Land"), and authorizes the Mayor to take all steps E a necessary to administratively reallocate the Public Works Streets Surplus Land from Public Works Streets to Public Works Drainage Utility. c 0 r c t The land allocation authorized in this resolution shall be completed at a future date as determined to be appropriate in order to maintain the Project schedule. ° 0 a� o: r 4 = a� Washington Avenue Pump Station - E Resolution a Packet Pg. 20 6.A.a SECTION 4. - Consideration to be Paid. The City Council finds and a declares that the consideration to be paid is $341,516. Once the Project is E 0 L fully constructed, both the Public Works Streets and the Public Works 4- c Drainage Utility will have been made whole. -J 4- 0 c 0 SECTION 5. - Removal of Restrictive Covenants Authorized. After c 0 the giving of timely notice as required by RCW 35A.21.410, a a� contemporaneous public hearing was held on March 15, 2022, to c additionally receive testimony on the subject of removing restrictive y covenants from the Public Works Streets Surplus Land, which covenants a were secured by quit claim deed where the Property was designated for U) street purposes. r 0 a aD After due consideration, the City Council hereby authorizes the Mayor to c take all steps and sign all documents necessary to release any restrictive 0, c covenant on the Public Works Streets Surplus Land. x SECTION 6, - Ratification. The City Council ratifies all acts a consistent with the authority of this resolution and prior to the passage of ti this resolution, and authorizes the Mayor to take all acts necessary, and to M sign all deeds, easements, and other documents required, to implement, o cc fulfill, and otherwise carry out the terms and intent of this resolution, in a subject to final document terms and conditions as the City Attorney may E a determine are appropriate and consistent with the authority granted Q herein. c 0 r c SECTION 7, - Severability. If any one or more section, subsection, y or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this o r 0 resolution and the same shall remain in full force and effect. o a� o: r 5 = a� Washington Avenue Pump Station - E Resolution Q Packet Pg. 21 6.A.a SECTION S. - Corrections by City Clerk. Upon approval of the city a E attorney, the city clerk is authorized to make necessary corrections to this ,° resolution, including the correction of clerical errors; resolution, section, or J subsection numbering; or references to other local, state, or federal laws, o r- codes, rules, or regulations. 0 SECTION 9. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. N 7 Q L March 15, 2022 DANA RALPH, MAYOR Date Approved 0 a m ATTEST: c 0 a� c March 15, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted = 3 d APPROVED AS TO FORM: 0 M C O cC ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY in 0. E a. as a c 0 r c 0 c 0 0 a� 6 = a� Washington Avenue Pump Station - E Resolution c� Q Packet Pg. 22 EXHIBIT A I a E G�� NCO 4- � � N 4- 1 I r- 0 0 1 � 1 � N 7 Q L I � I a 0 co r x ate+ W O J O1 Cn w c 3 d � O M T.S. RUSSELL RD o (HAWLEY RD) -( �— U) E T a SS IMPORTANT: O `\ THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND \INDICATED HEREON WITH N REFERENCE TO STREETS AND m OTHER LAND. NO LIABILITY IS , ASSUMED BY REASON OF c Project#19-3031 RELIANCE HEREON. O AREA REALLOCATION LOCATED IN THE SW 1/4 OF SEC 24, KENT DRAWN BY: TLM TOWNSHIP 22 N, RANGE 4 E,W.M. w,,.„,„GTON CITY OF KENT SCALE: 1"=50' EXHIBIT E LAND SURVEY SECTION DATE: 02/23/2022 v ca Q Packet Pg. 23 6.B KENT Wn 1 c N DATE: March 15, 2022 TO: Kent City Council SUBJECT: Public Hearing to Consider Removal of the Restrictive Covenant from City-Owned Property used in the Downey Farmstead Side Channel Salmon Habitat Restoration Project MOTION: I move to adopt Resolution No. 2035, authorizing the Mayor to accept the relinquishment of three easements granted to King County, to take any actions necessary to remove the restrictive covenants on the City's property, and to sign all necessary documents, relating to the Downey Farmstead Side Channel Salmon Habitat Restoration Project. SUMMARY: The Downey Farmstead Side Channel Salmon Habitat Restoration Project ("Project") is a salmon habitat and flood reduction project that will create more than 1,800 linear feet of side channel habitat and provide key floodplain habitat and storage along the Green River. The City of Kent entered into a grant agreement with the Washington State Recreation and Conservation Office for the Salmon Recovery and Funding Board grant on September 16, 2020. This agreement requires any encumbrances that conflict with the salmon recovery goals of the Project to be removed. There are three encumbrances that have been identified as conflicting with the salmon recovery goals of the Project, and the City has been working to clear these encumbrances. They are described as river protection easements and are as follows: (1) easement on Parcel No. 232204-9028, King County Recording No. 20090528001279; (2) easement on Parcel No. 232204-9029, King County Recording No. 5913517; and (3) easement on Parcel No. 232204-9049, King County Recording No. 5919845. King County, as the beneficiaries of these easements, has agreed to relinquish all of its rights, title, and interest in these easements. Pursuant to RCW 35A.21.410, any code city must hold a public hearing upon a proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the code city before the action is finalized. One of these encumbrances contains such a restrictive covenant. Specifically, the River Protection Easement, Recording No. 20090528001279 on Parcel No. 232204-9028 contains some Packet Pg. 24 6.B restrictions regarding vegetation and other work the City may complete within this easement. Because this restrictive language triggers the requirements of RCW 35A.21.410, the City must hold a public hearing before extinguishing this restrictive covenant. Although the other two easements with recording numbers 5913517 and 5919845 are also called "river protection easements," they do not contain restrictive language triggering the requirements of RCW 35A.21.410. They instead simply grant rights of access to enter and construct and maintain flood control works. The City Council is holding a public hearing on March 15, 2022, at its regularly scheduled council meeting and invited comments regarding the City's intention to extinguish the restrictive covenants on Parcel No. 232204-9028. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Downey Farmstead Project - Resolution (PDF) Packet Pg. 25 6.B.a m 3 O U E O L RESOLUTION NO. 2035 > O c� as A RESOLUTION of the City Council of the y City of Kent, Washington, that: (1) authorizes the clearing of title encumbrances that conflict with the salmon recovery goals of the Downey Farmstead c Side Channel Salmon Habitat Restoration Project by accepting the relinquishment of three easements E granted to King County; (2) authorizes the removal of the restrictive covenants on the City's property; and (3) authorizes the Mayor to sign all documents related to the extinguishments of the easements and c removal of the restrictive covenants. U O r a� c �L RECITALS = A. The Downey Farmstead Side Channel Salmon Habitat Restoration a Project ('Project") is a salmon habitat and flood reduction project that will create 0 more than 1,800 linear feet of side channel habitat and provide key floodplain c habitat and storage along the Green River. o 0 N N B. The City of Kent entered into a grant agreement with the Washington State Recreation and Conservation Office for the Salmon Recovery and Funding a 'o Board grant on September 16, 2020. This agreement requires any encumbrances a. that conflict with the salmon recovery goals of the Project to be removed. a N E L M C. There are three encumbrances that have been identified as ;, conflicting with the salmon recovery goals of the Project, and the City has been o 0 1 c Downey Farmstead Project - E Resolution r Q Packet Pg. 26 6.B.a m working to clear these encumbrances. They are described as river protection 0 easements and are as follows: (1) easement on Parcel No. 232204-9028, King County Recording No. 20090528001279; (2) easement on Parcel No. 232204- E 0 9029, King County Recording No. 5913517; and (3) easement on Parcel No. 4- c 232204-9049, King County Recording No. 5919845. a� 0 U D. King County, as the beneficiaries of these easements, has agreed to r relinquish all of its rights, title, and interest in these easements. This resolution .2 gives the Mayor the authority to accept this relinquishment. aD 4- 0 E. Pursuant to RCW 35A.21.410, any code city must hold a public hearing upon a proposal to remove, vacate, or extinguish a restrictive covenant EE from property owned by the code city before the action is finalized. One of these easements contains such a restrictive covenant. Specifically, the River Protection y c Easement, Recording No. 20090528001279 on Parcel No. 232204-9028 contains U 0 some restrictions regarding vegetation and other work the City may complete within this easement. Because this restrictive language triggers the requirements of RCW 35A.21.410, the City must hold a public hearing before removing this restrictive covenant through the extinguishment of this easement. a M ti 0 F. Although the other two easements with recording numbers 5913517 r- and 5919845 are also called "River Protection Easements," they do not contain 0 r restrictive language triggering the requirements of RCW 35A.21.410. They instead y aD simply grant rights of access to enter and construct and maintain flood control works. a 0 L G. The City gave the public notice as required in RCW 35A.21.410 and a y the City Council held a public hearing on March 15, 2022, at a regularly scheduled E M city council meeting, and invited comments regarding the City's intention to ;, extinguish the restrictive covenants on Parcel No. 232204-9028. 0 0 2 c Downey Farmstead Project - E Resolution r Q Packet Pg. 27 6.B.a m NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, O WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: U E O L RESOLUTION c aD SECTION 1. - Recitals Incorporated. The foregoing recitals are 0 incorporated into the body of this resolution and constitute the findings of the > r Kent City Council on this matter. .2 a� o: aD SECTION 2. - Acceptance of Relinquishment Authorized. The Council O hereby authorizes the Mayor to take all steps and sign all documents necessary to accept the relinquishment of the following easements on city-owned property: EE a� (1) River Protection Easement on Parcel No. 232204-9028, King County a� Recording No. 20090528001279; (2) River Protection Easement on Parcel No. y c 232204-9029, King County Recording No. 5913517; and (3) River Protection U 0 Easement on Parcel No. 232204-9049, King County Recording No. 5919845. c •L a� SECTION 3. - Removal of Restrictive Covenants Authorized. After the giving of timely notice as required by RCW 35A.21.410, a contemporaneous a public hearing was held on March 15, 2022, to receive testimony on the subject 0 of removing restrictive covenants from the City's Parcel No. 232204-9028. c 0 r After due consideration, Council hereby authorizes the Mayor to take all o aD steps and sign all documents necessary to release any restrictive covenants on Parcel No. 232204-9028. a 0 L SECTION 4, - Ratification. Council ratifies all acts consistent with the a y authority of this resolution and prior to the passage of this resolution, and E M authorizes the Mayor to take all acts necessary, and to sign all documents ;, required to implement, fulfill, and otherwise carry out the terms and intent of 0 0 3 c Downey Farmstead Project - E Resolution r Q Packet Pg. 28 6.B.a m this resolution, subject to final document terms and conditions as the City 0 Attorney may determine are appropriate and consistent with the authority granted herein. U E 0 L 4- SECTION 5. - Severability. If any one or more section, subsection, or aD sentence of this resolution is held to be unconstitutional or invalid, such decision 0 shall not affect the validity of the remaining portion of this resolution and the r same shall remain in full force and effect. w a� o: aD SECTION 6. - Corrections by City Clerk. Upon approval of the City 0 Attorney, the City Clerk is authorized to make necessary corrections to this i resolution, including the correction of clerical errors; resolution, section, or E a� subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. c O U O SECTION 7. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. x a March 15, 2022 DANA RALPH, MAYOR Date Approved M c 0 r ATTEST: ' 0 N March 15, 2022 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted o L R APPROVED AS TO FORM: y E L M U- ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY o 0 4 c Downey Farmstead Project - E Resolution r a Packet Pg. 29 8.A.1 Pending Approval City Council Workshop • Workshop Regular Meeting KENT Minutes WAS HINGT0N March 1, 2022 Date: March 1, 2022 Time: 5:04 p.m. Place: Chambers I. CALL TO ORDER Attendee Name Title Status Arrived w Bill Boyce Council President Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present 0 Marli Larimer Councilmember Present @ Zandria Michaud Councilmember Present 'o Toni Troutner Councilmember Present 0. Les Thomas Councilmember Present a Dana Ralph Mayor Present a II. PRESENTATIONS 1 Building Community Resiliency Merina Hanson 45 MIN. N N O N Merina Hanson, Parks and Human Services Manager presented the Human L cc Services funding Update. 0 Human Services distributes funds - including local, state and federal sources to positively impact the lives of Kent residents and work in partnership with the City's Human Services Commission to align those investments and maximize community impact. c Hanson advised her division staff are conveners, planners, etc. and do not a solve every problem. Support and participate in community work is community work. a Conversations with nonprofits and community leaders are ongoing and happen in a variety of formats c Feedback is used to inform our overall work, in designing/identify priorities in the strategic plan, and in identifying gaps in services or funding Hanson conveyed that the Strategic Plan guides our work and prioritizes a few key areas for funding based on community input we received during the planning process. The upcoming application cycle right now for our per capita funds and our CDBG public service funds which total just over 1.2 million. Packet Pg. 30 8.A.1 City Council Workshop Workshop Regular March 1, 2022 Meeting Kent, Washington Minutes Strategic planning , community engagement, and evaluation are ongoing and we are continuously reviewing the programs we invest in and evaluating where we have gaps. Increasing opportunities for Technical Assistance. Looking for innovative partnership opportunities amongst organizations. Training for Commission and staff focused on equitable grantmaking and implicit bias. Integrating equity prompts into the application review process. Prioritizing Community-Led and Informed Work. Supporting community-led and community-informed organizations that are reflective of and embedded in the communities they serve and supporting c organizations that recognize and address the disparities that exist in our communities. ° 76 Hanson detailed the draft application timeline that started in September of Q L 2021 and will end around July of 2022. Q The City of Kent per capita human services funding is a critical source of a ongoing and stable funding for our agencies. Because those grants are two- o year commitments it is challenging to remain flexible and able to respond to N emerging issues in our community. Additionally, the per capita funding o process is designed specifically for more traditional program-based models. N r Without dedicated funding to invest in more grassroots, community led projects Kent will continue to face gaps in services and capacity. To make progress on the goals and strategies set out in the Plan, we c recommended one option was implementing an Opportunity Fund to invest in the creativity and resourcefulness of local communities, enabling them to drive their own development. This strategy aims to remove barriers to convening and collaboration and provide resources necessary to engage with one another, with local government, institutions and businesses, and within o public spaces. Grant funding available through this strategy will support people and organizations working together. Q Included in the budget passed by Council as a Pilot Program for 2022 Designed to be more flexible and allow for responsiveness to emerging needs outside the standard grantmaking process; investing in the creativity and resourcefulness of local communities. Potential Community Benefits: Identify community needs and gaps in services and develop approaches and solutions to critical community issues Support people and organizations working together Provide small grants for community-led projects Develop community leaders and authentic voices Increase accessibility and equity of funding and ultimately allow funders to Page 2 of 6 Packet Pg. 31 8.A.1 City Council Workshop Workshop Regular March 1, 2022 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... better understand and address barriers to funding smaller organizations. HB 1590 was approved by the Washington State Legislature in 2020 and provides councilmanic authority to implement a sales tax-based affordable housing levy. One-tenth of one percent sales tax approved by Kent City Council in 2020. Requirements: 60% capital (pooled with SKHHP) while 40% can be used for services, specifically operation, delivery, or evaluation of mental /behavioral health treatment programs and services or housing related services. Service dollars will support the KPD mental health co-responder program. c 4- ARPA Building Resiliency Funds: ° • Coronavirus State and Local Fiscal Recovery Funds (SLFRF) funds will be o spread out over five years and must be spent by 2026. a • Treasury Requirements will govern project eligibility. Q • Recipients are accountable to Treasury for oversight of subrecipients in accordance with 2 CFR 200.332, including ensuring our subrecipients comply a with the SLFRF statute, SLFRF award terms and conditions, Treasury's o interim final rule, applicable federal statutes, regulations and reporting N requirements. o • TLT staff will be hired to provide contract management and compliance N r oversight. • Align with other Departments and Divisions as much as possible. Monitor opportunities to align and leverage other funds or partner with other c jurisdictions. a� Hanson advised some of the challenges include: • Treasury guidelines and regulations • Reporting and monitoring r • Non-profit agency capacity • Monitoring for gaps and duplication Q • Human Services staff capacity a� r ARPA Building Resiliency Concepts: Input from our residents is essential in the decision-making process for how we allocate to programs within the resiliency fund. Based on prior community engagement during our Strategic Plan process, data, and regular check ins with organizations working directly with residents we have identified the following programming areas as probable areas for investment: • We are very interested in adding intensive case management and navigation services to help individuals and families identify barriers and access services to improve their long-term stability. • Wraparound System of Care Funding ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 6 Packet Pg. 32 8.A.1 City Council Workshop Workshop Regular March 1, 2022 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... • Employment Services • Youth Supports • Financial assistance programs to build assets • Human Services will focus on ensuring residents can afford high quality childcare, and assisting when families are not eligible for other funds Councilmember Fincher mentioned the community is seeking culturally- appropriate mental health services. Chief Administrative Officer, Derek Matheson provided information on the Mental Health Co-Responder Model. c 4- Councilmember Kaur talked about the possibility of having community center 0 models in Kent. > 0 L 2 2023-2028 Transportation Shivani Lal 30 MIN. a Improvement Program Q a Interim Transportation Planner, Shivani Lal presented the 2023-2028 Six- g Year Transportation Improvement Program update which is an annual update required by the Washington State Growth Management Act. o N The Six-Year Transportation Improvement Program is a short-range planning document that is updated annually based on needs and policies identified in a the City's adopted Comprehensive Plan and Transportation Master Plan. A 0 major update of the Transportation Master Plan was adopted on March 2, a 2021. ' c Projects move from the Transportation Master Plan to the Transportation Improvement Program as priority projects, grants and other funding sources are identified. Lal detailed recent community engagement the City conducted. N a� r Lal reviewed completed projects that included: The West James Street at 2nd Ave Pedestrian Crossing Project The S 212th Street Overlay Project from 72nd Ave S to 84th Ave S The Willis St Shared Use Paths - Union Pacific Railroad to the 4th and Willis Roundabout Lal advised of the proposed updates: East Valley Highway Pavement Preservation - S 196th Street to S 212th Street Central Avenue Plan As economic success in Kent continues, and our population grows, new programs, plans and projects will be added to the TIP, and these programs, ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 6 Packet Pg. 33 8.A.1 City Council Workshop Workshop Regular March 1, 2022 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... plans and projects will come from the adopted Transportation Master Plan. The Greenways Plan is a citywide plan to create bike boulevard/greenway routes on local or low-volume streets with signage, markings, and traffic calming as needed. This plan has been identified in the Transportation Master Plan. Lal advised the next steps include: Presenting during the April 18th Public Works Committee Scheduling a public hearing and adopt the plan at the May 3, 2022 City Council meeting. c 3 Local Road Safety Plan Erik Preston 15 MIN. — City Traffic Engineer, Erik Preston presented the Local Road Safety Plan and a L information on applying for HSIP grants. Q Preston advised the Local Road Safety Plan uses serious and fatal injury a crash data and risk assessment to evaluate and prioritize Kent's roadways for o traffic safety. We focus on serious and fatal injury crashes because of WA state's Target Zero Initiative. The LRSP update is required for HSIP o applications. N r i Preston reviewed Element #1: Identify top crash types using crash data that WSDOT provides to the City o Analyze only the most serious crashes a And select the most common risk factors Examples of Common Risk Factors include: Roadway width Traffic volume Speed limit Proximity to bus stops N Surrounding land-use c Preston reviewed Element #2: Analyze roadways for presence of risk factors Create prioritized list of roadway locations Preston explained the financial impact to society from severe crashes Preston reviewed Element #3: Identify countermeasures Develop projects Prioritize projects ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 6 Packet Pg. 34 8.A.1 City Council Workshop Workshop Regular March 1, 2022 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Crash Reduction Factors are developed by research and published in the Highway Safety Manual and related CMF Clearinghouse. These factors tell us that this countermeasure reduces these types of crashes by this percentage. After we match countermeasures to the location, we can start developing project. Developed a Prioritized list of projects: By Location Systemic High performing Countermeasures like HAWK signals or RRFBs, roundabouts, road diets c 4- HSIP is the Highway Safety Improvement Program: 0 $35M in Federal Money administered by WSDOT for City Safety Projects o Up from $25M in the last round in 2020 a Projects are awarded in 2 categories - Spot location, and Systemic. Q Kent was awarded $1.6M a HSIP Grant Process: o City Completes LRSP N Early March HSIP Applications are due along with the Local Road Safety o Plan, "' WSDOT selects projects from our prioritized list that we provide them. Grant funds are Awarded in November/December. 2 4- 0 Preston reviewed the Spot Location and Systemic Projects. Councilmember did not provide any suggestions or recommendations. a� Meeting ended at 6:06 p.m. a a� K6mbv,r1ey A. Kawwto- Q City Clerk 0 c ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 6 of 6 Packet Pg. 35 8.A.2 Pending Approval Kent City Council • City Council Regular Meeting KENT Minutes WAS M IN G 7 0 N March 1, 2022 Date: March 1, 2022 Time: 7:10 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name _EU Tit1ejjjjWL Status Arrived o Dana Ral h Mayor Present Bill Boyce Council President Present 0 Brenda Fincher Councilmember Present a Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present a Toni Troutner Councilmember Present c Les Thomas Councilmember Present ti Zandria Michaud Councilmember Present N 0 N 3. AGENDA APPROVAL L A. I move to approve the agenda as presented. 0 RESULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Council President c SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud c c� 0. 4. PUBLIC COMMUNICATIONS U A. Public Recognition y as r 0 1. Employee of the Month Mayor Ralph recognized Josh Bava as the City's March employee of the month. 2. Proclamation that the City of Kent Stands with Kent's Ukrainian Community Mayor Ralph presented the Proclamation that the City of Kent Stands with Kent's Ukrainian Community to Kyle Lyebyedyev and Lyebyeyev expressed appreciation of the Proclamation. 3. Reappointment to the Kent Arts Commission Packet Pg. 36 8.A.2 Kent City Council City Council Regular Meeting March 1, 2022 Minutes Kent, Washington Mayor Ralph requested the Council confirm her recommendation of appointing Sandi Westman to a second four-year term on the Kent Arts Commission that will begin on March 20, 2022, and end on March 19, 2026. B. Community Events Council President Boyce advised of upcoming events at the accesso ShoWare Center. Visit accessoshowarecenter.com for information on upcoming events. Councilmember Fincher announced upcoming Spotlight Series events. Visit Kentparks.com for tickets. 5. REPORTS FROM COUNCIL AND STAFF =_ A. Mayor Ralph's Report o Mayor Ralph explained the property tax distribution for the 2022 levy rates - o 11% of property taxes come to the city of Kent. More than half of the tax bill a is for voter-approved initiatives. Q Mayor expressed appreciation for those attending the recent Coffee and a Conversations with the Mayor. o ti N Mayor expressed appreciation for Grocery Outlet for hosting the Battle of the o Badges events. N r i B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised the ELT is planning a c retreat in April to discuss direction from the City Council's April retreat in a addition to issues of citywide importance. Matheson provided information on the current legislative session and the upcoming changes to indoor masking requirements. r a a� Matheson advised his written report is in today's agenda packet and there is Q no executive session. a� C. Councilmembers' Reports Council President Boyce chairs the Operations and Public Safety Committee and provided an overview from today's meeting. Council President Boyce chairs the City Council Workshop and provided details on today's agenda items. Councilmember Michaud serves on Kent's Human Services Commission that recently held a public hearing on the CDBG Consolidated Annual Performance and Evaluation. Michaud provided details on the panel's discussion regarding what they are learning from organizations that serve Kent residents. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 5 Packet Pg. 37 8.A.2 Kent City Council City Council Regular Meeting March 1, 2022 Minutes Kent, Washington Councilmember Larimer recently attended NERD party on Meeker street and indicated it was a great event that had a wonderful turnout. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board that will meet on March 161". Call 253-856-4300 for information on how to participate. Councilmember Fincher serves on the Sound Cities Association Mental Illness and Drug Dependency Oversight Committee King County that recently discussed the King County Department of Justice Administration on juvenile offender filings. The committee also reviewed statistics on unlawful detainer filings. 4- There is an upcoming training b the Center of Excellence relating to P 9 9 Y g � systemic causes of racism in relation to health care, specifically behavior 0 health. a Q 6. PUBLIC HEARING a None. o ti 7. PUBLIC COMMENT N 0 None. N r i fC S. CONSENT CALENDAR 4- 0 I move to approve Consent items A - D. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President ai SECONDER: Les Thomas, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas Michaud a m A. Approval of Minutes Q N 1. Council Workshop - Workshop Special Meeting - Feb 4, 2022 8:30 AM c 2. Council Workshop - Workshop Special Meeting - Feb 5, 2022 8:30 AM 3. Council Workshop - Workshop Regular Meeting - Feb 15, 2022 5:00 PM 4. City Council Meeting - City Council Regular Meeting - Feb 15, 2022 7:00 PM B. Payment of Bills - Approve ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 5 Packet Pg. 38 8.A.2 Kent City Council City Council Regular Meeting March 1, 2022 Minutes Kent, Washington MOTION: I move to approve the payment of bills received through 1/31/2022 and paid on 1/31/2022 and approve the checks issued for payroll 1/16/2022-1/31/2022 and paid on 2/4/2022, all audited by the Operations and Public Safety Committee on February 15, 2022. C. Reappointment to the Kent Arts Commission - Confirm MOTION: I move to approve the reappointment of Sandi Westman to a second four-year term on the Kent Arts Commission that will begin on March 20, 2022, and end on March 19, 2026. c D. Resolution Ratifying Countywide Planning Policy Amendments and Urban Growth Capacity Report - Adopt o MOTION: I move to adopt Resolution No. 2033, ratifying an o amendment to the King County Countywide Planning Policies a and adopt the Urban Growth Capacity Report through Q ordinances 19369 and 19384. a 9. OTHER BUSINESS o r� None. N N O N 10. BIDS r i A. Paint Line Striping and Raised Pavement Marking Replacement Bid - Award o Public Works Director, Chad Bieren presented details on the Paint Line Striping and Raised Pavement Markings Replacement Bid and recommended awarding to Apply-A-Line, LLC. a� MOTION: I move to award the 2022 Paint Line Striping and Raised Pavement Marking Replacement Project to Apply-A- Line, LLC in the amount of $243,530 and authorize the Mayor to sign all necessary documents, subject to final terms and Q conditions acceptable to the City Attorney and Public Works 2 Director. _ RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud B. Kent Spring Well #3 Component Replacement and Installation Bid - Award Public Works Director, Chad Bieren presented information on the Kent Spring Well #3 Component Replacement & Installation Bid and recommended ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 5 Packet Pg. 39 8.A.2 Kent City Council City Council Regular Meeting March 1, 2022 Minutes Kent, Washington awarding to Gary Harper Construction, Inc. MOTION: Award the Kent Springs Well #3 Component Replacement and Installation Project to Gary Harper Construction, Inc. in the amount of $187,368.18 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud 4- 0 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION o 0 Q None. a 12. ADJOURNMENT a Mayor Ralph adjourned the meeting. ti N N Meeting ended at 7:50 p.m. N r i K LWL�TP. Ley A. Komoto- � 4- City Clerk 0 a� a� 0 r a a� Q a� r c ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 5 Packet Pg. 40 8.B KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 2/15/22 and paid on 2/15/22 and approve the checks issued for payroll 2/1/22-2/15/22 and paid on 2/18/22 and approve the checks issued for payroll off-cycle retro run and paid on 2/11/22 all audited by the Operations and Public Safety Committee on 3/1/22. SUMMARY: Approval of payment of the bills received through----- 02/15/22 and paid 02/15/22 Approval of checks issued for Vouchers: Date Document Numbers Amount 02/15/22 Wire Transfers 9082 9100 $2,731,792.93 02/15/22 Regular Checks 759071 759350 $3,462,133.49 02/15/22 Payment Plus 103917 103951 $131,061.66 Void Checks $0.00 02/15/22 Use Tax Payable $1,809.04 $6,326,797.12 Approval of checks issued for Payroll: 2/1/22-2/15/22 and paid 2/18/2022 Date Document Numbers Amount 2/18/2022 Checks $2,087,936.58 Voids and Reissues 2/18/2022 Advices FR&P 463315 463323 $8,788.35 Total Payroll $2,096,724.93 Approval of checks issued for Payroll: Off-Cycle Retro Run and paid 2/11/2022 Date Document Numbers Amount 2/11/2022 Checks $44,229.02 $44,229.02 BUDGET IMPACT: None Packet Pg. 41 8.B 03/01/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 3/15/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 42 8.0 KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: Accept the Mill Creek Culvert Cleaning Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Mill Creek Culvert Cleaning Project as complete and release retainage to Olson Brothers Excavating, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: The project removed approximately 1,500 tons of sediment and invasive plant species from existing pipes, culverts, and immediately adjacent creek channel within Mill Creek. This project improved conveyance of Mill Creek and reduces flood risk in the creek. The final contract total paid was $545,055.62 which is $72,043.87 under the original contract amount of $617,099.49. BUDGET IMPACT: This project was paid for using Storm Drainage Funds. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thrivinq City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 43 8.D KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: Authorize the Transfer of $285,000 to the Lodging Tax Fund for Estimated Revenue Losses Incurred between 2020 and 2021 MOTION: I move to authorize the transfer of $285,000 to the Lodging Tax Fund to recognize estimated revenue losses incurred between 2020 and 2021. SUMMARY: On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law and provided additional funding to state, local, and tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The City of Kent was awarded nearly $28.2 million in ARPA funding and as of June 2021 has received $14.1 million. An allowable use for these funds includes revenue replacement for revenue losses incurred. In fact, City Council adopted a framework allowing for $10 million in revenue replacement. As part of the 2022 mid-biennium budget adjustment process, $150,000 in revenue loss recovery was 'earmarked' for the Lodging Tax Fund. This amount represented the estimated revenue loss incurred through 2020. Although 'earmarked', a budget was not established for this amount. Through 2021, it is estimated that the Lodging Tax Fund suffered an estimated revenue loss of $285,000. A full analysis of the City's revenue loss along with a proposed plan for use of those funds will be coming before the City Council later this spring. BUDGET IMPACT: Establish a budget and transfer of $285,000 to the Lodging Tax Fund to address the revenue loss impacts. This item will be included on the 2022 Q1 Consolidated Budget Adjustment. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 44 8.D 03/01/22 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 3/15/2022 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas, Troutner Packet Pg. 45 8.E KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: 2022-2026 City Art Plan - Adopt MOTION: I move to adopt the 2022-2026 City Art Plan. SUMMARY: The annual and five-year City Art Plans are prepared annually and detail how the Kent Arts Commission plans to spend the funding generated via the $2/capita City Art Ordinance. BUDGET IMPACT: N/A SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 2022_ArtPlan-EXHIBIT (PDF) 03/03/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 46 8.E.a CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission c c� a t= Q U w N O N N 2022 CITY ART PLAN N FIVE YEAR CITY ART PLAN, 2022 - 2026 ti 0 M Kent City Code 4.04 m_ x x W c d Q I N N O N C N E M V Q Approved: Visual Arts Committee 1/6/2022 Kent Arts Commission 1/12/2022 City Council Parks Committee: City Council Packet Pg. 47 8.E.a CITY OF KENT Parks, Recreation & Community Services Kent Arts Commission 2022 CITY ART PLAN NEW PROJECTS 2022 Budget Community Project Artwork: Kent Creates 4,100 Art Project: Traffic Signal Control Boxes 19,225 Art Project: Kent-Kherson Park - Digital Artwork ($25,000 reallocated; 0 see below) Art Project: 4t" Avenue and Willis Greenways Rotating Sculpture Program 0 ($35,000 reallocated; see below) Portable Collection: Purchases 12,000 ,. Opportunity Fund Allocation 60,075 Collection Maintenance/Programming 20,000 a TOTAL 2022 BUDGET FOR 19026223.4310 $115,400 Q v to N O OTHER EXPENSES N N N Salary & Administration (supplies, professional services, $160,000 N maintenance/repair) ESTIMATED 1112122 TOTAL 2022 BUDGET FOR 10006223.4310 $160,000 �o m Total $2 / capita 137,700 x 2 $275,400 = X w a PREVIOUSLY APPROVED PROJECTS Qi N Community Art Project: Kent Creates ($7,900 carried over from 2021) 7,900 N O Art Project: Traffic Signal Control Boxes ($12,775 carried over from 2021) 12,775 N Art Project: Kent-Kherson Park - Digital Artwork ($25,000 reassigned 25,000 CD from West Fenwick capital artwork allocation) E Art Project: Willis Greenway Rotating Sculpture Program ($35,000 35,000 reassigned from West Fenwick capital artwork allocation) Q Capital Project Artwork: Kent Valley Loop Trail ($60,000 approved in 60,000 previous years) Capital Project Artwork: Chestnut Ridge Park ($78,733 carried over from 78,733 2021, Project will be completed spring 2022) Collection Maintenance/Programming ($28,046 carried over from 2021; 30,526 $2,480 reassigned from 2021 Mural Project surplus) Opportunity fund - capital projects, strategic art acquisition, economic 180,306 development ($160,306 carried over from 2021; $20,000 reassigned from West Fenwick capital artwork allocation) Downtown Art Plan and Activation ($15,000 carried over from 2019) 15,000 Subtotal $445,240 TOTAL 2021 Anticipated Expenditures *720,640 2 Packet Pg. 48 8.E.a KENT ARTS COMMISSION 2022 CITY ART PLAN NARRATIVE Project Title: Community Project Artwork - Kent Creates Project Description: Kent Creates, a web platform for sharing art, culture, and creative endeavors, was launched in 2016. The project fosters inclusiveness by highlighting the talent and creativity of the Kent community. Participants upload projects to an automated website. Submissions are reviewed and published on a quarterly basis, with selected projects receiving an honorarium. Projects can fall within the traditional arts (poetry, painting, music); the community arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants submit a description of their project that will provide information and inspire other Kent residents to get creative. Estimated Costs: $12,000 ($4,000 for honorariums, $5,500 for maintenance/ hosting, $2,500 contingency/additional infrastructure and interface updates a Funding Source: 2022 City Art Plan: $4,100 2021 City Art Plan: $7,900 U W N City Partner: Information Technology N N N Background: Nationally, arts organizations are changing how they interact with the community. N Traditionally, we have been presenters of arts programs, but we also want to provide platforms ti for collaboration. Kent Creates allows people in Kent to share their creativity with one another. M Location: Online ~ m_ x x w Project Title: Art Project - Traffic Signal Control Box Art Wraps Q i Project Description: In 2017, Kent Arts Commission staff worked with the Police Department, o Economic Development, and Public Works to identify utility/signal boxes to wrap with artwork N (printed on vinyl) to deter graffiti. Building on the success of the five boxes that were part of the 2017 pilot project, the Kent Arts Commission commissioned eight boxes/artworks in 2018 and E 2019. Another nine boxes/artworks were added in 2021. Eight boxes are planned for 2022. (Moving forward, this project will alternate years with the Downtown Rotating Mural Program.) a Estimated Costs: $32,000 (Approx. $3,600/box, 8 boxes projected in '22 + contingency) Funding Source: 2022 City Art Plan: $19,225 2021 City Art Plan: $12,775 City Partner: Public Works, ECD Background: Many cities are using vinyl artwork wraps on utility/signal boxes to beautify their communities and to defer graffiti. Local examples are Shoreline and Federal Way. Location(s): Varied/TBD 3 Packet Pg. 49 8.E.a Project Title: Art Project - Kent-Kherson Park/Digital Artwork Project Description: Parks Planning and Development will complete construction on a newly renovated, space-themed park at 307 West Gowe Street (Kent-Kherson Park). The park design includes a Lunar Rover replica, a life-sized astronaut, and a large screen with projection capabilities. The Arts Commission will provide artistic content for the projection component by sharing artwork submitted through the Kent Creates digital platform and/or by commissioning new artwork from digital/video specific artists. Estimated Costs: $25,000 (including artist fees and a contracted project manager/curator) Funding Source: 2022 City Art Plan: $0 c 2021 City Art Plan: $25,000 (reassigned from West a Fenwick Park capital artwork allocation) a City Partner: Parks Planning and Development U W N Background: The newly renovated park aims to celebrate our region's legacy of aero and outer N space innovation by memorializing its role in space exploration. We believe this is an excellent N opportunity to spotlight the creativity of Kent residents and digital artists. N ti Location: Kent-Kherson Park, 307 West Gowe Street M m Project Title: Art Project - 41" Avenue and Willis Greenways Rotating Sculpture Program w Project Description: The Parks Department is constructing greenways to the north and south of Willis St. at the 4t"Ave. and Willis St. roundabout. These areas will provide welcoming gateways Q and increase connectivity through streetscape amenities, trees and vegetated buffers, lighting, Ni promenades and walkways, and artwork. The Arts Commission will implement a rotating o sculpture program in which sculptures will remain in place for a one to two-year cycle using two `4 structural footing pads already installed as part of the construction. a E M Estimated Costs: $35,000 (including artist fees, potential purchase awards, and a contracted project manager/curator) a Funding Source: 2022 City Art Plan: $0 2021 City Art Plan: $35,000 (reassigned from West Fenwick Park capital artwork allocation) City Partner: Parks Planning and Development Background: The Kent Downtown Reactivation & Access Project is a multi-phased project coordinated between the Public Works and Parks Departments. Benefits of the sculpture program include: Adding interest/energy to the site (updated every two years); high visibility; potential for expansion; opportunity to create a permanent sculpture gallery through purchase awards. Location: 4t" Avenue and Willis north and south Greenways 4 Packet Pg. 50 8.E.a Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of applicants to Summer Art Exhibit and allows for more strategic purchases. Estimated Costs: $12,000 Funding Source: 2022 City Art Plan: $12,000 City Partner: Facilities a Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit a purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to N increase productivity and job satisfaction, but the primary purpose is serving the public. CD N N N Location: City of Kent facilities N ti 0 M H m Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development = implementation) w r_ Project Description: Identify and implement art project(s) to address City and community goals. This funding allows the Arts Commission to incorporate significant artwork into capital projects, Qi acquire artwork for specific locations or needs, and contribute artwork to implementation of the o City of Kent Economic Development Plan. Possibilities include projects in partnership with N Economic Development and/or the Kent Downtown Partnership and acquiring artwork to strategically build the City's collection. The Arts Commission also has an interest in pursuing a E major artwork in 2026 to commemorate the United States of America's 250' anniversary. Estimated Costs: $240,381 a Funding Source: 2022 City Art Plan: $60,075 2021 City Art Plan: $160,306 (Opp. Fund carry-over) 2021 City Art Plan: $20,000 (reassigned from West Fenwick Park capital artwork allocation) City Partner: Economic Development, Parks Planning and Development Background: Kent Arts Commission staff continues on-going discussions with Economic Development staff about ways to partner and use art to achieve community Economic Development goals. The Kent Downtown Partnership has a renewed interest in incorporating more art in downtown Kent, providing more potential partnership opportunities. 5 Packet Pg. 51 8.E.a Location(s): TBD Project Title: Collection Maintenance and Programming Project Description: Projects include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. Projects in 2022 may include restoration and relocation of Railroad Yard mural at Titus Railroad Park (Mary Iverson, 2006); assessment of Daily Migration train corridor sculptures (Dos Remedios, 2005); and various repair and maintenance projects. Estimated Costs: $50,526 Funding Source: 2022 City Art Plan: $20,000 2021 City Art Plan Carry Over: $30,526 a Background: This fund may be used for maintaining and providing programming for existing artworks. L) W N O N N N O N ti O M H m X W C d Q I N N O N C N E L V Q 6 Packet Pg. 52 8.E.a PREVIOUSLY APPROVED PROJECTS Project Title: Capital Project Artwork(s) - Kent Valley Loop Trail (KVLT) Project Description: The Parks Department has long-term plans to create a Kent Valley Loop Trail system. This system of varying length trails along the Green River will link Riverview Park (yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. In collaboration with Parks Planning and Development staff, the Kent Arts Commission has identified an opportunity to create a permanent outdoor sculpture gallery through this trail system. This project ties directly to the plan to establish a 4th Avenue and Willis Greenways Rotating Sculpture Program. Potential purchases from the rotating sculpture program will populate the permanent sculpture gallery along the KVLT. Another possible project may include a mural on the 212t'' industrial building development. Kent Arts Commission staff is in conversations with ECD staff to gauge the interest of the developer in such a project. a a Estimated Costs: $60,000 _ U Fundinq Source: 2021 City Art Plan Carry Over: $60,000 c N N City Partner(s): Parks Planning and Development, Economic and o Community Development N ti Background: The vision for the KVLT is to enhance recreation opportunities at Kent's river-front M parks and along the Green River Trail that connects them. Integrating public art tourism draw. Parks Planning and Development contracted with Berger Partnership to develop a Master Plan for 6-3- the project in 2013. Through a competitive selection process, the Arts Commission selected Ellen w Sollod to serve as the artist representative on the planning team and to create an art plan for � the KVLT. `° a Location: Kent Valley Loop Trail/parks along Green River Ni N O N C N Project Title: Capital Project Artwork: Chestnut Ridge Park Renovation Project Description: Parks Planning and Development is renovating Chestnut Ridge Park in a 2022. The park will include a playground expansion and open lawn areas well-suited for a sculptural art installation. The Arts Commission selected and contracted Scott Trimble of WST Studios to create artwork for the park. Two sculptural seating structures will encourage exploration of the site and enjoyment of the expansive views the park offers of the Kent Valley and Olympic Mountains. Estimated Costs: $78,733 of $88,733 contract remaining Funding Source: 2021 City Art Plan: $78,733 City Partner: Parks Planning and Development 7 Packet Pg. 53 8.E.a Background: Chestnut Ridge is a neighborhood park including a picnic shelter and grill, play equipment, parking, and restrooms. Existing public art includes Peter Reiquam's "Produce Truck Weather Vane." Location: Chestnut Ridge Park, 9901 South 203rd Street Project Title: Downtown Art Plan and Activation Project Description: The Kent Arts Commission received funding from 4Culture's 2019 Creative Consultancies program, which matches artists/creative consultants with municipalities to address a variety of challenges throughout the region. The Kent Arts Commission was paired with Lucia Neare to develop a downtown arts and culture c plan for Kent, as well as to implement one or more art activation activities. With new a development and increased energy around revitalizing downtown Kent, there are a variety of a organizations and individuals with interest in incorporating art and culture. Developing a plan will ,, allow all stakeholders to have ownership and to move forward with a common vision. The project has involved collaboration with the Kent Downtown Partnership, private property and business N owners; various city departments; and representatives from various cultural communities in N Kent. Relationships have been forged and focus groups were planned to convene in 2020. The N COVID pandemic stalled this project and the future of the program is uncertain with 4Culture. N ti Estimated Costs: $15,000 remaining M Funding Source: 2019 City Art Plan: $15,000 m_ x x City Partner: Potentially Economic Development, Parks Planning and w Development c a Background: Currently there are a variety of programs and projects in place in the downtown Qi core, including portions of the City's award-winning public art collection, the City's Centennial CM o Center Gallery, Kent Downtown Partnership/private art installations, the 3rd Thursday Art Walk, N Kent Summer Concerts, library programs, and two new art studio spaces. It is exciting to see so much happening in the way of arts and culture in downtown Kent, but the current approach is E scattershot and not united by a common vision. The focus of working with a creative consultant will be to bring stakeholders together to develop a unified vision and an actionable plan for using a art and culture to transform downtown Kent into the heart of our diverse community. 8 Packet Pg. 54 8.E.a KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2022 - 2026 2022 PROJECTS COSTS Projects 115,400 Community Project Artwork: Kent Creates 4,100 Art Project: Traffic Signal Control Box Art Wraps 19,225 Art Project: Kent-Kherson Park/Digital Artwork 0 Art Project: 4th Ave. &Willis St. Rotating Sculpture Program 0 Portable Collection Purchases 12,000 Opportunity Fund 60,075 Collection maintenance and programming 20,000 Administration/Maintenance 160,000 Total $275,400 2023 PROJECTS COSTS Projects 115,400 Capital Project Artwork(s): TBD 40,000 Art Project: Downtown Rotating Murals 35,000 a Community Project Artwork: Kent Creates 15,000 Q Portable Collection Purchases 12,000 Collection maintenance and programming 13,400 v Administration/Maintenance 160,000 m Total $275,400 0 N N 2024 PROJECTS COSTS c N Projects 118,000 ti Art Project: 4th Ave. &Willis St. Rotating Sculpture Program 35,000 c Art Project: Traffic Signal Control Box Art Wraps 32,000 Capital Project artwork(s): 1st Avenue Pocket Park 20,000 H Portable Collection Purchases 12,000 m Community Project Artwork: Kent Creates 15,000 = Collection maintenance and programming 4,000 w Administration/Maintenance 162,000 Total $280,000 a 2025 PROJECTS COSTS Q� N N Projects 118,000 N Capital Project artwork(s): TBD/America's 250th 50,000 Art Project: Downtown Rotating Murals 35,000 Portable Collection Purchases 15,000 Community Project Artwork Kent Creates 15,000 c� Collection maintenance and programming 3,000 Administration/Maintenance 162,000 Q Total $280,000 2026 PROJECTS COSTS Projects 118,000 Art Project: 4th Ave. & Willis St. Rotating Sculpture Program 35,000 Art Project: Traffic Signal Control Box Art Wraps 32,000 Capital Project artwork(s) TBD/America's 250th 25,000 Portable Collection Purchases 10,000 Community Project Artwork: Kent Creates 15,000 Collection maintenance and programming 1,000 Administration/Maintenance 162,000 Total $261,200 9 Packet Pg. 55 8.F KENT Wn 1 c N DATE: March 15, 2022 TO: Kent City Council SUBJECT: 2022 Summer Experience and Enrichment for Kids Grant Agreement - Authorize MOTION: I move to authorize the Mayor to sign a grant agreement with the Association of Washington Cities in the amount of $246,889, to support summer outdoor education and recreation opportunities for underserved school age participants, and to amend the budget and authorize expenditure of the funds, subject to final agreement terms acceptable to the Parks Director and City Attorney. SUMMARY: The Parks, Recreation and Community Services Department's Recreation and Cultural Services Division was awarded $246,889 from the Association of Washington Cities (AWC) in partnership with Washington Recreation and Parks Association (WRPA) and the Office of Superintendent of Public Instruction (OSPI) for use in summer, 2022. The funds are designed to expand summer outdoor education and recreation opportunities for underserved school-age participants, particularly those impacted by COVID. Recreation submitted for and was awarded funding in three separate areas: Summer Day Camp/Summer Youth Concerts for kids/families Mobile Recreation/Playgrounds/Nutrition Outreach Water Safety at Lake Meridian... to include elements of swim instruction, water safety, and introduction to water sports (paddleboard and kayak) Expected outcomes for participating Kent youth/teens include: he opportunity to experience social connections with their peers, expanded awareness and practice of healthy lifestyles, increased participation in daily exercise, improved nutrition, and access to swim instruction, water safety, and introduction to water sports experiences to help with youth development while experiencing outdoor activities. Funding will cover all related program expenses, including staffing, contracted services, facility rental, supplies, and financial assistance for participants with demonstrated financial need. BUDGET IMPACT: 2022 impact of $246,889. The Parks Department Recreation budget will be amended to include the grant expenditure and revenue. Packet Pg. 56 8.F SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 2022-Contract_EXHIBIT (PDF) 03/03/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 57 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement r c a� E a� m L Association of Washington Cities Q Service Subcontract ("Subcontract") with L c� Y City of Kent Parks, Recreation and Community Services ,0 r through E Summer Experiences & Enrichment for Kids Fund (SEEK Fund) w A program of the Washington Office of Superintendent of Public Instruction (OSPI) •L x w L For E Jurisdiction Name City of Kent Parks, Recreation and Community Services in Y Program Description 1. Camp Walkapala Day Camp and Wednesday Performances w 2. Playgrounds and Mobile Recreation and Nutritional Outreach N 3. Lake Meridian Water Safety Program N cw 0 M H m Start date: April 1S, 2022 w 0 End date: November 1S, 2022 f° r c 0 U N N 0 N r C d E t V R r-+ r Q Packet Pg. 58 8.F.a FACE SHEET Subcontract Number:22 Association of Washington Cities(AWC) c Summer Experiences&Enrichment for Kids(SEEK) Fund E a� m The Association of Washington Cities (AWC) is working in collaboration with and generally under the direction from OSPI `0 provide evidence-based, outdoor, summer enrichment programs to youth in K-12 (ages 4-21). Funds for this subcontract are intended to prevent, prepare for, or respond to the COVID-19 pandemic, including its impact on the social, emotional 2- mental health, and academic needs of students. 0 1.Subcontractor 2.Subcontractor Doing Business As(optional) Y L O City of Kent N/A r Dept.of Parks, Recreation and Community Services aa) 220 4`"Avenue South E Kent,WA 98032 L W 3.Subcontractor Representative 4.AWC Representative c Julie Stangle Jacob Ewing 1076 Franklin Street SE a� Adaptive Recreation and Youth/Teen Manager Legislative Policy Analyst Olympia,WA U c 253-856-5033 (telephone) (360)753-4137 98501 .L 253-856-6030(fax) jacobe@awcnet.org a K W S.Subcontract Amount 6.Start Date 7. End Date 8.Tax ID# $246,889 April 15,2022 November 15, 2022 91-6001254 E E 9.Subcontract Purpose t) Carry out summer activities under the OSPI SEEK program as described in Attachment A. w W U) N N AWC and the Subcontractor,as defined above, acknowledge and accept the terms of this Subcontract and attachments and have N executed this Subcontract on the date below to start as of the date and year referenced above.The rights and obligations of both co parties to this Subcontract are governed by this Subcontract and the following other documents incorporated by reference: c Subcontractor General Terms and Conditions including Attachment"A"—SEEK Application/Scope of Work;Attachment"B"—Project Costs Worksheet; Attachment "C — Subcontractor Data Collection; Attachment (D) — Subcontractor Agent(s); Attachment E - Proclamation 21-14 COVID-19 Vaccination Certification. m 2 FOR SUBCONTRACTOR FOR Association of Washington Cities W� City of Kent L r Dana Ralph, Mayor p U N N O Date N Attest: Date m E Kent City Clerk Approved as to Form: r a Kent City Attorney, Deputy 1 Packet Pg. 59 8.F.a FACE SHEET Last revision 11/23/2021 C N E N d L Q 'L^ V Y L O E V �L W V �L d Q K LU L E E Y Ill W N N O N CO O M H m 2 X W I u L r 0 U N N O N r C d E t V a+ a 1 Packet Pg. 60 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement 1. SUBCONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the Subcontract +, contact person for all communications and billings regarding the performance of this Subcontract. W E The Representative for AWC and their contact information are identified on the Face Sheet of this L Subcontract. Q The Representative for the Subcontractor and their contact information are identified on the Face Sheet of this Subcontract. 2. PAYMENT -a Y AWC shall pay an amount not to exceed $246,889 for the performance of all things necessary for or `o incidental to the performance of work as set forth in the SEEK Application and described in Attachment A. Subcontractor's compensation for services rendered shall be based on the completion a) of duties as outlined in the SEEK application, in Attachment A, in accordance with the following sections. c W c 3. BILLING PROCEDURES AND PAYMENT U AWC will reimburse Subcontractor upon acceptance of services provided and receipt of properly m 2L completed invoices, which shall be submitted to the Representative for AWC not more often than a monthly. Subcontractor will use the invoice form provided by AWC to request reimbursement. w L The invoices shall describe and document,to AWC's satisfaction,a description of the work performed, E the progress of the project, and fees. The invoice shall include the Subcontract Number 22-30. A E receipt must accompany any single expenses in the amount of $50.00 or more in order to receive U) reimbursement. Y W W If errors are found in the submitted invoice or supporting documents, AWC will notify the U) Subcontractor to make corrections in a timely manner, resubmit the invoice and/or supporting c documentation as requested, and notify AWC. co Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of 0 properly completed invoices. Payment shall be sent to the address designated by the Subcontractor. AWC may, in its sole discretion, terminate the Subcontract or withhold payments claimed by the m_ Subcontractor for services rendered if the Subcontractor fails to satisfactorily comply with any term = X or condition of this Subcontract. W i U No payments in advance or in anticipation of services or supplies to be provided under this L r Subcontract shall be made by AWC. 0 U Duplication of Billed Costs C� N O The Subcontractor shall not bill AWC for services performed under this Subcontract, and AWC shall N not pay the Subcontractor, if the Subcontractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. This does not include fees charged for summer E recreation programs. r Disallowed Costs Q The Subcontractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Packet Pg. 61 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement Final Reimbursement and Reporting Deadline When the project is completed the Subcontractor must submit a final invoice, final report, and +, supporting documents needed to close out the project no later than October 1, 2022. W E AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final L reporting from the Subcontractor has been submitted and verified. Q 4. SUBCONTRACTOR DATA COLLECTION/REPORTING REQUIREMENTS L Subcontractor will submit reports, in a form and format to be provided by AWC (See Attachment C). Data must be provided to AWC along with final billing. -a Y 5. AGENT(S) `o 0 Agent(s) in this contract refers to any third-party entity and its employees that the Subcontractor has subcontracted with to provide services funded through this agreement. The Subcontractor is E responsible for ensuring that any agent complies with the provision herein. L Any of the Subcontractor's agent(s)that will provide director supervision of youth through programs W funded by this contract must be listed in Attachment D — Subcontractor Agent(s) and must provide proof of insurance per Section 6 of this document. c 6. INSURANCE m �L d a.Workers'Compensation Coverage. The Subcontractor shall at all times comply with all applicable x workers' compensation, occupational disease, and occupational health and safety laws, statutes, and w regulations to the fullest extent applicable. This requirement includes the purchase of industrial E insurance coverage for the Subcontractor's employees, as may now hereafter be required of an E "employer" as defined in Title S1 RCW. Such workers' compensation and occupational disease U) requirements shall include coverage for all employees of the Subcontractor, and for all employees of Y W any subcontract retained by the Subcontractor, suffering bodily injury (including death) by accident W or disease,which arises out of or in connection with the performance of this Subcontract. Satisfaction N of these requirements shall include, but shall not be limited to: N co i. Full participation in any required governmental occupational injury and/or M disease insurance program, to the extent participation in such a program is mandatory in any jurisdiction; m_ x X W ii. Purchase workers' compensation and occupational disease insurance benefits to U� employees in full compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under mandatory o governmental program in "a" above, and/or; N N O N iii. Maintenance of a legally permitted and governmentally approved program of self-insurance for workers' compensation and occupational disease. m E Except to the extent prohibited by law,the program of the Subcontractor's compliance with workers' Q compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees. Packet Pg. 62 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement If the Subcontractor, or any agent retained by the Subcontractor, fails to effect and maintain a program of compliance with applicable workers' compensation and occupational disease laws, statutes, and regulations and AWC incurs fines or is required by law to provide benefits to such c employees,to obtain coverage for such employees,the Contractor will indemnify AWC for such fines, E E payment of benefits to Subcontractor or Subcontractor employees or their heirs or legal L representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount Q owed AWC by the Subcontractor pursuant to the indemnity may be deducted from any payments owed by AWC to the Subcontractor for the performance of this Subcontract. b. Automobile Insurance. In the event that services delivered pursuant to this Subcontract involve N the use of vehicles, owned or operated by the Subcontractor, automobile liability insurance shall be Y required. The minimum limit for automobile liability is: o r c $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. E c. Business Automobile Insurance. In the event that services performed under this Subcontract •L involve the use of vehicles or the transportation of clients, automobile liability insurance shall be W required. If Subcontractor-owned personal vehicles are used, a Business Automobile policy covering a minimum Code 2 "owned autos only" must be secured. If the Subcontractor's employees' vehicles are used, the Subcontractor must also include under the Business Automobile policy Code 9, coverage for"non-owned autos." The minimum limits for automobile L liability is: x w L W $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. E d. Public Liability Insurance(General Liability). The Subcontractor shall at all times during the term in of this Subcontract, at its cost and expense, carry and maintain general public liability insurance, Y including contractual liability, against claims for bodily injury, personal injury, death, or property W damage occurring or arising out of services provided under this Subcontract. This insurance shall N cover such claims as may be caused by any act, omission, or negligence of the Subcontractor or o its officers, agents, representatives, assigns or servants. The limits of liability insurance, which N may be increased from time to time as deemed necessary by AWC, with the approval of the co Subcontractor(which shall not be unreasonably withheld), shall not be less than as follows: m Each Occurrence $1,000,000 X w i U Products-Completed Operations Limit $2,000,000 c Personal and Advertising Injury Limit $1,000,000 U N Fire Damage Limit(any one fire) $ 50,000 N 0 N r C d e. Local Governments that Participate in a Self-Insurance Program. E Alternatively, Subcontractors may maintain a program of self-insurance or participate in a r property/liability pool with adequate limits to comply with the Subcontract insurance Q requirements or as is customary to the contractor or subcontractor's business, operations/industry, and the performance of its respective obligations under this Subcontract. Packet Pg. 63 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement f. Additional Insured. The Office of Superintendent of Public Instruction, and the Association of Washington Cities, shall be specifically named as an additional insured on all policies, including Public Liability and Business Automobile, except for liability insurance on privately-owned c vehicles, and all policies shall be primary to any other valid and collectible insurance. E AWC and OSPI may waive the requirement to be specially named as an additional insured on L policies, including Public Liability and Business Automobile, provided that the Subcontractor Q provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington -a State Auditor's reporting requirements and all related federal and state regulations. Y L Subcontractors participating in a joint risk pool shall maintain sufficient documentation to support ,0 the aggregate claim liability information reported on the balance sheet. The AWC and OPSI, its c agents, and employees need not be named as additional insured under a self-insured E property/liability pool, if the pool is prohibited from naming third parties as additional insured. .L g. Proof of Insurance. Certificates and or evidence satisfactory to the AWC confirming the existence, w terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of the Subcontractor's receipt of Authorization to Proceed. c m �L h. General Insurance Requirements. Subcontractor shall, at all times during the term of the x Subcontract and at its cost and expense, buy and maintain insurance of the types and amounts w L listed above. Failure to buy and maintain the required insurance may result in the termination of aD the Subcontract at AWC's option. By requiring insurance herein, AWC does not represent that E coverage and limits will be adequate to protect Subcontractor and such coverage and limits shall ) not limit Subcontractor's liability under the indemnities and reimbursements granted to AWC in Y this Subcontract. w N Subcontractor shall include all agents of the Subcontractor as insureds under all required N insurance policies,or shall furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance requirements stated herein. Failure of agent(s) to comply co with insurance requirements does not limit Subcontractor's liability or responsibility. 7. ORDER OF PRECEDENCE op x In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving �X precedence in the following order: U to • Applicable federal and state of Washington statutes and regulations 0 • Subcontract and Subcontractor General Terms and Conditions c) N • Attachment A—SEEK Application &Scope of Work N • Attachment B— Budget and Project Costs Worksheet c m • Attachment C—Subcontractor Reporting Requirements t U 0 • Attachment D—Subcontractor Agent(s) Q • Attachment E- Proclamation 21-14 COVID-19 Vaccination Certification Packet Pg. 64 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement SUBCONTRACTOR GENERAL TERMS AND CONDITIONS 1. Access to Data. In compliance with Chapter 39.26 RCW, the Subcontractor shall provide access to c data generated under this Subcontract to AWC, and to the extent necessary to comply with RCW E 39.26,the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. L This includes access to all information that supports the findings, conclusions, and recommendations Q of the Subcontractor's reports, including computer models and methodology for those models. 'L^ V 2. Alterations and Amendments. This Subcontract may be amended only by mutual agreement of the N parties in writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. c 0 r 3. Americans with Disabilities Act(ADA)of 1990, Public Law 101-336,also referred to as the"ADA"28 CFR Part 35. In relation to this Subcontract, the Subcontractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of .L employment, public accommodations,state and local government services,and telecommunications. w c 4. Assignment. Neither this Subcontract, nor any claim arising under this Subcontract, shall be transferred or assigned by the Subcontractor without prior written consent of AWC. m 2 d 5. Assurances. AWC and the Subcontractor agree that all activity pursuant to this Subcontract will be in Q- x accordance with all applicable current federal, state and local laws, rules and regulations. W L W E 6. Attorney's Fees. In the event of litigation or other action brought to enforce contract terms, each E party agrees to bear its own attorney's fees and costs. U) Y W 7. Budget Revisions. Any monetary amount budgeted by the terms of this Subcontract for various W Cn activities and line item objects of expenditure,as outlined in Attachment B—Budget and Project Costs N Worksheet, may be revised without prior written approval of AWC, so long as the revision is no more G N than ten percent (10%) of the original line item amount and the increase in an amount is offset by a co decrease in one or more other amounts equal to or greater than the increase. All other budget c revisions exceeding ten percent (10%) shall only be made with the prior written approval of AWC. Subcontractor will use the funding change request form provided by AWC to request these budget ~ m revisions. _ X W 8. Certification Regarding Debarment, Suspension, and Ineligibility. The Subcontractor certifies that U neither it nor its principals are debarred,suspended, proposed for debarment,or voluntarily excluded f° r from participation in transactions by any federal department or agency. The Subcontractor further o certifies that they will ensure that potential subcontractors or any of their principals are not debarred, v N suspended, proposed for debarment, or voluntarily excluded from participation in covered o transactions by any federal department or agency. "Covered transactions" include procurement cm r contracts for goods that are expected to equal or exceed twenty-five thousand dollars ($25,000). Subcontractor may do so by obtaining a certification statement from the potential subcontractor or E subrecipient or by checking online at the System for Award Management(SAM), Excluded Parties List. The Subcontractor shall immediately notify the AWC if, during the term of this subcontract, Q Subcontractor becomes debarred. AWC may immediately terminate this Subcontract by providing Subcontractor written notice if Subcontractor becomes debarred during the term of this Subcontract. Packet Pg. 65 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement The Subcontractor also certifies that neither it nor its principals are debarred,suspended,or proposed for debarment from participation in transactions by any state department or agency. The Subcontractor further certifies that they will ensure that potential subcontractors or any of their c principals are not debarred, suspended, or proposed for debarment from participation in covered E transactions by any state department or agency. L Q 9. Certification Regarding Lobbying. The Subcontractor certifies that Federal-appropriated funds will not be used to pay any person or organization for influencing or attempting to influence an officer or L employee of any agency, a member of Congress, officer or employee of Congress or an employee of N a member of Congress in obtaining any Federal contract,grant or any other award covered by 31 USC 1352. Subcontractor shall require its agents to certify compliance with this provision. c 0 r 10. Certification Regarding Wage Violations. The Subcontractor certifies that within three(3)years prior to the date of execution of this Subcontract, Subcontractor has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and 'L Industries or through a civil judgment entered by a court of limited or general jurisdiction to have w willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46,49.48, or 49.52. a� The Subcontractor further certifies that it will remain in compliance with these requirements during c m the term of this Subcontract. Subcontractor will immediately notify AWC of any finding of a willful L m violation entered by the Washington Department of Labor and Industries or through a civil judgment Q- x entered by a court of limited or general jurisdiction entered during the term of this Subcontract. W L E 11. Change in Status. In the event of substantive change in the legal status, organizational structure, or E fiscal reporting responsibility of the Subcontractor,Subcontractor agrees to notify AWC of the change. U) Subcontractor shall provide notice as soon as practicable, but no later than thirty(30) days after such w a change takes effect. W N N 12. Confidentiality. The Subcontractor acknowledges that all of the data,material and information which G N originates from this Subcontract, and any student assessment data, material and information which co will come into its possession in connection with performance under this Subcontract, consists of c confidential data owned by AWC or confidential personally identifiable data subject to the federal Family Educational Rights and Privacy Act(FERPA) (20 U.S.C. § 1232g;34 CFR Part 99) or other privacy ~ m laws, and that the data must be secured and protected from unauthorized disclosure by the = Subcontractor.The Subcontractor is wholly responsible for compliance with FERPA requirements. w i U The Subcontractor,therefore,agrees to hold all such material and information in strictest confidence, to not to make use thereof other than for the performance of this Subcontract, to release it only to 0 authorized employees and agents requiring such information and not release or disclose it to any N other party. The Subcontractor agrees to release such information or material only to employees and o agents who have signed a written agreement expressly prohibiting disclosure or usages not `1' r specifically authorized by this Subcontract. The parties acknowledge the release of records may be 0 subject to the Public Records Act, RCW 42.56, and further acknowledge that Washington law and E court order may compel disclosure of certain records; this provision does not apply to records compelled by law or court order. Q 13. Copyright Provisions. Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the Packet Pg. 66 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement Superintendent of Public Instruction (Superintendent). The Superintendent shall be considered the author of such Materials. If Materials are not considered "works for hire", Subcontractor hereby irrevocably assigns all right,title, and interest in Materials, including all intellectual property rights,to c the Superintendent effective from the moment of creation of such Materials. E W m L Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Copyright ownership includes the right to patent, register and the ability L to transfer these rights. c9 Subcontractor understands that, except where otherwise agreed to in writing or approved by the Y Superintendent or designee, all original works of authorship produced under this Contract shall carry `o a Creative Commons Attribution License, version 4.0 or later. a� E All Materials the Subcontractor has adapted from others' existing openly licensed resources must be licensed with the least restrictive open license possible that is not in conflict with existing licenses. w For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, Subcontractor will license the materials to allow others to translate, a� U reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the m Subcontractor would like to limit these pre-existing portions of the work to non-commercial use,the L_, Creative Commons Attribution-NonCommercial-ShareAlike license,version 4.0 or later,is acceptable w for these specific sections. a_ E The Subcontractor warrants and represents that Subcontractor has all rights and permissions, E including intellectual property rights, moral rights and rights of publicity, necessary to apply such a Cn license. Y w w The Subcontractor shall exert all reasonable effort to advise the Superintendent, at the time of 04 N delivery of data furnished under this Contract,of all known or potential invasions of privacy contained c therein and of any portion of such document which was not produced in the performance of this "! Contract. The Superintendent shall receive prompt written notice of each notice or claim of co infringement received by the Subcontractor with respect to any data delivered under this Contract. M The Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the Subcontractor. ~ m_ x 14. Covenant Against Contingent Fees. The Subcontractor warrants that no person or selling agent has W been employed or retained to solicit or secure this Subcontract upon an agreement or understanding U� for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona f° r fide established agent maintained by the Subcontractor for the purpose of securing business. AWC o shall have the right, in the event of breach of this clause by the Subcontractor, to annul this v N Subcontract without liability or, in its discretion, to deduct from the contract price or consideration o N or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. m E 15. Disputes. In the event that a dispute arises under this Subcontract, the parties will use their best efforts to amicably resolve any dispute, including use of alternative dispute resolution options. Q Packet Pg. 67 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement 16. Duplicate Payment. AWC shall not pay the Subcontractor, if the Subcontractor has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. c a� E 17. Entire Agreement. This Subcontract contains all the terms and conditions agreed upon by the parties. L No other understandings, oral or otherwise, regarding the subject matter of this Subcontract shall be Q deemed to exist or to bind any of the parties hereto. 'L^ V 18. Ethical Conduct. Neither the Subcontractor nor any employee or agent of the Subcontractor shall N participate in the performance of any duty or service in whole or part under this Subcontract in violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter c 42.52 RCW, RCW 42.17A.550, RCW 42.17A.555,and 41.06.250 prohibiting the use of public resources r for political purposes. E 19. Governing Law and Venue. This Subcontract shall be construed and interpreted in accordance with 'L the laws of the State of Washington and the venue of any action brought hereunder shall be in w Superior Court for Thurston County. a� 20. Indemnification. To the fullest extent permitted by law, Subcontractor shall indemnify, defend and c hold harmless AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death arising out of or resulting from the performance of this Subcontract. "Claim"as used 0- x in this Subcontract, means any financial loss, claim, suit, action, damage, or expense, including but w L not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom.Additionally, "'claims" shall E include but not be limited to, assertions that the use or transfer of any software, book, document, U) report, film,tape or sound reproduction or material of any kind, delivered hereunder, constitutes an w infringement of any copyright, patent,trademark,trade name, or otherwise results in an unfair trade w practice or in unlawful restraint of competition. Subcontractor's obligation to indemnify, defend and N hold harmless includes any claim by Subcontractor's agents, employees, representatives, or any o N subcontractor or its employees. 0 0 Subcontractor expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs, charges, penalties, demands, losses, liabilities, damages,judgments, or fines out of or incident ~ m to Subcontractor's or its subcontractor's performance or failure to perform the = Subcontract. Subcontractor's obligation to indemnify, defend, or hold harmless AWC shall not be w eliminated or reduced by any actual or alleged concurrent negligence by AWC, or their agents, U employees, or officials. c 0 Subcontractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,defend v N and hold harmless AWC, and their agents, employees, or officials. o N r 21. Independent Capacity of the Subcontractor. The parties intend that an independent Subcontractor relationship will be created by this Subcontract.The Subcontractor and his/her employees or agents E performing under this Subcontract are not employees or agents of AWC. The Subcontractor will not hold itself out as nor claim to be an officer or employee of AWC, the Superintendent or of the state Q of Washington by reason hereof, nor will the Subcontractor make any claim or right, privilege, or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Subcontractor. Packet Pg. 68 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement 22. Licensing and Accreditation Standards. The Subcontractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary to the c performance of this Subcontract. E M m L 23. Limitation of Authority. Only AWC or AWC's delegate by writing (delegation to be made prior to Q action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Subcontract. Furthermore, any alteration, amendment, modification, or L waiver or any clause or condition of this Subcontract is not effective or binding unless made in writing N and signed by AWC. Y L 24. Non-Discrimination. The Subcontractor shall comply with all the federal and state non-discrimination laws, regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, a) on the ground of sex, race,creed, religion,color, national origin, marital status,families with children, M age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or •2 the use of a trained dog guide or service animal, be unlawfully excluded from participation in, be w denied the benefits of, or be otherwise subjected to discrimination under any activity performed by the Subcontractor and its agents under this Subcontract. The Subcontractor shall notify AWC immediately of any allegations, claims, disputes, or challenges made against it under non- c discrimination laws, regulations,or policies,or under the Americans with Disabilities Act. In the event of the Subcontractor's noncompliance or refusal to comply with this nondiscrimination provision,this Q- x Subcontract may be rescinded, cancelled or terminated in whole or part, and the Subcontractor may w L be declared ineligible for further contracts with AWC. M E E 25. Overpayments. Subcontractor shall refund to AWC the full amount of any overpayment under this U) Subcontract within thirty(30)calendar days of written notice. If Subcontractor fails to make a prompt w refund, AWC may charge Subcontractor one percent(1%) per month on the amount due until paid in w U) full. N 0 N 26. Public Disclosure. Subcontractor acknowledges that AWC is subject to the Washington State Public co Records Act, Chapter 42.56 RCW, and AWC acknowledges that the Subcontractor is subject to the c Washington State Public Records Act, Chapter 42.56 RCW, and that this Subcontract shall be a public record as defined in RCW 42.56. Any specific information that is claimed by either party to be ~ m confidential or proprietary must be clearly identified as such by that party. To the extent consistent = with chapter 42.56 RCW, each party shall attempt reasonably to maintain the confidentiality of all w such information marked confidential or proprietary. If a request is made to view such information, U the party receiving the public records request will notify the other party of the request and the date to that such records will be released to the requester unless the other party obtains a court order o enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party v N receiving the records request will release the requested information on the date specified. o N r 27. Publicity. The Subcontractor agrees to submit to AWC all advertising and publicity matters relating to this Subcontract which in the AWC's judgment,AWC or the Superintendent's name can be implied E or is specifically mentioned. The Subcontractor agrees not to publish or use such advertising and publicity matters without the prior written consent of AWC. Q Packet Pg. 69 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement 28. Registration with Department of Revenue. The Subcontractor shall complete registration with the Department of Revenue and be responsible for payment of all taxes due on payments made under this Subcontract. c a� E 29. Records Maintenance. The Subcontractor shall maintain all books,records,documents,data and other L evidence relating to this Subcontract and performance of the services described herein, including but not Q limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Subcontract.Subcontractor shall retain L such records for a period of six years following the date of final payment. At no additional cost, these N records, including materials generated under the Subcontract, shall be subject at all reasonable times to inspection, review or audit by the AWC or the Superintendent, personnel duly authorized by AWC or the c Superintendent, the Office of the State Auditor, and federal and state officials so authorized by law, r regulation or agreement. E If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. w c 30. Right of Inspection. The Subcontractor shall provide right of access to its facilities utilized under this Subcontract to AWC or any of its officers responsible for executing the terms of this Subcontract at all c reasonable times, in order to monitor and evaluate performance, compliance, and/or quality m assurance under this Subcontract on behalf of AWC. All inspections and evaluations shall be Q- x performed in such a manner that will not unduly interfere with the Subcontractor's business or work w hereunder. E E 31. Severability. The provisions of this Subcontract are intended to be severable. If any term or provision U) is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity w of the remainder of the Contract. W N 32. Subcontracting. Neither the Subcontractor nor any agent of the Subcontractor shall enter into N 0 N subcontracts for any of the work contemplated under this Subcontract without obtaining prior written " o approval of AWC. Subcontractor is responsible to ensure that all terms, conditions, assurances and c certifications set forth in this Subcontract are included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or reduce liability of the Subcontractor to the AWC ~ m for any breach in the performance of the Subcontractor's duties. This clause does not include = contracts of employment between the Subcontractor and personnel assigned to work under this w Subcontract. U L r If, at any time during the progress of the work, AWC determines in its sole judgment that any agent o of the Subcontractor is incompetent,AWC shall notify the Subcontractor,and the Subcontractor shall v N take immediate steps to terminate the agent's involvement in the work.The rejection or approval by o AWC of any agent or the termination of an agent shall not relieve the Subcontractor of any of its `m r responsibilities under the Subcontract, nor be the basis for additional charges to AWC. E 33. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Subcontractor or its staff shall be the sole responsibility of Q the Subcontractor. Packet Pg. 70 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement 34. Technology Security Requirements.The security requirements in this document reflect the applicable requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information Officer for the state of Washington, which by this reference are incorporated into this agreement. c a� E The Subcontractor acknowledges it is required to comply with WaTech Office of Chief Information L Officer (OCIO) IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Q Technology Assets. OCIO IT Security Standard 141.10, Securing Information Technology Assets, applies to all Superintendent assets stored as part of a service, application, data, system, portal, L module, components or plug-in product(s) that are secured as defined by the WaTech OCIO's IT N Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets. Y L As part of OCIO IT Security Standard 141.10, a design review checklist and/or other action may be required. These activities will be managed and coordinated between AWC and the Subcontractor. 0) Any related costs to performing these activities shall be at the expense of the Subcontractor.Any such M activities and resulting checklist and/or other products must be shared with AWC. •L w 35. Termination for Convenience. Except as otherwise provided in this Subcontract,the Superintendent or Superintendent's Designee may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Subcontract in whole or in part. The notice shall specify the date of c termination and shall be conclusively deemed to have been delivered to and received by the Subcontractor as of midnight the second day of mailing in the absence of proof of actual delivery to Q- x and receipt by the Subcontractor. If this Subcontract is so terminated, AWC shall be liable only for w L payment required under the terms of the Subcontract for services rendered or goods delivered prior E to the effective date of termination. E U) 36. Termination for Default. In the event AWC determines the Subcontractor has failed to comply with w the conditions of this Subcontract in a timely manner,AWC has the right to suspend or terminate this w U) Subcontract. AWC shall notify the Subcontractor in writing of the need to take corrective action. If N corrective action is not taken within thirty (30) days, the Subcontract may be terminated. AWC G N reserves the right to suspend all or part of the Subcontract, withhold further payments, or prohibit co the Subcontractor from incurring additional obligations of funds during investigation of the alleged c compliance breach and pending corrective action by the Subcontractor or a decision by AWC to terminate the Contract. In the event of termination,the Subcontractor shall be liable for damages as ~ m authorized by law including, but not limited to, any cost difference between the original Subcontract = and the replacement or cover Subcontract and all administrative costs directly related to the w replacement Subcontract, e.g., cost of the competitive bidding, mailing, advertising and staff time. U The termination shall be deemed to be a "Termination for Convenience" if it is determined that the `L° r Subcontractor: (1) was not in default; or(2)failure to perform was outside of his or her control,fault o or negligence. The rights and remedies of the AWC provided in this Subcontract are not exclusive and v N are in addition to any other rights and remedies provided by law. o N r 37. Termination Due to Funding Limitations or Contract Renegotiation, Suspension. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the E effective date of this Subcontract and prior to normal completion of this Subcontract,with the notice specified below and without liability for damages: Q a. At AWC's discretion, AWC may give written notice of intent to renegotiate the Subcontract under the revised funding conditions. Packet Pg. 71 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement b. At AWC's discretion,AWC may give written notice to Subcontractor to suspend performance when AWC determines there is reasonable likelihood that the funding insufficiency may be c resolved in a timeframe that would allow Subcontractor's performance to be resumed. E a� m L (1) During the period of suspension of performance, each party will inform the other of Q any conditions that may reasonably affect the potential for resumption of performance. L (2) When AWC determines that the funding insufficiency is resolved, it will give the Y Subcontractor written notice to resume performance, and Subcontractor shall L ° resume performance. c as (3) Upon the receipt of notice under b. (2), if Subcontractor is unable to resume E performance of this Subcontract or if the Subcontractor's proposed resumption date •2 is not acceptable to AWC and an acceptable date cannot be negotiated, AWC may w terminate the Subcontract by giving written notice to the Subcontractor.The parties agree that the Subcontract will be terminated retroactive to the date of the notice of suspension.AWC shall be liable only for payment in accordance with the terms of this c Subcontract for services rendered prior to the retroactive date of termination. a x C. AWC may immediately terminate this Subcontract by providing written notice to the w L Subcontractor. The termination shall be effective on the date specified in the termination E notice.AWC shall be liable only for payment in accordance with the terms of this Subcontract E for services rendered prior to the effective date of termination. No penalty shall accrue to U) AWC in the event the termination option in this section is exercised. w w d. For purposes of this section, "written notice" may include email. N 0 N 38. Termination Procedure. Upon termination of this Subcontract the AWC, in addition to other rights 0 provided in this Subcontract, may require the Subcontractor to deliver to AWC any property c specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. ~ m_ x The AWC shall pay to the Subcontractor the agreed upon price, if separately stated, for completed w work and services accepted by AWC and the amount agreed upon by the Subcontractor and AWC for U (a) completed work and services for which no separate price is stated, (b) partially completed work f° r and services, (c) other property or services which are accepted by AWC, and (d) the protection and o preservation of the property, unless the termination is for default, in which case AWC shall determine N the extent of the liability. Failure to agree with such determination shall be a dispute within the o meaning of the"Disputes"clause for this Subcontract. The AWC may withhold from any amounts due `M r to the Subcontractor such sum as AWC determines to be necessary to protect AWC against potential loss or liability. E The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to Q any other rights and remedies provided by law under this Subcontract. Packet Pg. 72 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement After receipt of a notice of termination, and except as otherwise directed by the Superintendent,the Subcontractor shall: c a. Stop work under this Subcontract on the date and to the extent specified, in the notice; E E a� m L b. Place no further orders or subcontracts for materials, services or facilities except as may be Q necessary for completion of such portion of the work under the Subcontract that is not L terminated; � c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, Y title, and interest of the Subcontractor under the orders and subcontracts in which case AWC L ° has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; E d. Settle all outstanding liabilities and all claims arising out of such termination of orders and •L subcontracts, with the approval or ratification of AWC to the extent the AWC may require, w which approval or ratification shall be final for all the purposes of this clause; a� e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed c by AWC, any property which, if the Subcontract had been completed, would have been required to be furnished to AWC; Q- x W L f. Complete performance of such part of the work not terminated by AWC; and E E g. Take such action as may be necessary, or as AWC may direct, for the protection and U) preservation of the property related to this Subcontract which, in is in the possession of the w Subcontractor and in which AWC has or may acquire an interest. W N N 39. Treatment of Assets. Except as otherwise provided for in the Subcontract,the ownership and title to G N all real property and all personal property exceeding a value of$5,000 purchased by the Subcontractor co in the course of performing this Subcontract with moneys paid by the Superintendent shall vest in the c Superintendent, except for supplies consumed in performing this Subcontract. The Subcontractor shall (1) maintain a current inventory of all the real and personal property; (2) label all the property ~ m "State of Washington, Superintendent of Public Instruction"; and, (3) surrender property and title to = the Superintendent without charge prior to settlement upon completion,termination or cancellation w of this Contract. U L r If any property is lost, destroyed, or damaged,the Subcontractor shall notify the Superintendent and o take all reasonable steps to protect the property from further damage. N N O All reference to the Subcontractor under this clause shall include Subcontractor's employees and `M r agents. E t 40. Waiver. A failure by either part to exercise its rights under this Subcontract shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights Q under this agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of Packet Pg. 73 8.F.a SEEK Funding Opportunity Subcontractor Funding Agreement this Subcontract unless stated to be such in writing and signed by personnel authorized to bind each of the parties. c (D E a� m L Q 'L^ V Y L O C a) E V �L C W V C A) �L d Q K W L E E U) Y W W N N O N Co O M H m 2 X W I U M L r C 0 U N N O N r C d E M V a+ a Packet Pg. 74 8.F.a Attachment A SEEK Application&Scope of Work a� E M d Insert detailed project description as included in the Funding Opportunity application&Attach SEEK Funding Application Q Camp Walkapala Day Camp and Wednesday Performances Kent Parks, Recreation and Community ServicesA€T" day camp program and summer concerts are annual summer traditions in Kent, providing youth and families with fun, educational, and enriching Y experiences in the areas of physical activity,team building, hands-on crafts, performing arts and more. ,o This year,the programs will come together to expand camp curriculum and provide access to performing arts for new young audiences. Camp WALKAPALA is a day camp experience that provides a E safe, engaging, and non-discriminatory environment for children to learn, play, be active, and meet new M friends. Eight themed weeks will focus on sports, arts and crafts, physical activity, community field trips, `c team building, and trust.WALKAPALA TOO is the inclusive track of the day camp program, offering an W environment for youth with and without physical or developmental disabilities to participate in a typical summer camp. Day Camp will focus on all-inclusive group games and activities where campers strive toward common goals and outcomes that help build self-esteem, confidence, and leadership. Day Camp ) serves the Kent School District and surrounding communities with a diverse population where many a speak a language other than English.The program is sited in a lower income area with a large population x W of children of color, English learners, homeless youth, and migratory children. We hire,train, and mentor high school students from the community as camp counselors so participants can identify with E and relate to leaders from similar demographics. Locating the program in a lower income community allows children who often have transportation barriers the opportunity to walk to camp.Traditionally, Y youth with disabilities have less access to recreation and camp programs because of staff ratio W requirements and expense.WALKAPALA TOO works in conjunction with the Day Camp program to blend cn kids in groups to enjoy camp activities together. Staff make small modifications in activities to ensure full c inclusion, allowing children with and without disabilities to learn from and grow with each other. Camp N WALKAPALA is a fee-based program with scholarships available to those requiring financial assistance. co Each year the city dedicates$55,000 to a scholarship fund for programs including Day Camp, and we M work with community advocates to identify children most in need. Previously, we have been able to offer scholarships for a limited number of camp weeks. SEEK grant funds will expand access to m_ scholarships, allowing families to apply for an unlimited number of weeks and ensuring that no child will = X have financial barriers to participating in camp. We also partner with the Kent School District to provide Wi a free lunch daily to all children in the program regardless of financial need. 100%of WALKAPALA TOO U participants rely on scholarships or Developmental Disabilities Administration (DDA) funds to cover camp registration costs. A€oeWednesday Picnic Perform ancesRIN are part of our annual Summer v Concert Series and are designed specifically for kids and their families.These concerts provide N opportunities for social connection, community engagement, and experiencing high quality performing N artists in accessible outdoor settings.The concerts are offered weekly at a centrally located park with an active playground area.The featured performers are professional childrenA€T"s artists who specialize in E engaging youth with high quality music, positive messages, and interactive opportunities. Kent5C"'s summer concerts are inclusive,free from discrimination, and attended by a broad range of Kent youth. r We have offered the concerts free of charge for more than three decades, eliminating financial barriers Q to participation.The concerts are sited in neighborhoods with low-income housing and apartment complexes. We work with a range of daycares and summer camps, many serving lower income families to promote the concerts and host groups from those locations. In 2022, we will welcome day campers Packet Pg. 75 8.F.a bussed in from our WALKAPALA program.These students would not otherwise be able to attend the concerts.Like many cities, Kent5CTIIS tax revenues have decreased during the COVID-19 pandemic.As a result, our capacity to offer recreational opportunities for youth is limited without additional grant c funding.The funds from this grant will supplement the existing Day Camp budget, allowing us to E increase staffing, attract and retain quality candidates, incorporate educational field trips and special L events, and augment program supplies,food, equipment, and promotional materials. Keeping summer Q concerts free relies heavily on sponsorships.The COVID pandemic has created dire financial circumstances for many small, local businesses and, as a result, sponsorship revenues are down. Grant L funds will offset concert production costs such as artistic and technical fees. Grant funds will also allow N us to transport day camp participants to the concerts, adding high quality performing arts experiences to the camp curriculum, and providing additional opportunities for social connection, both amongst c camp participants and with other youth from the community.Kent Parks, Recreation, and Community r Services has many community partners.This summer we will work with the Kent School District, Kent a) Arts Commission, and a variety of churches and daycare providers.These organizations assist with program promotion, participant recruitment, and program content. None of our partners will direct •2 supervising youth participants. Our summer youth programming is specifically designed for kids to w spend time outdoors. Camp WALKAPALA provides ten programming hours per day(7:30 a.m. to 5:30 c p.m.), Monday through Friday, for 8 weeks(June 23 to August 12.) Participants will spend an estimated average of 40 hours per week outdoors engaging in organized play,field trips, and concerts in the park. c ACceWednesday Picnic PerformancesA€0 provide six weekly concerts from July 6 to August 10, each one hour in duration (noon to 1 p.m.)Audience members regularly arrive at the park early and stay late to Q- x enjoy picnic lunches, play games on the open lawn, and utilize the nearby playground. W L W E E Playgrounds and Mobile Recreation and Nutritional Outreach in Kent Parks, Recreation and Community Services free Playground and Mobile Recreation and Nutritional w Outreach Program will provide engaging activities for youth across the community in the areas of sports (n and physical activity,team building, nutrition, and more. Playground Programs and Mobile Recreation N and Nutritional Outreach Program will create a full spectrum of activities to serve Kent youth by taking N recreation directly to their apartment complex or offering fixed playground sites at 3 designated park co Iocations.Youth participating in the Mobile Recreation and Nutritional Outreach Program will engage in M a variety of dynamic activities that encourage exercise, good nutrition,teamwork, and healthy lifestyles, as well as build leadership and cooperation. Each week the program will focus on specific themes to m keep youth engaged and learning.Through communication with partners and long-standing = X relationships with families in the communities we serve, we stay in touch with the physical, mental, and W i academic needs of participants to ensure diverse and inclusive programming. Because the program is U mobile, we serve youth where they live and play by making scheduled visits to low-income apartments, mobile home parks, city parks, and King County Housing Authority sites within Kent.Transportation and U cost are ongoing institutional and systemic barriers to providing access to programming. Because the N Mobile Recreation and Nutritional Outreach Program is free and mobile, it makes a direct impact on N alleviating these barriers now and into the future.Three Summer Playground sites offer free, drop-in recreational opportunities for kids in neighborhoods throughout the city. Playground sites will be m staffed, stocked with sports equipment, and scheduled with activities six hours a day, four days a week. Parents are encouraged to create playdates around Playground Program sites and hours, and to take r advantage of the free and nutritious daily lunch program provided by our partners at the Kent School Q District. Playground sites will host a King County Librarian each week to read to the kids,talk about the importance of education and mental health, give away books, and distribute take-home STEM activities. The Kent Parks HERO mobile outreach van will make a two hour stop weekly at each playground site, 17 Packet Pg. 76 8.F.a offering information about healthy foods and coordinating sports activities to get the kids moving.The Playground Program will also feature three a€ceFun Fridays,SCM jam-packed with Olympic-style games, water activities, snow cones, and more.All Playground Program sites are within walking distance from c low-income housing areas and activities are free to participants. Families appreciate how inclusive the E program is; everyone regardless of color, language, disability, and economic background is welcome. L More than 75%of participants come specifically for the free daily lunch and end up staying for other Q activities. Like many cities, KentA€"'s tax revenues have decreased during the COVID-19 pandemic. As a result, our capacity to offer recreational opportunities for youth is limited without additional grant L funding.The funds from this grant will supplement existing budgets for the Playground Program and the N Mobile Recreation and Nutritional Outreach Program, allowing us to increase staffing, attract and retain quality candidates, offer special events, and augment program supplies food equipment, and Y 0 ° promotional materials. Kent Parks, Recreation, and Community Services has many community partners. This summer we will work with the Kent School District, King County Housing Authority, Kent Youth and aa) Family Services, Mercy Housing Northwest, King County Library System,We Love Kent, Kent Food Bank, and a variety of churches, daycare providers, and non-profits.These organizations assist with program •2 promotion, participant recruitment, and program content. None of our partners will be directly w supervising youth participants.The Mobile Recreation and Nutrition Outreach program provides 6 hours of programming per day, Monday through Friday,for 8 weeks between June 22 and August 12. Participants will spend 8 to 16 hours engaged in outside play and exercise throughout the week.The c Playground Program takes place entirely outdoors for six hours a day,four days a week,for eight weeks beginning June 22 and ending August 12. Q- x W L E Lake Meridian Water Safety Program E The Lake Meridian water safety program will focus on identified underserved youth and families in the U) Kent community.The goal of this program will be to combine swim instruction,water safety and w introduction to water sport experiences to help kids develop often inaccessible but important life skills. (nn This six-week program will focus on 4 aspects that build onto one another.The week one through three N will focus on water safety learning and developing proper swimming techniques. Week four, participants N will take a First Aid/CPR/AED class that will introduce them to necessary life and safety skills. Youth will co be certified in First Aid/CPR/AED through American Red Cross.The last two weeks will focus on new M water experiences and fun activities with the class rotating between a paddle board course and a kayak lake tour. Neither of these water sport activities are typically available to these target populations.The m Lake programs will focus on water safety with multiple fun aspects. Lake swim classes will help promote = X a healthy and active lifestyle while learning a new skill together with their peers. Learning to swim can W i often be a stressful time, so having participants learning along with their peer group can alleviate that U stress and encourage participation while developing skills that are necessary for life-long safety. The youth CPR class will help them keep their minds active while also learning an important safety and life U skill.These essential skills are often not available to these age groups or identified populations. Our N more fun seeking programs of paddle boarding and kayaking will allow them to try potential new N hobbies and create fun memories while, most importantly, staying physically active in the process. Kent Parks and Recreation has a long history of serving our underserved populations by providing inclusive m programs. Our regional beach front park at Lake Meridian, has historically provided a free life jacket loaner program.This grant funding will allow our department to provide a swim and water safety r program to reach those populations who have not previously accessed these types of programs and Q available resources. Since our program will be located at Lake Meridian,we our placing ourselves where many of our underserved population spends much of the summer.This park lends itself to ease of access with on-site parking, bus access and is within walking distance from many low-income Packet Pg. 77 8.F.a neighborhoods and apartment complexes. Offering it where this population already is will help serve them easily and in large numbers. We will also implement a quick registration at the lifeguard station so they can learn about and sign up for the program on site. It has become clear that the Covid pandemic c has impacted this underserved community at a more significant level, and it is important that we as E public servants can provide programs that are fun and beneficial to the community. The water safety L program will allow us to promote social interaction and useful life skills through group swim lessons, Q First Aid/CPR training and water sports. Institutional and systemic barriers to participations have historically been transportation/location and cost. Our Lake Meridian beach program is located within walking distance of over 15 apartment complexes several of these being section 8 housing, helping to N eliminate the hurdle of transportation for many of these families. Providing this program at this location, reduces many of the barriers participants often experience with other swimming programs.This park is c a high traffic area for Kenta€T^°s underserved population.The large grass fields, beach with lifeguards r and its convenient location makes it easy for all to enjoy the park. All aspects of the program will be 0) provided free of charge,thus eliminated the cost barrier.Additionally, lifeguards on duty will be better able and prepared to help identify, encourage, and support those who can benefit from this program. •2 Every participant will be treated with an equal amount of kindness and respect while learning new water w and safety skills regardless of background. We have never had the capacity to offer waterfront activities and swim instruction.The funds from this grant will supplement our existing budget, allowing us to support increased staffing costs, offer free swim lessons and purchase supplies. Purchasing First Aid/CPR c equipment and other program supplies (paddleboards, kayaks etc.) will be necessary to teach the participants life skills and water safety.The grant will allow us to purchase this equipment so we can Q- x provide a more immersive and quality program. Swimming programs are often an expensive endeavor, w L but with this grant, we will be able to offer free swim lessons,which allows better access for E underserved communities. Kent Parks, Recreation, and Community Services has many community E partners.This summer we will work with the Kent School District, King County Housing Authority, Kent U) Youth and Family Services, Mercy Housing Northwest, King County Library System, Kent Food Bank, First w Five and Beyond and a variety of churches, daycare providers, and non-profits.These organizations W assist with program promotion, participant recruitment, and program content. None of our partners will N be directly supervising youth participants. Given the limited capacity of our target participants to pay G N program fees, we would like to offer this program free of charge.The program is 100%outside based. co Each participant will spend between 6-12 hours outside during our program cycle. We are proposing a c six-week program July 12th through August 18th.The program will be offered 5 days a week Monday- Friday with four sessions a day. Session one: Ages 9-12 10:OOam-11:OOam -session two: Ages 9-12 ~ m 11:15am-12:15pm a€"session three: Ages 13-18 1:15pm-2:15pm and session four: Ages 13-18 2:15pm- _ 3:15pm. w i U L r 0 U N N O N r C d E t V a+ a Packet Pg. 78 8.F.a Attachment B Budget&Project Costs Worksheet a� E a� m Budget(as presented in the SEEK application Project Costs Worksheet) Q Project: Camp Walkapala Day Camp and Wednesday Performances L Project Costs Summer 2022 Staff $68190 Y Equipment & supplies (i.e. sports equipment, $9100 ,o art supplies, or water and snacks) (must be directly related to program being offered) E Scholarships or subsidies $26620 L Transportation $6500 W Facilities $7200 Professional Services (please be specific on $20309 c type of service) L Fees (such as entrance fees for field trips) $7200 x **Meals $ w a� Other (please specify) $ E TOTAL $145119 Cl) w Project: Playgrounds and Mobile Recreation and Nutritional Outreach W Project Costs Summer 2022 0 Staff $44957 N co Equipment & supplies (i.e. sports equipment, $7185 �o art supplies, or water and snacks) (must be directly related to program being offered) m Scholarships or subsidies $ x w Transportation $ U Facilities $ f° c Professional Services (please be specific on $ U type of service) N N Fees (such as entrance fees for field trips) $ N r **Meals $ Other (please specify) $ TOTAL $52142 On Packet Pg. 79 8.F.a Protect: Lake Meridian Water Safety Program Project Costs Summer 2022 Staff $29000 E Equipment & supplies (i.e. sports equipment, $19628 L art supplies, or water and snacks) (must be Q directly related to program being offered) L Scholarships or subsidies $ c� Transportation $ -a Y Facilities $ `o Professional Services (please be specific on $1000 c type of service) E Fees (such as entrance fees for field trips) $ •L **Meals $ w Other (please specify) $ TOTAL $49628 •L x w L E E I� y/ Y W W Cn N N O N O O M H m X W I 0 R L O U N N O N r C d E t V R r-+ r Q Packet Pg. 80 8.F.a Attachment C Subcontractor Reporting Requirements c M E a� m L Q Reports must contain the following information: 'L^ V • Describe the K-12-aged (4 to 21) youth who participated through this program including N disaggregated data about student age range, gender, race/ethnicity, FRPL status, and other Y student information. L 0 • Describe the type of program funded and the geographic area served. r • Explain how the program targeted youth populations were recruited to participate. a) • Explain how these funds were used to create more access to underserved and/or economically M disadvantaged youth. c • What disproportionately impacted communities did the summer recreation program serve? w • Discuss program successes and challenges. 0 a� U c m L d Q K W L E E Y w w N N O N O O M H m 2 X W I U M L r 0 U N N O N r C d E t V a+ a Packet Pg. 81 8.F.a Attachment D Subcontractor Agent(s) c m E List any Subcontractor Agent(s)that will provide director supervision of youth in a program funded through SEEK. a Name of Agent Address Y L O E M V �L a W V �L x W L d E E M Cn Y LU LU N N O N CO Iq O M H m 2 x W r I c� to L O V N N O N C d E t V Q Packet Pg. 82 8.F.a Attachment E Proclamation 21-14 COVID-19 Vaccination Certification c a� E To reduce the spread of COVID-19, Washington state Governor Jay Inslee, pursuant to emergency L powers authorized in RCW 43.06.220, issued Proclamation 21-14—COVID-19 Vaccination Requirement Q (dated August 9, 2021), as amended by Proclamation 21-14.1 —COVID-19 Vaccination Requirement (dated August 20, 2021) and as amended by Proclamation 21-14.2—COVID-19 Vaccination Requirement L (dated September 27, 2021), and as may be amended thereafter.The Proclamation requires contractors N who have goods, services, or public works contracts with a Washington state agency to ensure that their personnel (including subcontractors and agents) who perform contract activities on-site comply with the c COVID-19 vaccination requirements, unless exempted as prescribed by the Proclamation.AWC is under r contract with OSPI and as such is required to meet these requirements and ensure that any aai subcontractors also comply. M .L By entering into this agreement,the Subcontractor agrees to comply as follows: w 1. Has reviewed and understands Subcontractor's obligations as set forth in Proclamation 21-14— COVID-19 Vaccination Requirement(dated August 9, 2021), as amended by Proclamation 21- 14.1—COVID-19 Vaccination Requirement (dated August 20, 2021), and as amended by a Proclamation 21-14.2—COVID-19 Vaccination Requirement(dated September 27, 2021); 2. Has developed a COVID-19 Vaccination Verification Plan for Subcontractor's personnel x (including agents) that complies with the above-referenced Proclamation; W L 3. Has obtained a copy or visually observed proof of full vaccination against COVID-19 for E E Subcontractor personnel (including agents) who are subject to the vaccination requirement in E the above-referenced Proclamation; U) 4. Complies with the requirements for granting disability and religious accommodations for Y w Subcontractor personnel (including agents) who are subject to the vaccination requirement in W the above-referenced Proclamation; N 5. Has operational procedures in place to ensure that any contract activities that occur in person N and on-site at OSPI premises (other than only for a short period of time during a given day and CO where any moments of close proximity to others on-site will be fleeting—e.g., a few minutes for c deliveries) that are performed by Subcontractor personnel (including agents) will be performed by personnel who are fully vaccinated or properly exempted as required by the above- ~ m referenced Proclamation; _ 6. Has operational procedures in place to enable Subcontractor personnel (including agents)who W perform contract activities on-site and at OSPI premises to provide compliance documentation U� that such personnel are in compliance with the above referenced Proclamation; 7. Will provide to OSPI or AWC, upon request, Subcontractor's COVID-19 Vaccination Verification o Plan and related records, except as prohibited by law, and will cooperate with any investigation N or inquiry pertaining to the same. c N r C a) E t V a+ a Packet Pg. 83 ACORN® 8.F.a AC� CERTIFICATE OF LIABILITY INSURANCE DATE/3/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). }, PRODUCER CONTACT C NAME: Jamie Arnold) W Seattle-Alliant Insurance Services, Inc. PHONE FAX 1420 Fifth Avenue, Suite 1500 A/C No Ext: 949-627-7000 A/c No), y Seattle WA 98101 ADDRESS: Jamie.Arnoldi@alliant.com a� INSURER(S)AFFORDING COVERAGE NAIC# Q INSURERA:Safety National Casualty Corpo 15105 INSURED KE583802 INSURER B: i City of Kent t9 220 Fourth Avenue South INSURERC: Kent WA 98032-5895 INSURER D: 'a INSURER E: Y L INSURER F: 0 COVERAGES CERTIFICATE NUMBER:473297993 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS v EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY LIMITS W A X COMMERCIAL GENERAL LIABILITY Y GL6676154 1/1/2022 1/1/2023 EACH OCCURRENCE $2,000,000 D CLAIMS-MADE OCCUR PRAMAGEEMISESTO EaRENTED occurrence $500,000 N MED EXP(Any one person) $ U PERSONAL&ADV INJURY $2,000,000 d L. GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 Q JECT POLICY❑ PRO- ❑ LOC PRODUCTS-COMP/OP AGG $4,000,000 W OTHER: SIR $500,000 L AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ E Ea accident ANY AUTO BODILY INJURY(Per person) $ E 7 OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ $ W W UMBRELLA LIAB OCCUR EACH OCCURRENCE $ (1) N EXCESS LIAB CLAIMS-MADE AGGREGATE $ NG DED RETENTION$ $ N A WORKERS COMPENSATION SP4066153 1/1/2022 1/1/2023 PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER 00 ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000' O OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Stop Gap GL6676154 1/1/2022 1/1/2023 Each Occurrence $2,000,000 m Aggregate $4,000,000 2 Deductible $500,000 W I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) V Work Comp has a$600,000 SIR Re:2022 SEEK(Summer Experiences and Enrichment for Kids)contract with Kent Parks and Recreation to provide Recreation/nutrition outreach, Day Camp r- Wednesday summer youth concerts and Lake Meridian water safety programs from June 22,2022 to August 18,2022.The Office of Superintendent and Pub U Instruction,and the Association of Washington Cities are included as an Additional Insured. , N N O N r C d CERTIFICATE HOLDER CANCELLATION E t L) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It Q Association of Washington Cities(AWC) ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Jacob Ewing 1076 Franklin Street SE AUTHORIZED REPRESENTATIVE Olympia WA 98501 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 84 8.G KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: Agreement with Site Workshop for East Hill North Community Park Master Plan - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with Site Workshop, LLC in the amount of $449,200, for the master plan and development design services for the East Hill North Community Park project, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In November 2021, the Parks Department issued a Request For Qualifications (RFQ) for the "Panther Lake Community Park" Master Plan and the first phase of development of the Huse property. The 33-acre site, acquired in 2010, is located on S.E. 2161h Street adjacent to the Soos Creek Trail. The project name has subsequently been altered to "East Hill North Community Park" Master Plan. A total of ten firms responded to the RFQ. City staff review of submitted qualifications resulting in the selection of Site Workshop LLC to perform the work. The proposed fee is $449,200.00 for a master plan through construction documents. BUDGET IMPACT: East Hill North Community Park capital budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: Packet Pg. 85 8.G 1. Consultant Services Agreement (PDF) 03/03/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 86 8.G.a KEN T W A S H I N G T O n CONSULTANT SERVICES AGREEMENT between the City of Kent and E Site Workshop, LLC a THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter _ the "City"), and Site Workshop, LLC organized under the laws of the State of Washington, located and doing a business at 3800 Woodland Park Ave. North, Suite 200, Seattle, WA 98103 (hereinafter the "Consultant"). N c� I. DESCRIPTION OF WORK. L The Consultant shall perform the following services for the City in accordance with the following a p 9 Y � 9 >, described plans and/or specifications: E E As described in the attahed Exhibit A, incorporated herein, consultant shall provide master L) planning and development design services for East Hill North Community Park, also known as the Huse property, at 13417/13427 SE 216th Street. o z 'x w The Consultant further represents that the services furnished under this Agreement will be performed o in accordance with generally accepted professional practices within the Puget Sound region in effect at the 4- 0- time those services are performed. 0 N Y II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in `o Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by 12/31/2023. III. COMPENSATION. LO M A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $449,200.00, 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 E 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 a charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) to for a period of one (1) year from the effective date of this Agreement. The Consultant's billing .2 rates shall be as delineated in Exhibit A. as r B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that v portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. E C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an Q alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Packet Pg. 87 8.G.a for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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: as E 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. Q c B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. a m 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 the Consultant's services, or the Consultant is engaged in an independently a 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 E documents with appropriate federal and state agencies, including the Internal Revenue v Service and the state Department of Revenue. 0 E. The Consultant has registered its business and established an account with the state Z Department of Revenue and other state agencies as may be required by the Consultant's business, and has obtained a Unified Business Identifier (UBI) number N from the State of Washington. w L 0 F. The Consultant maintains a set of books dedicated to the expenses and earnings of its 0- business. 0 N Y V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon 5 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 . ' Cn Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal S exposure to the Consultant. M VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, E or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent a to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing •2 state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to r the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose c performance is prevented or delayed shall promptly notify the other party of the existence and nature of 0 the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in E performance and, provided, that the party prevented or delayed has not caused such event to occur and = continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. c a Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 88 8.G.a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the E extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be Q borne by the Consultant. c VII. DISCRIMINATION. In the hiring of employees for the performance of work under this a Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the N 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 Y is qualified and available to perform the work to which the employment relates. The Consultant shall execute a 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. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, E officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or v 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 o negligence. Z x The City's inspection or acceptance of any of the Consultant's work when completed shall not be N grounds to avoid any of these covenants of indemnification. W 6- 0 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, a then, in the event of liability for damages arising out of bodily injury to persons or damages to property 0 caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, Y employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. in IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION LO PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL c� INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. E m In the event the 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 a having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and •2 reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. r c c� The provisions of this section shall survive the expiration or termination of this Agreement. c IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, v insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. m X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable E accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. Q XI. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 89 8.G.a become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the E Consultant. m L XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this 2 Agreement, the work must meet the approval of the City and shall be subject to the City's general right of a inspection to secure satisfactory completion. N c� XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary Y precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the a performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the 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. ' E E XIV. MISCELLANEOUS PROVISIONS. U t A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its c contractors and consultants to use recycled and recyclable products whenever practicable. A price Z 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 w covenants and agreements contained in this Agreement, or to exercise any option conferred by this o Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a covenants, agreements or options, and the same shall be and remain in full force and effect. 0 N Y 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 n and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in LO writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the M 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 m award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's E right to indemnification under Section VIII of this Agreement. Lai a 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 r 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 c of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, v the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. as E F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Q Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 90 8.G.a 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. as E H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal a laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's Q business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IL L I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to N the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the c City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, E Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the 0 Kent City Code. 0 z 'x w L 0 0- 0 N Y L 0 LO 0 M C d E d N L Q V V/ r 0 U r c m E t v a CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 91 8.G.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. as E IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior a, to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. a L d CONSULTANT: CITY OF KENT: L a By: By: Print Name: Print Name: Dana Ralph ' E E Its Its Mayor L) DATE: DATE: o z 'x NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: n w CONSULTANT: CITY OF KENT: o a Clayton Beaudoin Michael Espenan Site Workshop City of Kent L 3800 Woodland Park Ave. N. Ste 200 220 Fourth Avenue South G Seattle, WA 98103 Kent, WA 98032 a� in 206-778-7872 (telephone) (253) 856-5058 (telephone) claytonb@siteworkshop.net (email) mespenan@kentwa.gov (email) o M C APPROVED AS TO FORM: m as L Q Kent Law Department ATTEST: r c c� Kent City Clerk c P:\Planning\Panther Lake Park\Master Plan\Site Workshop-CONTRACT V r d E V yr a CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 92 8.G.a DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY c as The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. E As such all contractors, subcontractors and suppliers who perform work with relation to this CD, Agreement shall comply with the regulations of the City's equal employment opportunity policies. Q c a. 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 N 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 L directives outlines, it will be considered a breach of contract and it will be at the City's sole am- determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: E E 0 U 1. I have read the attached City of Kent administrative policy number 1.2. 0 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, Z 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 w all new employees and subcontractors indicating commitment as an equal opportunity 40- employer. 0 N Y 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and Lo promotion of women and minorities. a� in 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 o above. By signing below, I agree to fulfill the five requirements referenced above. E a� L Q By. V For: Cn r Title: Date: c U r c m E t 0 a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 93 8.G.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 as as L Q SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 a as CONTRACTORS APPROVED BY Jim White, Mayor POLICY: a 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 E amounting to $10,000 or more within any given year, must take the following affirmative steps: c0 1. Provide a written statement to all new employees and subcontractors indicating 0 commitment as an equal opportunity employer. — 'x 2. Actively consider for promotion and advancement available minorities and women. w L Any contractor, subcontractor, consultant or supplier who willfully disregards the City's a nondiscrimination and equal opportunity requirements shall be considered in breach of contract o and subject to suspension or termination for all or part of the Agreement. Y L 0 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. 0 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these o regulations are familiar with the regulations and the City's equal employment opportunity policy. E 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a a� Cn 0 U r c m E t v a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 94 8.G.a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT w c a� This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the 0 Agreement. W, a I, the undersigned, a duly represented agent of a a� r Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered L into on the (date), between the firm I represent and the City of Kent. E E 0 U I declare that I complied fully with all of the requirements and obligations as outlined in the City 0 of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Z Policy that was part of the before-mentioned Agreement. N w L 0 0- 0 By. 0 For: U) Title: 0 M Date: (D E a� a� L a U) r 0 CU r c m E t �a r w Q EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 95 EXHIBIT A 8.G.a East Hill North Community Park Master Plan and Phase 1 Development Landscape Architectural Services Proposal February 23,2022 Project Description The primary purpose of this scope of work is to provide the Kent Parks, Recreation and Community Services(Client) c with full design services for the East Hill North Community Park Master Plan& Phase 1 project.Site Workshop will E contract directly with the Client for these services. (D L This contract will create the Master Plan and improvements for the first phase of park development.While specific program elements are to be determined by an inclusive public outreach design process,as a "community park"the project is likely to include on-site parking,a restroom,trails, picnic areas and a signature inclusive, nature-based a The general intent for the development is to provide access and accentuation for the existing natural playground. g p p g N assets.The following scope also includes services required to be better understand the existing conditions including f° geotechnical investigations and natural area (wetland)delineations. L �a IL Project Area The project site is located in east Kent,WA and is bound to the north by SE 216th Street and the west by 132"d Ave c SE.The east edge abuts King County's Soos Creek Trail and the west edge contains significant public utility easement E and wetland.The south property is bound by private property with the potential for small public connection to the c Soos Creek Trail.The property was previously used as a "hobby farm"and includes a small orchard with several fruit C) trees.A single-family home and associated structures have been removed for several years, but a large arena-like structure remains to the east. 0 Z Project Team The project team will include the following sub-consultants: Herrera (Civil & Natural Resources), Five Dot (Architecture), PanGeo(Geotechnical), Lund Opsahl (structural engineering),TENW(traffic engineering),Cross w Engineers(electrical). Other consultants—like mechanical—to be engaged pending Phase 1 definition. ,o a Project Schedule z Master Plan Development/Phase 1 Definition (Approx. 6 months) 25 weeks i Project Initiation 5 weeks 0 Background Research, Data Gap Analysis, Etc. m Geotechnical Investigation U) Wetland Delineation (8 weeks) Internal Stakeholder Workshop(s) c Program Definition 8 weeks Additional Stakeholder Workshops Public Engagement Master Plan Design &Documentation 12 weeks m Design Team Workshop Concept Development/Options Q Public Engagement Design Refinement& Documentation Reporting (D U) Phase 1 Plan/Intent Public Meeting .r N Phase 1: Design, Bid, Build (all estimates include City review time as appropriate) 0 30%Design/Schematic Design &60% Design/Design Development 6 months V 60/90/100%Construction Documents 5 months Permitting(at 60%CD) 4 months Bidding and Contracting 2 months Construction 6-9 months +° Q SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206.285.3026 1 Packet Pg. 96 8.G.a East Hill North Community Park Master Plan and Phase 1 Development Landscape Architectural Services Proposal February 23,2022 Project Budget and MACC The total project budget for the construction of the approved Master Plan is undefined. Phase 1 project will carry a c a� Minimum Allowable Construction Cost(MACC)of approximately$3,500,000 and may vary with the scope for the E final design and continued grant applications and budget evaluation. (D L Assumptions and Qualifications • The Master Plan will be produced in one continuous effort through the completion of Phase 1 Definition. a Pauses or project holds may result in additional services. • Phase 1 final design,documentation, permitting and construction will proceed directly upon the completion of N the Master Plan and will be delivered via a traditional design-bid-build process. • Topographic survey will be provided by Client.Additional records and other knowledge of existing conditions— L especially of utilities—to also be provided by Client. It will be valuable to understand the underground a conditions left behind by the removal of the residential structures.Additional survey work will be required to document wetland findings.Surveyor to provide 3D surface and point file. 3 • The project is partially funded by RCO money but does not include any Federal funding and the associated E constraints, reporting,etc. E 0 • Public engagement will be managed by Client with support by Site Workshop as described below. V o (9) In-Person engagement activities including site tours, public meetings/workshops,etc. o Assist with graphic design and production of outreach materials. Printing and hard materials by others. 0 Z o Up to(5)online stakeholder workshops with groups like schools,churches, maintenance staff, -_ stewards/neighbors,etc. _ o Support for creation and maintenance of online input tools such as those provided by the Client's "Bang the Table"service. w • Geotechnical investigation,design and reporting for building foundations and infiltration testing are included. • The site does not include any toxic or otherwise contaminated materials including soil. 0 • Wetland delineation 5+3 week schedule assumes a maximum of two wetlands and one stream to be mapped w and rated. Y `0 • Design will not have direct impacts to the wetlands and will remain local permits only. • Improvements to the ROW will be required.This scope includes coordination and planning efforts for Master 4 Planning purposes only. Once the extent of improvements is defined the contract will be amended to include U) the appropriate design and documentation effort. Lo • It is assumed that the project will not include public utility extensions(water/sewer)thus will be required to c M design without adding that infrastructure. • The existing private well will be evaluated for potential to be used for site irrigation. • Site structures including restroom, picnic shelters and the existing structure will be evaluated during the Master E Planning phase for site specific implementation.The Client prefers pre-fabricated structures as such, L architectural services beyond the Master Plan will be considered via additional services if necessary. Q • Research,design,and application in support of SITES certification is included.This will require significant coordination and shared effort with Owner. • Master Plan final report will include a simple executive summary and collection of previously created materials. Minimal new content will be required for the final report. Cn • All deliverables will be electronic. Printing of deliverables will be provided as requested and expensed separately from this fee. • Drawings will be produced in AutoCAD .dwg format. c 0 t� Exclusions c • Presentations at public hearings(City Council)or formal review committees(PRAC) not listed here or as an additional service. s • A full tree evaluation and arborist report is excluded. Informal tree evaluations will be made by the Owner and design team. Q SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206.285.3026 2 Packet Pg. 97 8.G.a East Hill North Community Park Master Plan and Phase 1 Development Landscape Architectural Services Proposal February 23,2022 • Physical presentation models and professional illustrations are excluded except as additional service. (study models may be produced as part of this scope.) • Cultural Resources and Archeology consultation are excluded. E • Off-site improvements including utility and transportation upgrades not on the site, including ROW street L frontage are excluded except for planning purposes as described above. Q • Architectural and structural design services beyond the Master Plan are excluded in deference to pre-fabricated structures and the improved definition for potential re-use of the existing roof structure. a • Transition of overhead distribution or transmission utilities to underground,along property line. `m • Design, documentation or permitting related to Federalized funding and associated parameters are excluded. • Research,design,and application in support of any"green certification" not listed above is excluded. • All work associated with hazardous waste or contaminated soil is excluded. L • Plan processing or cost of permits and fees. a Scope of Work—Basic Services E Master Plan &Phase 1 Definition E 0 The initial scope will be limited to development of the Master Plan and defining the scope for Phase 1 V z improvements which will create the basis for a scope update and associated contract amendment to continue work. c Six distinct tasks are described below to create flexibility; however the actual work is effectively three parts: Z information gathering, program definition,and design. Each part includes various engagement activities intended to = facilitate broad project support from the community, neighbors and city staff. _ w c� Tasks of Work/Deliverables: w • 1—Wetland Delineation o Delineation of the environmentally critical areas within the project area. Delineation to determine the o extents and rating of the riparian corridor and wetlands(and any other critical areas.)The delineation (n is expected to include all areas within the 275 feet of the proposed for park improvements as required `o by the COK code. o Survey of the delineation boundary by others(client). o Deliverables: "Delineation and buffers documented via surveyor and incorporated into survey U) drawings. Narrative(memo)to include wetland rating,wetland and stream buffer widths,allowable Lo impacts to buffers,and opportunities for buffer averaging. Detailed mitigation report to occur at 60% M CD with full wetland rating forms,etc." • 2—GeotechnicalConsultation d o Initial desktop site assessment to identify any red flags or obvious opportunities based on existing E information. L o Site reconnaissance including small scale,shallow hand explorations to verify mapped conditions. Q o As an additional service, provide targeted investigation engineering support to determine soil suitability for stormwater infiltration and structural bearing capacity once facility locations have been determined. o Deliverables: Desktop memo and initial site impressions for Master Plan. Cn • 4—Traffic and Parking Support o Background information review and associated context memo for planning purposes. o Provide consultation during master planning effort for parking lot size,driveway locations,etc. o Deliverables: Parking Demand Profile report(traffic report to be evaluated later). o V • 5-Project Initiation o Contracting and Project Set-up o Review of existing conditions(including an updated survey and a single site visit),documents,data gap E s analysis, reports. o Site analysis and associated documentation, including initial informal tree assessment. Q o Analysis of existing shed structure. SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206.285.3026 3 Packet Pg. 98 8.G.a East Hill North Community Park Master Plan and Phase 1 Development Landscape Architectural Services Proposal February 23,2022 o Kickoff workshop with staff. o Public Engagement Phase 1—Kick-off:Share information and gather general feedback from the public c via online surveyand pop-up events at the ark.COK led with graphic support from design team. E Pp- p P g P pp g E Assume(1) pop-up event at the park. 0 L o Client meetings Q o Design team meetings, primarily virtual. o Project management a o Deliverables:Wetland delineation and constraint assessment,data gap analysis/summary memo, shed structure analysis and recommendations,site analysis workshop graphics,and combined base Y Y pg p N files.All deliverables will be in electronic format only. f° • 6—Program Development �c L o Public Engagement Phase 2a—Idea Workshops: "Road Show'workshops designed to generate ideas IL and inspiration for what features the site might include.Could include classroom exercises,stand- alone activities and guided small group workshops. Prefer in-person, includes pop-up events at the c park.Assume(4)workshops/events. E o Stakeholder Workshop(s):targeted interactions with specialty stakeholders as necessary(school, E community organizations, maintenance staff,etc) C) o Client meetings o Design team meetings Z o Project management —_ o Deliverables:Workshop graphic materials, meeting notes and summary,etc. _ • 7—Master Planning/Design: w c� o Site Planning:develop multiple options to test preferences and priorities, including precedent imagery W and graphics to support ideas. Includes building program,access and parking layout,etc. ,o o Public Engagement Phase 2b—Preference&Priorities: Revisit previous workshop participants and new c contributors to evaluate design alternatives.Assume(2)workshops. w o Synthesize options to a single plan o Public Engagement Phase 3—Final Comments:Share Draft Master Plan and initial Phase 1 Improvement plan for final comment and confirmation of direction.This stage generally results in small adjustments and ideas for future consideration during design &construction.Assume (2) y meetings, consider"party in the park." c o Final Master Plan 'n 0 ■ Site plan(s),sections,elevations,sketches to convey general program elements, layout,etc. ■ Final building program,siting,etc. ■ Civil Site Design strategy/diagrams a) E ■ Power and Telecommunications utility distribution/Lighting strategy/diagrams ■ Playground concept and scale ■ Phasing plan with Phase 1 Park Improvements identified Q o Client meetings m o Design team meetings o Project management m o Estimate of probable costs for full Master Plan and Phase 1 Park Improvements. o Deliverables: Design drawings and narrative, presentation materials as outlined above,estimate of probable costs,geotechnical design memo,and phasing plan, including final illustrative master plan. w Concise final report document for Council approval.All deliverables will be provided in electronic c format only. V c 30%Design/Schematic Design E E The purpose of Schematic Design is to fix and describe the size and character of the Phase 1 improvements.Scope of work to include: A single Schematic Design document package including Plans,Sections and Project Narrative. Q SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206.285.3026 4 Packet Pg. 99 8.G.a East Hill North Community Park Master Plan and Phase 1 Development Landscape Architectural Services Proposal February 23,2022 Tasks of Work/Deliverables: • Drawings. Drawings to be provided to Owner as CAD files and/or PDF format. c o Site plan(s),sections,elevations,sketches to convey general program elements, layout, initial grading, E materials,etc. (D L o Interpretive signage/story studies Q o Restroom/corral structure architectural concept studies/plans o Civil Site Design and Stormwater strategy, including ROW as defined in the Master Planning Phase (and a as Additional Service.) o Power distribution/Lighting strategy N o Parking and access evaluation f° • Bi-weekly client meetings L • Project narrative, including preliminary specification for pre-fabricated restroom IL • Graphic material for(1)on-site "pop-up" meeting with the public _ • Pre-application submittal and meeting with City of Kent to define permitting process and requirements. • Estimate of probable costs E E 0 60%Design/Design Development V Preparation of(2)document packages(50%and 100%, or draft/final) including drawings,design narrative, cost z estimates,etc. in sufficient detail to describe all aspects of the proposed development.Civil will only provide(1) z 100% DID package. Tasks of Work/Deliverables: • Respond to Parks Design Development comments. Revise drawings and specifications as required based on W comments received. • Drawings. Drawings to be provided to Owner as CAD files and/or PDF format. 0 o Demolition and erosion control plans w o Utility plans including storm,sewer,water and power c o Site plans including definition of paving,trails,structures, playground,site furnishings, parking, lighting, etc. m o Grading plans,sections and elevations o Irrigation criteria and system design narratives c o Preliminary planting plans M o Prefab structure(restroom/picnic shelter) plans and initial specifications • Bi-weekly client meetings • State,County and local permit applications and supporting studies as related to ECA areas as identified in the E sub-consultant agreements. L • Stakeholder meetings, including(2) meetings and (1) presentation to the Park Board (prime consultant only) Q • Outline Specifications in CSI format. Division 0 and Division 1 specifications will be provided by the City. • Estimate of probable costs m 100% Design/Construction Documentation Cn Preparation of(2)document packages(50%, 100%/Bid) including drawings and specifications, in sufficient detail to construct all aspects of the proposed development. Drawings to be submitted at milestone dates for Owner review. (1) Illustrative Plan for Phase 1 Improvements. 0 t� Tasks of Work/Deliverables: c m • Respond to Parks Design Development comments. Revise drawings and specifications as required based on s comments received. • Provide responses and revise drawings and specifications as required with each subsequent deliverable. Q • Drawings. Drawings to be provided to Owner as CAD files and/or PDF format. SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206.285.3026 5 Packet Pg. 100 8.G.a East Hill North Community Park Master Plan and Phase 1 Development Landscape Architectural Services Proposal February 23,2022 o Demolition Plan o Erosion control plans and details c o Tree Protection Plan and details(At direction of the Owner,Site Workshop will work with project E arborist for development as necessary) (D o Drainage and Utility plans including storm and power(water/sewer excluded) Q o Material and layout plans for paving&striping,stairs,walls, ramps,fencing,site furnishings and site features o Grading plans,sections and elevations o Construction details N o Irrigation plans and details f° o Planting plans and details L o Buffer mitigation/restoration plans,details and calculations. IL o Site Lighting Plan o Environmental graphics/signage package—Fabrication Intent(if needed,we may not require both c DD/CD milestones for the signage package.) E E • Bi-weekly client meetings as needed E • Permit documents for site development and building permitting with City of Kent t� • Technical Specifications in CSI format(Divisions 2—33) • Coordination with City of Kent Parks Department on Front End (Division 0&1)Specifications 0 Z Estimate of probable costs =_ x w c� SITES Certification W 2 As part of the Master Planning effort the design team will work with COK to explore SITES certification for the ,o project.The intent will be to establish sustainability and resilience principals to guide design and management of the 0- 0 park with SITES as the evaluation framework.The project team will perform early design activities within the context (n of SITES certification and associated prerequisites and credits. Prior to committing to certification or pre- certification the team will evaluate the feasibility and additional cost in design and construction associated with any 0 such certification.The specific activities anticipated are as follows: 4) - Establish integrated design team and include team throughout the design process. to - Establish goals/objectives for design and process—confirm client is on-board and understands the c requirements c - Conduct"sustainability"workshop with the project team. Each design team member and Owner to research their assigned credits and be prepared to discuss. - Draft early credit objectives—how will we achieve certification and where are the challenges? E E - Begin analyzing,calculating and documenting prerequisites and credits m - Any fees will be paid by the Owner Q - No formal documentation will be produced at this stage. w m Tasks of Work/Deliverables: • Planning and management to understand,educate and deliver certification. • Preliminary design and coordination to creatively address all 18 prerequisites and 49 credits to achieve the target certification level. • Sustainability workshop and completed draft scoresheet • Estimate costs associated with achieving desired certification level including design,documentation and 0 construction. V c m Fee Summary E Site Workshop will contract directly with Client for the following proposed services: Phase Basis Fee Q SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206.285.3026 6 Packet Pg. 101 8.G.a East Hill North Community Park Master Plan and Phase 1 Development Landscape Architectural Services Proposal February 23,2022 Basic Services Task 1: Master Plan and Phase 1 Definition Not To Exceed $144,200 c a� Task 2:30%Design/Schematic Design Not To Exceed $60,500 E Task 3:60%Design/Design Development Not To Exceed $94,400 a) Task 4: 100%Design/Construction Documentation Not To Exceed $128,400 Q Task 5: Bidding&Contracting Not To Exceed TBD Task 6:Construction Administration Not To Exceed TBD Task 7:Sustainable Sites(Master Plan only) Not To Exceed $14,800 a m rn Subtotal $442,300 f° Reimbursable Expenses Not-to-Exceed $6,900 �c L a Total $449,200 >, r E Additional Services E The following additional services are estimates only and depend on the final scope to be contracted: Lj t Task Basis Fee 0 Complete Geotechnical Investigation Estimate TBD Z Architectural Design beyond Master Planning Estimate TBD 2 SITES documentation for certification Estimate TBD N Professional Illustrations Estimate TBD w Total TBD `0 0- 0 HOURLY RATE SCHEDULE L Personnel Hourly Rate 0 Principal $170 Project Manager/Landscape Architect $140 Designer/Support $100 c Horticultural Support $150 c Technical/Admin $90 c m E m a� L Q V V/ r 0 U r c m E t v 0 a SiteWorkshop 3800 Woodland Park Ave#200,Seattle WA 98103 206.285.3026 7 Packet Pg. 102 8.G.a East Hill North Community Park Sub-Consultant Scope of Work February 23, 2022 c 1. Consultant team includes landscape architect(prime,)civil engineer,wetland biology/natural resources,traffic E engineering,geotechnical engineering,architecture,structural engineering and electrical engineering. a) aD 2. Site Workshop will prepare all bases in AutoCAD .dwg format for use by the consultant team. 3. All consultant scopes are based on the project scope and dated February 8, 2022(draft). Q 4. The primary purpose of this scope of work is to provide the Kent Parks, Recreation and Community Services (Client)with full design services for the East Hill North Community Park Master Plan & Phase 1 Development a project.Site Workshop will contract directly with the Client for these services. N This contract will create the Master Plan for the park and improvements for the first phase of development. While specific program elements are to be determined by an inclusive design process,as a "community park" a the project is likely to include on-site parking, a restroom building and a signature inclusive playground.The following scope also includes services required to be better understand the existing conditions including geotechnical investigations and wetland delineation. E 5. Refer to the prime consultant proposal for full project description. E 0 c� z Natural Resources&Wetland Delineation (Herrera) 0 1. Provide ECA/Wetland delineation memo. Z a. Wetland rating,wetland and stream buffer widths, allowable impacts to buffers,and opportunities for buffer averaging w b. Review of existing conditions and available information. w 2. Work with SiteWorkshop and City of Kent to identify site constraints,develop a natural resource and permitting `p strategy,and evaluate potential mitigation concepts. Q. 3. Participation in Integrated Design Team activities as part of SITES certification process. 0 4. Design and Documentation Y a. Review/advise on site design strategies including wetland mitigation measures, permit requirements, `0 habitat and mitigation requirements,and stormwater management. b. Critical Areas Report for City of Kent approval. c. Permit Documentation, including: i. State Environmental Policy Act(SEPA) Environmental Checklist. Ln ii. COK and King County ECA permitting c iii. Habitat Mitigation Plan. Design by Site Workshop d. Permit Coordination, including: i. Attend one pre-application meeting with City of Kent. m ii. Attend one pre-application site visit with the Washington Department of Fish &Wildlife (WDFW). Q iii. Preparation and submittal of permit applications to regulatory agencies, including: m 1. City of Kent(King County?)for Critical Areas Review. e. Provide support to the design team to incorporate environmental permit commitments appropriately m into final design documents. f. Provide limited additional coordination with environmental permitting agencies to address changes to the design since permit submittal that may require agency approval. 5. Meetings c a. Design team meetings(SITES only) 0j b. Meetings with COK(Assume 1 in Kent) 6. Deliverables m a. Review of existing conditions and available information. s b. Critical areas report.Wetland boundary to be surveyed and incorporated into electronic survey filed by others(Client). Q c. Habitat Mitigation Report(planting design by Site Workshop) Packet Pg. 103 8.G.a d. Submittal of complete permit application package to City of Kent for Critical Areas Review. Geotechnical Engineering(PanGeo) 1. Document Research and Review E a. Review available project reports, historical documents,water well logs,subsurface geologic a) (D information,and published maps to develop an understanding of the anticipated soil,groundwater, a) and geologic hazards at the site. Q 2. Site Reconnaissance a. Perform a site reconnaissance to observe the surface conditions of the site and the surrounding areas. a We will perform small scale shallow explorations via hand auger to verify mapped conditions. N 3. Preliminary Geotechnical Reconnaissance Memo a. Summarize the results of the Document Research and Review and Site Reconnaissance tasks in a brief memo. We will summarize the anticipated stormwater infiltration feasibility and any overall a constructability concerns for the anticipated grading,vehicle and pedestrian paving,and light single story park structures founded on shallow spread footings. 4. Master planning support E a. Be available for discussions with the design team as questions arise and review and comment on E documents as requested.We will provide 1 to 3 paragraphs of text describing the general geotechnical 0 conditions for the final master plan document. z b. Participation in Integrated Design Team activities as part of SITES certification process. p 5. Prepare workplan for Task 2 (Geotechnical Exploration and Reporting for Phase 1 Park Improvements). Z a. Review the scope of planned park improvements with the civil engineer and finalize the exploration plan and the scope of the Task 2 geotechnical engineering report. w c� w Civil Engineering(Herrera) `p 1. For Right-of-Way engineering related to off-site improvements required by the City, provide background Q. information and design support through Master Planning only. Further documentation to be contract via t additional service up establishment of preferred design direction. i 2. Feasibility review of existing water well for use as site irrigation supply as part of project initiation (early G studies).Additional design and documentation beyond the Master Plan to be contracted as additional services. m 3. Landscape architect will lead grading with civil review/coordination with stormwater/utilities 4. Civil will document vehicular paving and curbs(plan/section)and Landscape architect will document pedestrian paving(plan/section) c 5. Civil will assist in evaluating restroom options which do not require water or sewer services. 6. Participation in Integrated Design Team activities as part of SITES certification process. 7. Landscape architect will submit permits with support from civil including drawings, narrative,forms,and other materials required by process. m 8. Civil will prepare stormwater management report, provide cut/fill quantities, hard surface summary via electronic submittals. Q 9. Design and Documentation a) a. ROW improvements(documentation as additional service per above) b. Water well feasibility review. c. Review/advise on site design strategies including permit requirements,and wet utilities(sewer,water, gas,stormwater.) c�a d. Stormwater management plan (sewer,water and gas excluded). N e. Erosion control plans including input into demolition plans provided by Site Workshop c f. Vehicular paving plans including striping and channelization C) g. Estimate of probable costs for relevant scope of work h. All reports and documentation required to support permits required by the City of Kent,etc. (traffic, geotechnical,environmental and structural excluded.) i. Credit documentation for SITES certification of civil related credits. 10. Meetings Q Packet Pg. 104 8.G.a a. Design team meetings(Assume 2 in Seattle,others virtual) b. Client meetings(Assume 3-4 in Kent including public engagement) c. Meetings with COK(Assume 1 in Kent and phone/video calls) 11. Deliverables E a. Review of existing conditions and available information including evaluation of previous development a) aD and feasible of the existing water well for irrigation. b. Plans for all milestones outlined in Prime scope. Q c. Response to Parks comments from each phase d. Technical specifications in CSI format a e. Estimate of probable costs for relevant scope of work f. Reports during CA task of work g. Participation in early SITES workshop and research. h. Record drawings.Survey of drainage components will be required,surveyor to provide point file to us a for our use in record drawings;contractor/inspector to keep detailed redlines. .E Architecture (five Dot) E 1. Master Plan Support E a. As-builts and report evaluating the condition and viability of re-use for the existing shed structure. 0 Coordinate with Structural. z b. High level review of COK existing restroom and picnic shelters,which are likely to be prefabricated c structures. Investigate viability for custom structures. Z c. Participation in Integrated Design Team activities as part of SITES certification process. d. Advise on design strategies as related to potential structures including picnic shelters, restroom, w rentable space, and re-use of existing structure. Provide inspirational imagery to support public w engagement and communication of design ideas. L- e. Assume(3) Design Team/Stakeholder meetings Q. f. Design and documentation beyond Master Planning will be contracted via additional services as t needed. Y L g. Input into cost estimate 0 2. Deliverables m a. Evaluation report for existing shed structure including measured drawings in CAD. b. Preliminary building program for potential restroom or"pavilion"type structure. c. Design sketches or other imagery associated with potential structures including picnic shelters, Ln restroom, rentable space or reuse of existing structure. c d. Participation in early SITES workshop and research. �. e. Architectural Design Narrative E f. Input into cost estimate 0 m L 0) Structural Engineering(Lund Opsahl) Q 1. Master Plan Support m a. Analysis and feasibility review for re-use of existing structure located on the project site. 0 b. Coordinate with design team and City to imagine possible scenarios and implications for design. m c. Participation in Integrated Design Team activities as part of SITES certification process. d. Assume(3) Design Team/Stakeholder meetings e. Assume(1)site visit f. Design and documentation beyond Master Planning will be contracted via additional services as c needed. C� g. Input into cost estimate 2. Deliverables a. Analysis review and summary report of existing structure s b. Design sketches or other imagery associated with potential re-use ideas generated by the design team. c. Participation in early SITES workshop and research. Q d. Structural Design Narrative Packet Pg. 105 8.G.a e. Input into cost estimate Electrical Engineering(Cross Engineers) 1. Scope includes design and coordination with Architect for site structures including Restroom,Shelter and E potential incorporation of existing structure. Basic services for buildings to be provided for Master Plan only, a) (D further design to be contracted via additional services. a) 2. Design and Documentation Q a. Power/electrical improvements, including building feasibility study for Master Plan, power distribution, communications,site lighting,and irrigation. a b. Review/advise on site design strategies as relate to power distribution,communications,and lighting N c. Participation in Integrated Design Team activities as part of SITES certification process. d. Documentation for all submittals noted above. e. Estimate of probable costs for relevant scope of work a f. All reports and documentation required to support permits required by the City of Kent,etc. g. Credit documentation for SITES certification of civil related credits. 3. Meetings E a. Design team meetings(Assume 2-4 in Seattle and phone/video calls) E b. Client meetings(Assume 2-4 in Kent) O V c. Meetings with COK(Assume 1 in Kent and phone/video calls) z 4. Deliverables c a. Review of existing conditions and available information including cultural resource reports. Z b. Plans for all milestones outlined in Prime scope. c. Response to Parks comments from each phase w d. Technical specifications in CSI format w e. Estimate of probable costs for relevant scope of work `o f. Reports during CA task of work Q. g. Participation in early SITES workshop and research. t h. Record drawings Y L O Traffic Engineering/Parking(TENW) 1. Project Initiation-Background Data Review a. Review previous traffic studies, bike/ped master plans,transit information, publicly available transportation information,and other reports or data provided by the City Ln b. Identify relevant significant traffic hazards as related to potential driveway locations. c 2. Preliminary Parking Demand Profile a. Evaluate parking demand for various program development. b. Provide commentary on the implications for the master planning process 3. Master Plan Support a. Review and comment on the master plan options from a traffic and parking point of view Q b. Finalize workplan for traffic study(if needed)for the phase 1 park improvements m c. Participation in Integrated Design Team activities as part of SITES certification process. 0 m c .r N C O C) C O E t V O Q Packet Pg. 106 8.G.a Site Workshop East Hill North Community Park City Of Kent Y SUMMARY OF A&E COMPENSATION-Tasks d Basic Services C Civil Nat'l Resource Structural Geotech Architecture Traffic Electrical Expenses Sub-consultants Site TOTAL FEE Rounded Phase E Herrera Herrera Lund Opsahl PanGeo FiveDot TENW Cross 10%markup Sub-Total Workshop ######## Master Plan&Phase 1 Definition $ 33,426 $ 25,159 $ 6,000 $ 5,566 $ 7,800 $ 6,880 $ 3,450 $ 8,828 $ 97,109 $ 47,120 $ 144,229 $ 144,200.00 O ######## 30%Design/Schematic Design $ 22,866 $ 2,835 $ 2,570 $ 28,271 $ 32,205 $ 60,476 $ 60,500.00 V ######## 60%Design/Design Development $ 21,316 $ 22,401 $ 3,150 $ 4,687 $ 51,554 $ 42,845 $ 94,399 $ 94,400.00 ######## 100%Design/Construction Docs $ 37,907 $ 4,900 $ 4,281 $ 47,088 $ 81,270 $ 128,358 $ 128,400.00 Z ######## Bidding and Contracting $ - $ - $ - $ ######## Construction Administration $ - $ - $ - $ - ######## SITES/Sustainability Certification $ 2,200 $ 1,440 $ 500 $ 1,500 $ 1,000 $ 664 $ 7,304 $ 7,500 $ 14,804 $ 14,800.00 N Total Without Expenses $ 117,715 $ 49,000 $ 6,500 $ 5,566 $ 9,300 $ 6,880 $ 15,335 $ 21,030 $ 231,326 $ 210,940 $ 442,266 $ 442,300.00 W Expenses $ 515 $ 1,068 $ 120 $ 170 $ 1,873 $ 5,000 $ 6,873 $ 6,900.00 L sub-total no markups $ 118,230 $ 50,068 $ 6,500 $ 5,566 $ 9,300 $ 7,000 $ 15,335 $ 23,320 0with individual markups $ 130,053 $ 55,075 $ 7,150 $ 6,123 $ 10,230 $ 7,700 $ 16,869 $ 233,199 $ 215,940 $ 449,139 $ 449,200.00 O t to Y L O I� V! 0 L0 Q M C N d d L a N N rJ d U) C R 7 N C O U c m E t v tv r r Q REV1-2/23/2022 Packet Pg. 107 8.G.a EXHIBIT B INSURANCE REQUIREMENTS FOR .� CONSULTANT SERVICES AGREEMENTS E Insurance Q c The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which a may arise from or in connection with the performance of the work hereunder N by the Consultant, their agents, representatives, employees or subcontractors. L A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: E E 1. Automobile Liability insurance covering all owned, non- ci owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a z0 substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide x contractual liability coverage. w 2. Commercial General Liability insurance shall be written on `0 ISO occurrence form CG 00 01 and shall cover liability a arising from premises, operations, independent contractors, products-completed operations, personal injury and L advertising injury, and liability assumed under an insured 0 contract. The Commercial General Liability insurance shall be 0 endorsed to provide the Aggregate Per Project Endorsement Cn ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability LO insurance policy with respect to the work performed for the CD City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. E L 3. Workers' Compensation coverage as required by the a Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. Cn B. Minimum Amounts of Insurance c Consultant shall maintain the following insurance limits: c 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. a Packet Pg. 108 8.G.a EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 E general aggregate. ;v Q 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. a L d C. Other Insurance Provisions N The insurance policies are to contain, or be endorsed to contain, the following L provisions for Automobile Liability and Commercial General Liability a insurance: 1. The Consultant's insurance coverage shall be primary insurance as E respect the City. Any Insurance, self-insurance, or insurance pool E coverage maintained by the City shall be excess of the Consultant's ci insurance and shall not contribute with it. 0 2. The Consultant's insurance shall be endorsed to state that coverage shall Z 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. w L 0 3. The City of Kent shall be named as an additional insured on all policies a (except Professional Liability) as respects work performed by or on behalf y of the Consultant and a copy of the endorsement naming the City as L additional insured shall be attached to the Certificate of Insurance. The 0 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 LO respects to the limits of the insurer's liability. CD D. Acceptability of Insurers a� Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. a as E. Verification of Coverage Cn Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. ° U r c m E t v a Packet Pg. 109 8.G.a EXHIBIT B (Continued ) F. Subcontractors , c as 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 Q requirements as stated herein for the Consultant. o a L d C� C L a r E E O U t O Z 2 N W L O 0- 0 N Y L O Cn LO 0 M C d E d N L Q V Cn r O U r c m E t v a Packet Pg. 110 8.H KENT 0, 1 cN DATE: March 15, 2022 TO: Kent City Council SUBJECT: Agreement with MacLeod Reckord for Green River Trail Preliminary Design at Milwaukee II Levee Project - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with MacLeod Reckord, PLLC in the amount of $143,460, for preliminary design services related to the alignment of the Green River Trail with the Milwaukee II Levee project, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This agreement is for the preliminary design of the Green River Trail segment between Foster Park and South 259t" Street, commonly known as the Milwaukee II Levee stretch of the Green River. The trail connection will run beneath the existing Union Pacific Railroad (UPRR) trestle, and construction is expected to be concurrent with improvements to the Milwaukee II levee at that same stretch, requiring close coordination with UPRR and the Kent Public Works Department. BUDGET IMPACT: Green River Levee Milwaukee II capital budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Consultant Services Agreement (PDF) 03/03/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL Packet Pg. 111 8.H RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 112 8.H.a KEN T CONSULTANT SERVICES AGREEMENT .0- between the City of Kent and J MacLeod Reckord PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and MacLeod Reckord PLLC organized under the laws of the State of Washington, located and 3 doing business at 110 Prefontaine Place South, Suite 600, Seattle, WA 98104 (hereinafter the "Consultant"). r I. DESCRIPTION OF WORK. LM m The Consultant shall perform the following services for the City in accordance with the following o described plans and/or specifications: c� c E As described in the attached Exhibit A, incorporated herein, consultant shall provide a evaluation servivices and up to 30% design for the Green River Trail alignment at the Milwaukee II Levee Improvements project, located at South 259th Street near Foster Park (UPRR Mile Post 166.08). The levee improvement project is managed by the Kent Public Works Department. > c m The 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. 0 L II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the work described in Section I by 12/31/2022. 0 am III. COMPENSATION. cJi A. The City shall pay the Consultant, based on time and materials, an amount not to exceed r $143,460.00, for the services described in this Agreement. This is the maximum amount to c 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) a for a period of one (1) year from the effective date of this Agreement. The Consultant's billing a, rates shall be as delineated in Exhibit A. Q N N V B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every N effort to settle the disputed portion. 0 U C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible r a CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Packet Pg. 113 8.H.a for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- o Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in a accordance with Ch. 51.08 RCW, the parties make the following representations: a� 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. m B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. 3 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 a, retained the 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. c 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 a Service and the state Department of Revenue. _ L 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 the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. L F. The Consultant maintains a set of books dedicated to the expenses and earnings of its c business. '0 L O 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 -o Consultant's possession pertaining to this project, which may be used by the City without restriction. If the J City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure c in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing Q state or national declarations of emergency, or any current social distancing restrictions or personal w protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. m If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be N effective only to the extent and duration of the force majeure event causing the prevention or delay in o performance and, provided, that the party prevented or delayed has not caused such event to occur and v continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. c m E Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any r costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Q CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 114 8.H.a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or o performance that may have ceased, to change the work, or to take other action to secure the work or the a project site during the force majeure event. The cost to restart, change, or secure the work or project site a arising from a direction by the City under this clause will be dealt with as a change order, except to the > extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its —J obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. Y VII. DISCRIMINATION. In the hiring of employees for the performance of work under this 3 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 LM is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative 0 Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. c� c VIII. INDEMNIFICATION. The 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 a performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. L m The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. /L^ V Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, `o then, in the event of liability for damages arising out of bodily injury to persons or damages to property '0 caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, -a 0 employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. o 0 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 2 INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES r FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. c M In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was c made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court E having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and Q reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal w on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. r c IX. 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. N 0 X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable v accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under c this Agreement. E XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, r designs, reports, or any other records developed or created under this Agreement shall belong to and Q CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 115 8.H.a become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to 0 cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The a City's use or reuse of any of the documents, data, and files created by the Consultant for this project by a anyone other than the Consultant on any other project shall be without liability or legal exposure to the a Consultant. _J a� XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor Y 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 3 inspection to secure satisfactory completion. r XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. E XIV. MISCELLANEOUS PROVISIONS. a 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 Z 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 0 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 `o covenants, agreements or options, and the same shall be and remain in full force and effect. E L 0 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 o of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules J 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 2 parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred r in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or c award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. c m E 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 Q notice hereunder shall become effective three (3) business days after the date of mailing by registered or w 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. m 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 N without additional written consent. 0 0 U F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement c shall be binding unless in writing and signed by a duly authorized representative of the City and the E Consultant. r a CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 116 8.H.a 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 .o Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any a 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 the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of Y the performance of those operations. 3 I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may LM be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. c J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the a Kent City Code. _ LL r L d N>_ LPL d /L^ V L O L O Y V N O d J V O M C N E d d L a N N V d co r C 7 N C O U r c m E t R .r r a CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 117 8.H.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page o to the other by fax or email and that signature shall have the same force and effect as if the Agreement a bearing the original signature was received in person. a� IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed Y to have applied. 3 r CONSULTANT: CITY OF KENT: c aM m By: By: 0 Print Name: Print Name: Dana Ralph E Its Its Mayor a DATE: DATE: L d NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c m as CONSULTANT: CITY OF KENT: L 0 Connie Reckord Terry Jungman MacLeod Reckord City of Kent o 110 Prefontaine PI. S, Ste 600 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 0 206-323-7919 (telephone) (253) 856-5112 (telephone) J connier@macleodreckord.com (email) tjungman@kentwa.gov (email) APPROVED AS TO FORM: o M C N E Kent Law Department m a� ATTEST: w m m Kent City Clerk c P:\Planning\Green River Trail&Corridor\Milwaukee Levee\MacLeod Reckord\G RT Alignment Design30-CONTRACT 3 0 U r c m E t R .r r a CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 118 8.H.a DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY o a as as 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. Y The following questions specifically identify the requirements the City deems necessary for any 3 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 o determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: E L 1. I have read the attached City of Kent administrative policy number 1.2. a L 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 L employer. ,0 L 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and 3 promotion of women and minorities. W 0 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the J 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. M a� E By: L For: y as Title: as r Date: 0 U r c m E t R .r r a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 119 8.H.a CITY OF KENT ADMINISTRATIVE POLICY as 0 L NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 as J N d Y 7 R SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 3 CONTRACTORS APPROVED BY Jim White, Mayor c POLICY: P as 0 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: a 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. L 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. -a O Y V 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. o d J 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. 0 M 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a� E a� a� L a N N V d r C 7 N C O U r c m E t R .r r a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 120 8.H.a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT 0 L Q� > This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. _ a� a� Y 7 M 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 P Cn W into on the (date), between the firm I represent and the City of Kent. E L I declare that I complied fully with all of the requirements and obligations as outlined in the City L of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. W a� ,L^ V L O L O By. NN� I.b For: o a) J Title: c Date: r LO 0 M C E d d L Q N O V d r C R r.+ 3 N C O U r c m E t R w r Q EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 121 8.H.a EXHIBIT A Scope of Work January 27, 2022 a 0 City of Kent Green River Trail Alignment at Milwaukee II Levee Improvements J PROJECT DESCRIPTION The City of Kent (City) is pursuing extension of the Green River Trail to complete a non-motorized 3 connection between the Foster Park Trailhead and S. 259t" Street. Based on review of the previously prepared Green River Trail Undercrossing Alternatives Report for the Union Pacific a Railroad (UPRR), both the City and UPRR have determined the preferred alignment for the trail LM should be co-located with the road beneath the existing trestle on S. 259t" Street. This alignment will require engineering evaluation of the trestle to determine the preferred wall structure that will o allow embankment soil to be removed from the trestle bent immediately south of the roadway where a new trail can then be built. E The railroad trestle has a substandard vertical clearance of approximately 8.5' from the existing a road to the lowest point of the overhead trestle and consequently has sustained damage in the past from being hit by oversized vehicles. For this reason UPRR requests that, as a part of this project, additional protective barriers with a warning system be installed on both east and west sides of the undercrossing. The City will take on the design and engineering for the protective barrier and '- electrical service required for its operation. as as The design for this project will be separate from planned improvements for the Milwaukee II Levee c� Project improvements, however construction of the two projects is anticipated to be concurrent. .0 Levee improvements include grout injection into the embankment immediately south of the trestle, -a and construction of a new floodwall on the south side of S. 2591" Street. As the design advances 0 beyond 30% there will be need for coordination between the projects. The scope of services will include structural and geotechnical engineering evaluation of the trestle, 0 trestle undercrossing improvements to accommodate the new trail and ensure the trestle remains J safe for its intended use. Services extend through preliminary design (30%). OUTLINE OF SCOPE OF SERVICES o The MacLeod Reckord team will provide evaluation and preliminary design and engineering in accordance with City of Kent standards and guidelines, and UPRR/BNSF Guidelines for Railroad Grade Separated Projects. Scope of work shall consist of the following: E as as I. Design and Engineering Services Q Task 01 Project Management 02 Data Collection, Analysis / Evaluation, and Mapping 03 Review/Collaborative Meetings (City, UPRR) 04 30% Schematic Design cn 05 Permit Review c 0 U r c m E t R .r ■ a Packet Pg. 122 8.H.a EXHIBIT A(Continued) N 0 L PROJECT TEAM ROLES AND RESPONSIBILITIES MacLeod Reckord (Consultant) will contract with qualified subconsultants, including, but not limited to the firms indicated below. Roles and responsibilities are as follows: _J as 1. MacLeod Reckord PLLC (MR) (Consultant) — Project management; agency coordination; Y trail and trailhead planning, design and documentation; overall document coordination; 3 project oversight and QA/QC. — 2. KPFF Consulting Engineers (KPFF) — Civil engineering, structural engineering, temporary erosion control measures, utilities planning, engineering, and documentation. 3. GeoEngineers (Geo) — Geotechnical evaluation and engineering services. aM as 0 GENERAL PROJECT ASSUMPTIONS 1. Consultant team will secure rights-of-entry as necessary to access the project area. E 2. City and/or UPRR will provide any as-built documents available (but for purposes of this scope, assumed unavailable). a 3. City is responsible for setting up targeted coordination meetings with King County, UPRR, and others as necessary to advance the project. Correspondence and coordination with L these entities will be primarily the responsibility of the City but may be expanded to include direct correspondence with the Consultant, as approved by the City, and to the limits shown in the fee proposals. 4. Structural evaluation of the trestle is assumed to focus on viability of overexcavating fill at the riverside bent and will not expand to include structural integrity of other spans. 5. Traffic data collection and/or user vehicle data collection is not anticipated to be necessary 0 and is not included in this scope. -a 0 6. LEEDTM Process is not included at this time, however sustainable building practices will be � incorporated into site design as program and budget allow. 7. Hazardous Materials are not anticipated at this site. If they are identified within required o locations of ground excavation, additional fee may be required. Contaminated materials J including soil and treated wood elements are anticipated at this site. It is assumed that the testing outlined as part of this scope will be sufficient to characterize these materials for off- site disposal purposes and that the materials will not be characterized as hazardous. If additional testing is needed or materials are designated as hazardous, additional fee may be M required. 8. Base survey files to be used for this project are to be provided by the City. E as DESIGN STANDARDS/CRITERIA 1. All work will comply with City of Kent Parks/Public Works for street improvements; with Q AASHTO guidelines for trail improvements; and with UPRR standards and guidelines for trestle revisions and work within the UPRR corridor. Conflicting guideline directives will be resolved by City of Kent and deviations, if required, will be provided by the Consultant. 2. Documentation will be in ACAD 2020, Civil 3D 2020, or as mutually agreed. 3. City of Kent Stormwater Manual, current edition. 4. Manual of Uniform Traffic Control Devices (MUTCD), current edition N 5. WSDOT, Standard Specifications for Road, Bridge, and Municipal Construction, English, o current edition and Amendments. v 6. United States Access Board Guidelines and Standards for Recreation Facilities —Trails. c 7. Relevant utility purveyor design guidelines. E r a 2 Packet Pg. 123 8.H.a EXHIBIT A(Continued) SCHEDULE 0 The scope of work is premised on a Notice-to-Proceed date of approximately January 2022 with a delivery of final 30% package approximately July 2022. as J TASKS PART I — PRELIMINARY DESIGN AND ENGINEERING SERVICES 3 TASK 1: PROJECT MANAGEMENT N 1.1 Coordination and Review: Coordinate the Consultant design team to ensure that the work o is completed on schedule, is technically competent, and meets City and UPRR requirements. Develop and implement the work plan and provide overall coordination and c review of the work. E 1.2 Document Management: Provide for the management of drawings and documents a received and generated over the course of the project, including review, distribution, filing, and storage. L 1.3 Subconsultant Management: Subconsultant management includes the preparation and execution of subcontracts with each Subconsultant involved in the project. The Consultant will provide ongoing overview of progress, review of invoices, and overall coordination of Subconsultants involved in the project. L 1.4 Quality Assurance/Quality Control: Conduct a quality assurance check of all deliverables ,o prior to submittal to the County. 0 1.5 Invoicing: Prepare and submit regular invoicing and monthly progress reports. Deliverables: 0 • Contract Documents • Invoicing and Progress Reports u, TASK 2: DATA COLLECTION, ANALYSIS / EVALUATION, AND MAPPING M 2.1 Data Research and Assembly: Assemble documentation as provided by the City and UPRR to inform project design and engineering effort. E 2.2 Survey: Edit base survey to sheet file format. a 2.3 Site Reconnaissance: For purposes of verifying data, assessing conditions, and mapping additional information. 2.4 Trestle Structural Evaluation and Reporting: For purposes of informing preliminary design associated with trestle revisions and retaining wall construction. May require exploration to determine foundation depth/construction (see Task 2.7). Provide summary report. 2.5 Storm Drainage Analysis and Utility Impacts Evaluation: For purposes of informing preliminary design associated with trestle revisions and installation of trail, and any trailhead improvements, Consultant to provide a technical memorandum assessing impacts to utilities and evaluation of stormwater solutions in order to inform future phases 0 of storm drainage design and (TIR) reporting. Feasibility of onsite stormwater r a 3 Packet Pg. 124 8.H.a EXHIBIT A(Continued) management and infiltration to be based on the available geotechnical and recommendations of Task 2.7 below. ° a 2.6 Not Used. as 2.7 Geotechnical Evaluation and Reporting: For purposes of supporting 30% design of trail crossing, trailhead improvements and evaluating geotechnical impacts to trestle as a result of proposed design. Work to include: 3 a. Review existing geotechnical information to include explorations from previous 3 studies in our inhouse files and relevant as-builts provided by the UPRR or the City. r b. Assist in obtaining right of entry from UPRR to complete visual reconnaissance of the trestle and embankment and to complete testing on the trestle piles. We expect the a' City will lead all communication with UPRR we will provide technical support as o required. c. Perform field visits to explore trestle foundation condition. Geo will subcontract a testing service to attempt low strain dynamic testing on up to 8 trestle piles with the goal of achieving usable data on at least 4 trestle piles. The testing, if successful, will a be used to determine the length of the existing trestle piles. — d. Complete a geotechnical boring to characterize subsurface conditions in the vicinity of the railroad trestle and trail improvements. One boring will be advanced to about 80 feet below ground surface. The boring will be advanced near the trestle but is expected to be outside of the UPRR right of way. Geo will notify the one-call utility locate center in advance of drilling and subcontract a private utility locate service to locate underground utilities in the vicinity of the boring location. Samples collected in the boring will be field screened for environmental contamination. If signs of ° contamination are noted we will store drummed drill cuttings on-site until they can be o characterized for disposal. as e. Provide an estimate of axial pile capacity for the existing trestle piles and estimates on how modifications to ground surface around piles could impact the existing trestle 0 piles. J ° f. Provide a preliminary assessment of stormwater infiltration feasibility. Our assessment will be based on sieve analysis of soils collected in our explorations and our experience with pilot infiltration tests in similar soils. o g. Provide geotechnical recommendations to support 30% design of the trail crossing and other envisioned improvements including: earth pressures for design of retaining walls, soil nail feasibility and preliminary design recommendations, foundation support alternatives and earth worth considerations. a h. Prepare draft and final geotechnical reports that include the developed recommendations, the summary boring log, and engineering figures, as appropriate. 2.71 Environmental Soil Evaluation and Reporting: For purposes of evaluating environmental implications (soil and treated wood elements management requirements and recommendations) to support 30% design. a. Perform a field visit to collect representative composite soil samples of the bermed soil to be removed for off-site disposal as a part of the project. The volume of soil to be removed is assumed to be between approximately 100 and 200 cubic yards, and that three soil samples will be sufficient to characterize the material. Soil samples will be collected using hand methods (hand-auger, shovel, or similar). Prior to soil ° r a 4 Packet Pg. 125 8.H.a EXHIBIT A(Continued) sampling a utility locate will be performed. It is assumed that the utility locate for this effort will be completed concurrently with the locate described in the geotechnical L scope of work above. b. b. Submit three soil samples for chemical analysis of total petroleum hydrocarbons, polycyclic aromatic hydrocarbons, and resource conservation and recovery act = (RCRA) eight metals to a Washington State-accredited laboratory on a standard Y turnaround time. 3 c. c. Evaluate soil sample chemical analytical results relative to Model Toxics Control 3 Act (MTCA) cleanup levels and disposal facility criteria. d. d. Evaluate potential off-site disposal options for treated wood elements to be LM potentially removed as a part of the project. 0 e. e. Provide environmental recommendations to support 30% design including: soil handling and management recommendations such as appropriate off-site disposal facilities and additional testing required (if any) for profiling and disposal of soil and E treated wood elements to be removed as a part of the project. L f. f. Prepare a draft and final environmental materials management memo that includes a the developed recommendations for soil and treated wood element management requirements, soil chemical analytical results (tabulated and laboratory report), and a site plan showing soil sample locations. >_ 2.8 Trail Alignment and Trailhead Improvements Evaluation: Identify and illustrate a preferred trail alignment, trailhead improvements, and extent of retaining wall. The purpose of this conceptual level graphic is to combine in one comprehensive (plan and section) graphic the elements required for this crossing, based on data provided in Task 2 evaluations and ° recommendations as noted above. This will serve as the concept plan for approval and -a reference moving forward into 30% design. as Assumptions: o • The City of Kent will facilitate obtaining right-of-entry(ROE) to the UPRR right of way. � • Low strain dynamic testing will be attempted for up to two days onsite. • Geotechnical boring can be completed in one day onsite. u, • Soil contamination will not be encountered in the exploration. Soil cuttings can be M removed from the site at the time of drilling. c • Environmental soil sampling can be completed in one day onsite. • Treated wood elements to be disposed as a part of the project will not require analytical testing. Q • Infiltration may not be a feasible approach for this project however sieve analysis will be performed to determine potential. If soils, through sieve analysis, indicate potential for infiltration, stormwater facility recommendations will be made as part of Task 4.5. co Additional tests, such as PITs will be addressed in subsequent design phases and/or combined with the larger project. If there is limited potential for infiltration stormwater c design will be shown as piped conveyance to the system in City streets. Conveyance N downstream of project is assumed to have adequate capacity and stormwater from project o will gravity discharge directly to Green River without detention. • Water Quality treatment will not be required for the project. E r a 5 Packet Pg. 126 8.H.a EXHIBIT A(Continued) • All technical memoranda, reports, and graphics will be provided in draft form to the City. o Review comments from one City review will be incorporated into documents prior to City a submitting to UPRR for their review and comment. Review comments from one UPRR review will be incorporated into final memoranda, reports, and graphics. >D J • Reports may be expanded at a later date for purposes of submitting with permit application = documentation but expanded effort is not included in this contract. • The ROE and/or permissions for the Geotechnical Evaluation and Reporting task can be used for the Trestle Structural Evaluation and Reporting task. No separate ROE and/or 3 permissions will be required. r • The Structural Evaluation will be limited to a visual inspection of the structure to confirm design assumptions and as-built dimensions. Structural demands and capacities of the aM existing trestle will not be provided. o • City will coordinate with UPRR to acquire all information on the existing trestle including: as-built plans, repair plans, inspection reports and any other relevant information to the c structure. E L Deliverables: a • Base Survey • Draft and Final Trestle Structural Evaluation Report • Draft and Final Utility Impacts Technical Memo • Draft and Final Storm Drainage Technical Memo • Draft and Final Geotechnical Report a • Draft and Final Environmental Materials Management Memo L • Draft and Final Trail Alignment and Trailhead Improvements Plan graphics; including ,0 sections. -a 0 Y V N TASK 3: REVIEW/COLLABORATIVE MEETINGS 0 3.1 Internal Team Meetings: Coordinate with team members on a regular basis to resolve design and engineering issues and prepare for Coordination Meetings as noted below. 3.2 Coordination Meetings: Meet with the City and their assigns to collaborate and discuss and/or present project issues, schedule, progress, and general coordination of effort. City o check-in meetings will be held virtually throughout the process on an approximate once- monthly (at a minimum) basis. E Assumptions: a • Meeting attendance is to the extent indicated in the fee proposal. Q N N Deliverables: • Meeting Notes for Coordination Meetings; City check-in meeting notes will not be co distributed. TASK 4: 30% SCHEMATIC DESIGN 0 0 U 4.1 Demolition Schematic Plan: Site plan showing limit of work and scope of sitework demolition. E r a 6 Packet Pg. 127 8.H.a EXHIBIT A(Continued) 4.2 TESC Notes and Selected Details: TESC showing standard notes and details. o L 4.3 Site Layout Schematic Plan: Site plan showing overall project layout and information a typically required in permit site plan (for purposes of early discussion in preapplication meeting). J 4.4 Utility Relocation Schematic Plan: Site plan showing conceptual relocation plans for any domestic water, sanitary sewer, communication, fiber optics, natural gas, or other utilities. 3 4.5 Storm Drainage Schematic Plan and Selected Details: Site plan and standard details for 3 stormwater facility design. r 4.6 Not used. P 4.7 Trestle Improvement Schematic Plan and Selected Details: Plans and details showing any necessary revisions/improvements to the trestle that are required as a result of excavation o and wall construction. c 4.8 Structural Wall Schematic Layout Plan, Elevation, and Sections: Site plans, elevation, and sections showing wall construction beneath, and extending beyond, trestle as required. L 4.9 Trail Alignment Schematic Plan and Sections: Site plan and sections showing trail a alignment, cross sections extending to make connection with other non-motorized facilities; include at a conceptual level directional signage, striping, barricades, and protective fencing. >_ 4.10 Trailhead Improvement Schematic Plan and Selected Details: Site plan and details showing trailhead improvements that may include, but not be limited to, reconfigured or restored parking, ADA compliant parking and access, curbing or barriers, secondary trail L connections to regional trails, fencing, benches, trash receptacles, and signage. ° 4.11 Planning Level Cost Estimate: Develop planning level cost estimates for the project to the o limits indicated in the project description. 4.12 Review/approval: Meet with City to review 30% submittal. Provide response to comments from City. J Assumptions: • Plans, sections, details, and planning level cost estimate will be provided in draft 30% format r to the City. Review comments from one City review will be incorporated into plan set prior to 0 City submitting to UPRR for their review and comment. Review comments from one UPRR review will be incorporated into future phases and not included in this contract. • Coordination with utility companies to accommodate trestle revisions and trail/trailhead E improvements will be addressed in subsequent design phases. • Consultant shall provide written responses to review comments that will explain how Q comments or changes will be addressed in a future phase. There will be no resubmittal of the 30% documents. as Deliverables: r • Demolition Schematic Plan • TESC Notes and Selected Details N • Site Layout Schematic Plan 0 • Utility Relocation Schematic Plan • Storm Drainage Schematic Plan and Selected Details • Trestle Protection Schematic Plan r a 7 Packet Pg. 128 8.H.a EXHIBIT A(Continued) • Trestle Improvement Schematic Plan and Selected Details o • Structural Wall Schematic Layout Plan, Elevation, and Sections a • Trail Alignment Schematic Plan and Sections • Trailhead Improvement Schematic Plan and Selected Details • Planning Level Cost Estimate • Response to comments Y 3 TASK 5: PERMIT REVIEW 5.1 Preliminary Permit Application Review Meeting: Prepare for and attend one meeting with �, City staff to discuss and resolve required local permits required for the work defined in this scope. Provide meeting notes. 5.2 Related Permit Research and Reporting: Identify in matrix form the full range of permits and estimated timeline for review/approval for the work defined in this scope. E 5.3 Contingency Permit Application: Allowance for preparation or reformat of material as a required for permit application submittal to City, UPRR, or others. — LL r Assumptions: • Level of effort for Permit Review is to the extent indicated in the fee proposal. '- • Contingency Permit Application is only to be performed with written direction from the City. c as as L Deliverables: L • Meeting Notes ,° -a • Permit Matrix o • Other as approved by City as O m J V O M C N E d d L a N N V d r C 7 N C O U r c m E t R .r r a 8 Packet Pg. 129 Consultant Fee Determination -Summary Sheet 8.H.a EXHIBIT A(Continued) Milwaukee II Levee and Green River Trail Improvements Fee Summary January 2022 c MacLeod Task/Team Reckord KPFF GeoEngineers Subtotal L trail and trailhead civil and structural geotechnical a desi n en ineerin evaluation &re ortin L PART I - PRELIMINARY DESIGN SERVICES ~ L 1.0 Project Management 5,440.00 3,828.00 - 9,268.00 M 2.0 Data Collection,Analysis/Evaluation,and Mapping 14,740.00 11,967.00 25,588.00 52,295.00 c W 3.0 Review/Collaborative Meetings 5,080.00 7,376.00 2,106.00 14,562.00 L 4.0 30%Schematic Design 21,235.00 24,936.00 1,404.00 47,575.00 L 5.0 Review Meeting 5,160.00 - - 5,160.00 Subtotal 51,655.00 48,107.00 29,098.00 128,860.00 m Direct Expenses 300.00 - 14,300.00 14,600.00 O Total 51,955.00 48,107.00 43,398.00 143,460.00 LO 0 M C d E W i Q N d V W a+ C fC _r 3 N C O U c O E t c� R r Q Packet Pg. 130 8.H.a EXHIBIT A(Continued) Milwaukee II Levee and Green River Trail Improvements MacLeod Reckord Fee Proposal January 27, 2022 U 4) MacLeod Reckord 0 d PC PM PD DR AD SUBTOTAL a� RTaskPE=SCOPE OF WORK $210.00 $160.00 $125.00 $125.00 $125.00 > N J 1.0 TASK 1 - Project Management = 1.1 Coordination and Review 4 $640 m 1.2 Document Management 2 4 $820 3 1.3 Subconsultant Management 4 4 $1,480 3 1.4 Quality Assurance/Quality Control 8 $1,680 1.5 Invoicing, Progress Reporting 2 4 $820 2 Subtotal: 12 12 0 4 4 $5,440 2.0 TASK 2- Data Collection,Analysis/Evaluation, and Mapping c 2.1 Data Research and Assembly 1 4 $850 LM 2.2 Survey 2 6 $1,070 aNi 2.3 Site Reconnaissance 3 6 $1,590 2.4 Trestle Structural Evaluation and Reporting 2 3 $900 2.5 Storm Drainage Analysis and Utility Impacts Evaluation 1 2 $530 c 2.6 Not Used $0 2.7 Geotechnical Evaluating and Reporting 4 8 $2,120 2.8 Trail Alignment and Trailhead Improvements Evaluation 4 1 24 24 $7,680 d u total: 15 49 0 30 0 $14,740 - 3.0 TASK 3- Review/Collaborative Meetings 3.1 Internal Team Meetings 6 8 $2,540 L 3.2. Coordination Meetings 6 8 $2,540 Subtotal:L12 16 0 0 0 $5,080 R 4.0 TASK 4-30%Schematic Design c 4.1 Demolition Schematic Plan 1 2 1 $655 a� 4.2 TESC Notes and Selected Details 1 $160 4.3 Site Layout Schematic Plan 2 8 8 $2,700 G 4.4 Utility Relocation Schematic Plan 1 1 $370 4.5 Storm Drainage Schematic Plan and Selected Details 1 2 $530 'a 4.6 Not Used $0 0 Y 4.7 Trestle Improvement Schematic Plan 1 2 $530 a� 4.8 Structural Wall Schematic Layout Plan, Elevation,and Sections 1 2 $530 4.9 Trail Alignment Schematic Plan and Sections 4 8 8 $3,120 J 4.10 Trailhead Improvement Schematic Plan and Selected 6 16 30 $7,570 4.11 Planning Level Cost Estimate 4 8 4 $2,620 4.12 Review/Approval-incl assembly of full set 2 8 4 1 2 $2,450 Subtotal: 23 58 1 0 1 55 1 2 $21,235 5.0 TASK 5- Review Meeting �o 5.1 Preliminary Permit Application Review Meeting 2 4 $1,060 5.2 Related Permit Research and Reporting 4 8 $2,120 5.3 Contingency Permit Application 4 4 4 $1,980 Subtotal: 10 16 0 4 0 $5,160 E Subtotal 72 151 0 93 6 $51,655 a� Direct Expenses: 1 $300 Q N SUBTOTAL:11 $51,955 m r c 0 U r c m E t R .r r a Packet Pg. 131 4 8.H.a EXHIBIT A(Continued) Milwaukee II Levee and Green River Trail Improvements KPFF Consulting Engineers January 24,2022 t� FIRM NAME 0 PIC PM SR Civ SR Civ Engr Br Engr Civ Engr CADD SUBTOTAL Br CADD Admin ILEn r Task SCOPE OF WORK $217.50 1$203.00 1$145.00 $152.00 $110.00 $110.00 $122.00 $125.00 $72.50 1.0 TASK 1 -Project Management N J 1.1 Coordination and Review $0 _ 1.2 Document Management $0 N 1.3 Subconsultant Management $0 Y 1.4 Quality Assurance/Quality Control 8 $1.740 O 1.5 Invoicing,Progress Reporting 6 12 $2,088 3 Subtotal: 8 6 0 0 0 0 0 0 12 $3,828 _ 2.0 TASK 2-Data Collection,Analysis/Evaluation,and Mapping 2.1 Data Research and Assembly $0 �•' O 2.2 Survey $0 2.3 Site Reconnaissance $0 O) 2.4 Trestle Structural Evaluation and Reporting 4 8 16 $3,788 U) 2.5 Storm Drainage Analysis and Utility Impacts Evaluation 6 14 32 8 6 $8,179 ) 2.6 Not used $0 2.7 Geotechnical Evaluating and Reporting $0 O 2.8 Trail Alignment and Trailhead Improvements Evaluation $0 Subtotal:l 0 10 1 14 1 8 1 32 1 16 1 8 1 0 1 6 $11,967 E 3.0 TASK 3-Review/Collaborative Meetings 3.1 Internal Team Meetings 1 6 12 12 $4,782 i 3.2. Coordination Meetings 1 4 6 6 $2,594 d 6ubtotal:l 0 1 10 1 18 1 18 1 0 1 0 1 0 1 0 1 0 11 $71376 4.0 TASK 4-30%Schematic Design i 4.1 Demolition Schematic Plan 1 2 2 4 4 6 $2,409 ~ L 4.2 TESC Notes and Selected Details 2 4 8 8 $2,842 4.3 Site Layout Schematic Plan $0 4.4 Utility Relocation Schematic Plan 1 4 8 $1,759 4.5 Storm Drainage Schematic Plan and Selected Details 1 6 8 10 $3,173 O O 4.6 Not used $0 i 4.7 Trestle Improvement Schematic Plan 2 6 8 10 $3,448 (� 4.8 Structural Wall Schematic Layout Plan,Elevation,and i Sections 4 16 20 20 $7,944 .� 4.9 Trail Alignment Schematic Plan and Sections $0 •p 4.10 Trailhead Improvement Schematic Plan and Selected $0 p 4.11 Planning Level Cost Estimate 1 2 4 4 8 $2,421 Y 4.12 Review/Approval 1 1 1 2 2 $940 Subtotal: 0 13 1 19 1 29 1 26 42 1 32 30 0 jr $24,936 5.0 ITASK 5-Review Meeting 0 Subtotal: 0 0 0 0 0 0 0 0 0 $0 d Subtotall 8 39 1 51 1 55 1 58 1 58 1 40 1 30 1 18 $48,107 J Direct Expenses: $0 SUBTOTAL: $48,107 u� 0 M r C d E d O L Q d V d N C O t� r C d t V c0 Q Packet Pg. 132 f 4 8.H.a EXHIBIT A(Continued) Milwaukee II Levee and Green River Trail Improvements GeoEngineers, Inc. January 27, 2022 U 4) GeoEngineers L- Senior Staff 3 CAD Administrato d Associate Engineer Engineer Designer r SUBTOTAL Task MSCOPE OF WORK 1 $260.00 1 $221.00 $173.00 $135.00 $120.00 a� J 1.0 TASK 1 -Project Management Subtotal: 0 0 0 0 0 $0 a0i 2.0 TASK 2-Data Collection,Analysis/Evaluation, and Mapping 2.1 Data Research and Assembly $0 3 2.2 Survey $0 2.3 Site Reconnaissance $0 r 2.4 Trestle Structural Evaluation and Reporting $0 2.5 Utility Impacts Evaluation $0 2.6 Storm Drainage Analysis and Reporting $0 y 2.7 Geotechnical Evaluating and Reporting 8 32 50 4 8 $19,302 m 2.71 Environmental Services 2 15 12 1 2 $6,286 2.8 Trail Alignment and Trailhead Improvements Evaluation $0 Subtotal: 10 47 62 5 10 $25,588 3.0 TASK 3-Review/Collaborative Meetings 3.1 Internal Team Meetings 2 4 $1,404 3.2. Coordination Meetings 1 2 $702 d Subtotal: 3 6 0 0 0 $2,106 4.0 TASK 4-30%Schematic Design H 4.1 Demolition Schematic Plan $0 4.2 TESC Notes and Selected Details $0 >_ 4.3 Site Layout Schematic Plan $0 W 4.4 Utility Relocation Schematic Plan $0 d 4.5 Storm Drainage Schematic Plan and Selected Details $0 4.6 Trestle Protection Schematic Plan $0 4.7 Trestle Improvement Schematic Plan $0 `O 4.8 Structural Wall Schematic Layout Plan, Elevation,and Sections $0 0 4.9 Trail Alignment Schematic Plan and Sections $0 Y 4.10 Trailhead Improvement Schematic Plan and Selected Details $0 4.11 Planning Level Cost Estimate $0 4.12 Review/Approval 2 4 $1,404 p Subtotal: 2 4 0 0 0 $1,404 m J 5.0 TASK 5- Review Meeting Subtotal 0 0 1 0 0-1 0 $0 Subtotall 15 57 1 62 1 5 1 10 $29,098 t- Direct Expenses: $14,300 M SUBTOTAL: $43,398 c as E Reimbursable Expenses y Item Fee Private Utility Locate Services $ 400.00 Q Geotechnical Drilling Services $ 5,500.00 y m Low Strain Dynamic Testing Services $ 5,000.00 v Geotechnical Laboratory Testing and Field Equipment $ 1,700.00 s' Environmental Laboratory Testing and Field Equipment I $ 1,700.00 fn $ Total Reimbursable Expenses $ 14,300.00 +c O U r c m E t R .r r a Packet Pg. 133 4 8.H.a EXHIBIT B L INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS > J Insurance as The Consultant shall procure and maintain for the duration of the Agreement, 3 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� a� A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- a 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. W a� 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability `o arising from premises, operations, independent contractors, 0 products-completed operations, personal injury and o advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be W endorsed to provide the Aggregate Per Project Endorsement o ISO form CG 25 03 11 85. The City shall be named as an J 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 o coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. L 4. Professional Liability insurance appropriate to the Q Consultant's profession. B. Minimum Amounts of Insurance as co r c Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined o single limit for bodily injury and property damage of $1,000,000 per accident. E r a Packet Pg. 134 8.H.a EXHIBIT B (Continued ) L 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 J general aggregate. _ as a� 3. Professional Liability insurance shall be written with limits no ; less than 2,000,000 per claim. 3 C. Other Insurance Provisions c The insurance policies are to contain, or be endorsed to contain, the following P provisions for Automobile Liability and Commercial General Liability o insurance: 1. The Consultant's insurance coverage shall be primary insurance as E respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's a insurance and shall not contribute with it. — LL r 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. /L^ V 3. The City of Kent shall be named as an additional insured on all policies `o (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as 0 additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance W policies. The Consultant's Commercial General Liability insurance shall o also contain a clause stating that coverage shall apply separately to each J insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers o M Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E as as L E. Verification of Coverage y a� Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 0 U r c m E t R .r r a Packet Pg. 135 8.H.a EXHIBIT B (Continued ) F. Subcontractors a as as Consultant shall include all subcontractors as insureds under its policies or a� shall furnish separate certificates and endorsements for each subcontractor. _ All coverages for subcontractors shall be subject to all of the same insurance Y requirements as stated herein for the Consultant. 3 r c aM m 0 c� c L LL r L d LPL d /L^ V L O L O Y V N O d J V O M C N E d d L a N N V d CO r C 7 N C O U r c m E t R .r r a Packet Pg. 136 ACC� CERTIFICATE OF LIABILITY INSURANCE o2116r20ZZH.a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THUG CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE', BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHQRIZEE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. p L IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed (L If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of 4) this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d CONTACT PRODUCER Westphal Insurance Agency NAME; J 2820 Oakes Ave Ste D PHONE 425-330-1148 FA7C 888-265-5038 Everett WA 98201 No EMAIL fF ln Y ADORESS:�e @pnw-ins.co INSURERS)AFFORDING COVERAGE MAIC INSURER A:Mid Century Insurance Company 2168i 3 INSURED Macleod-Reckord,PLLC INSURER B:Everest National Insurance Company 37273 M 110 Prefontaine PL.S,Ste 600 Seattle WA 98104 INSURER C: l0 INSURER D: i� INSURER E: T •� INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOL to C INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; ' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS ._ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N L ILTR R AVOTYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MMIDDPOLICYPMY EFF MMIDDIYYYY LIMITS tL LT r/ COMMERCIAL GENERAL LIABILITY t/ EACH OCCURRENCE $2,000,000 CLAIMS MADE ✓� OCCUR OAPAAGE TO RENTED — PREMISES(Ea occurrence) $500,000 ~ A MED EYP(Any one person) $5,000 _ 606296699 112021 9/01/2022 PERSONAL&ADV INJURY $2,000,000 > GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $4,000,000 C ✓ POLICY❑JPECaT F1 LOG PRODUCTS-COMPIOP AGG $2,000,000 L OTHER: m. _mm $ AUTOMOBILE LIABILITY ✓ COMBaBIINNEE SINGLE LIMIT $2,000,000 40 ANYAUTO BODILY INJURY(Par person) $ -a A OWNED N SCHEDULED 6Q629669g 9101/2021 09/0112022 BOOILY INJURY(PeraccidarTo $ O AUTOS ONLYALIFOSHIRED NON-OWNED PROPERTYDAMAGE $ V AUTOS ONLYALIFOS ONLY (Per amdentl $ UMBRELLA LIAR OCCUR Lip EACH OCCURRENCE $ d EXCESS LIAB CLAIMS-MADE AGGREGATE $ J V DE❑ RETENTION$ $ WORKERS COMPENSATION YIN STATUTE ✓ ER Stop Gap AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 A MarrdaRIMEn SE EXCLUDED 606296699 09/0112021 09/01/2022 1 000 000 c ( ry ) E.L.DISEASE-EA EMPLOYE $ + , _ M !f yes describe Under I1 000 000 ... DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ + r EACH OCCURANCE $2,000,000 C AGGREGATE $2,000,000 d B 113rafessional Liability TIF: O'PL5E0007755211 �l$13012021 08/30/2022 Retro ACtive Date 0810111968 E L DESCRIPTION OF OPERAT1ONS I LOCATIONS 1 VEHICLES(ACORD 101,Addhlonal Remarks Schedule,may be attached if more space Is required) Q Project:Milwaukee II Green River Trail Alignment to City of Kent is named as additional insured on the policy_ V Insurance 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 of Kent. c ca CERTIFICATE HOLDER CANCELLATION W City of Kent o 220 Fourth Ave.S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE V Kent,WA 98032 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED If C ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Bryan Higgins E bhiggins@kentwa.gov AUTHORIZER REPRESENTATIVE v Laressa Bernhardsen Q ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Web software.www.FormsRass.com;?Impressive Publishing 800-208-1917 Packet Pg. 137 8.H.a THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. c a� 0 L FARMERS E3306 INSURANCE 1st Edition > J WAIVER OF TRANSFER OF RIGHTS OF RECOVERY 4) AGAINST OTHERS TO US 3 02/16/2022 606296699 Effective Date Policy Number c a1 This endorsement modifies insurance provided under the following: BUS INESSOWNERSCOMMON POI-ICYCONDITIONS-BP0009 c E SCHEDULE L Q. Name of Person or Organization: CITY OF KENT PARK PLANNING DEVELOPMENT L d LPL (If no entry appears above,information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: c E Condition K.Transfer Of Rights Of Recovery Against o Others To Us in the Businessowners Common Policy Conditions is amended bytheaddition of the following: 3. We waive any right of recovery we may have againstthe O person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your work done under a contract with that person or organization and included in the products-completed operations hazard.This waiver c applies only to the person or organization shown in the Schedule above. m E m m L a to N V d r C 7 N C O U r c This endorsement is part of your policy.It supersedes and controls anything to the contrary.It is otherwise subject to all the terms of the policy. t R E3306-ED1 6-97 Includes Copyrighted Material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 r 91-3306 E3306101 Q Packet Pg. 138 8.H.a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: 606296699 a� AO� o d 16840 FARMERS 2nd Edition INSURANCE ADDITIONAL INSURED - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM (D BUSINESSOWNERS COMMON POLICY CONDITIONS With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. E SCHEDULE L Name Of Additional InsuredPerson(s) CITY OF KENT PARK PLANNING DEVELOPMENT a Or Organization(s): H L d Location Of Covered Operation(s): All WA Locations c m a� ,L^ V L Effective Date Of Endorsement: 0211 122022 '0 If no entry appears above,information required to complete this endorsement will be shown in the Declarations. E 0 Y The BUSINESSOWNERS LIABI LITY COVERAGE FORM is amended as follows: a� A. With respect to the additional insured described in Paragraph B.of this endorsement,the following exclusions are added to Paragraph 1.Applicable To Business Liability Coverage under Section B.Exclusions: m This insurance does not apply to: 1. "Bodily injury"or"property damage"for which the additional insured(s)is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the r additional insured(s)would have in the absence of the contract or agreement. c 2. "Bodily injury"or"property damage"occurring after: a. Your ongoing operations at the location of covered operations other than service maintenance or repairs (D performed by you or on your behalf have been completed;or E b. The portion of your ongoing operation out of which the"bodily injury"or"property damage"arises has been put to its intended use by any person or organization. Q But in no event shall this insurance apply to"bodily injury"or"property damage"arising out of your operations that (D were completed prior to the effective date of this endorsement. 3. "Bodily injury" or"property damage" arising out of any act or omission of the additional insured(s) or any of its "employees", agents or contractors other than you, except for general supervision by the additional insured(s)of your ongoing operations performed for that additional insured. r 4. "Property damage"to: rn c a. Property owned,used or occupied by or rented to the additional insured(s); o U b. Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control;or y c. Any work including materials, parts or equipment furnished in connection with such work which is performed t for the additional insured by you. L) w r Q J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 93-6840 Packet Pg. 139 8.H.a B. Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the U 4) Schedule, but only to the extent that the additional insured(s) is held liable for"bodily injury" or"property damage" o caused in whole or in part by: a 1. Your ongoing operations performed for such person or organization at the location designated above; 2. The acts or omissions of your subcontractors acting on"your"behalf on the scheduled project in the performance of —J your ongoing operations for the additional insured(s)which start and are completed within the effective period of this endorsement;or d m 3. The acts or omissions of such additional insured(s)in connection with its general supervision of such operations. 3 M C. With respect to this endorsement, "wrap up policy' means an Owner or Contractor Controlled Insurance Program 3 providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: N A. With respect to the additional insured described in Paragraph B. of this endorsement, Section H.Other Insurance is 0) replaced by the following: H. Otherinsurance f° c 1. Primary and Noncontributory Insurance E The coverage provided to an additional insured under this endorsement shall be primary and noncontributory d ONLYto any insurance issued directlyto the additional insured if: — a. The Named Insured agreed in a written contract or written agreement to provide the additional insured H coverage on a primary and noncontributory basis; b. Such written contract or written agreement referenced in a.above was executed priorto the issuance of this endorsement; m c. The additional insured designated herein has a policy with an Other Insurance provision making that policy excess;and L d. There is no"wrap up policy"in effect for the work performed at the location designated in the Schedule of 0 this endorsement. -a O 2. Excesslnsurance Y a� If there is other valid and collectable insurance available to the additional insured(s) as an additional insured under other policies covering the work performed at the location designated and described in the schedule of o this endorsement,this insurance will be excess over those policies. J u� 0 M C N d d L a to N V d r C 7 N C O This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the V terms of the policy. m E t R .r r a j6840-ED2 09-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 93-6840 Packet Pg. 140 2/16/22, 1:59 PM MACLEOD RECKORD PLLC rr.•r wl •� L 5 W t at wAS"ING ON a m a� a� Department of Labor& Industries J d m Certificate of Workers' Compensation Coverage 3 February 16, 2022 c aM m WA UBI No. 602 870 639 0 L&I Account ID 354,845-01 Legal Business Name MACLEOD RECKORD PLLC E Doing Business As MACLEOD RECKORD PLLC a- Workers' Comp Premium Status: Account is current. LL r Estimated Workers Reported Quarter 4 of Year 2021 "4 to 6 Workers" (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 m a� Licensed Contractor? No L 0 L 0 Y V N What does "Estimated Workers Reported" mean? J Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may c be filled by one person, or several part time workers. c m Industrial Insurance Information E Employers report and pay premiums each quarter a� based on hours of employee work already performed, Q N and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, m cancellation dates, limitations of coverage or waiver of r c subragation (See RCW 51.12.050 and 51 .16.190). 0 U r c m E t R .r r a https://secure.Ini.wa.gov/verify/Details/liabilityCertificate.aspx?UBI=602870639&LIC=&VIO=&SAW=false&ACCT=35484501 Packet Pg. 141 8.1 KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: Agreement with Mithun for Mill Creek Canyon Master Plan - Authorize MOTION: I move to authorize the Mayor to sign a Consultant Services Agreement with Mithun, Inc. in the amount of $324,996, for planning and design services related to development of a master plan for Mill Creek Canyon and Earthworks Park, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In October 2017, the Parks Department issued a Request For Qualifications (RFQ) for Mill Creek Canyon Earthworks Park Master Plan, for master planning and development design. A total of 11 firms responded to the RFQ. City staff review of submitted qualifications resulted in the selection of Mithun Inc. to perform the work. The proposed fee is $324,996.00. The project was placed on hold shortly after RFQ selection due to staff resource challenges within the Park Planning and Development Division but was recently re- initiated as part of the canyon clean-up efforts. BUDGET IMPACT: Mill Creek Canyon and Earthworks capital budget SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. Consultant Services Agreement (PDF) Packet Pg. 142 8.1 03/03/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 143 8.I.a KEN T W A S H I N G T O n CONSULTANT SERVICES AGREEMENT between the City of Kent and Mithun, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mithun, Inc. organized under the laws of the State of Washington, located and doing aEi business at Pier 56/1201 Alaskan Way, Suite 200, Seattle, WA 98101 (hereinafter the "Consultant"). Q I. DESCRIPTION OF WORK. coo a L The Consultant shall perform the following services for the City in accordance with the following ; described plans and/or specifications: c 0 As described in attached Exhibit A, incorporated herein, consultant shall provide master planning, inventory and analysis and alternative development design services for Mill Creek c� Canyon Earthworks Park. a as L U L The Consultant further represents that the services furnished under this Agreement will be performed c in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in CN Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the M work described in Section I by 12/31/2023. c m III. COMPENSATION. E as a� L A. The City shall pay the Consultant, based on time and materials, an amount not to exceed a $324,996.00, 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 •2 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 N r 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 5 rates shall be as delineated in Exhibit A. c 0 U B. The Consultant shall submit monthly payment invoices to the City for work performed, and a c final bill upon completion of all services described in this Agreement. The City shall provide w 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 a effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Packet Pg. 144 8.I.a for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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. r c B. The Consultant maintains and pays for its own place of business from which the Consultant's services under this Agreement will be performed. L C. The Consultant has an established and independent business that is eligible for a a business deduction for federal income tax purposes that existed before the City retained the Consultant's services, or the Consultant is engaged in an independently a L 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 o documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. c) Y d 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 the Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. 12 c 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 o 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 the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. a VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, U or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or in delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their c�a performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing S state or national declarations of emergency, or any current social distancing restrictions or personal c protective equipment requirements that may be required under federal, state, or local law in response to v the current pandemic. as If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of +a, the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be a effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) Packet Pg. 145 8.I.a Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. m VII. DISCRIMINATION. In the hiring of employees for the performance of work under this 44) Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the a, Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national a origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who 0 is qualified and available to perform the work to which the employment relates. The Consultant shall execute a L 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. VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, ro- 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 c) performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. U The City's inspection or acceptance of any of the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 12 c 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 duty to defend, indemnify, and hold the City harmless, o and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. m IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION aEi PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES Q FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. aNi In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was cn made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court r having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then a the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and N reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal c on the Consultant's part. v c The provisions of this section shall survive the expiration or termination of this Agreement. E IX. 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. a X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) Packet Pg. 146 8.I.a become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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 a inspection to secure satisfactory completion. Q XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary o precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the a L performance of the contract work and shall utilize all protection necessary for that purpose. All work shall ; be done at the Consultant's own risk, and the 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. 0 XIV. MISCELLANEOUS PROVISIONS. c 0 U 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 o 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 Q in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or m award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's U right to indemnification under Section VIII of this Agreement. in r D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written N notice hereunder shall become effective three (3) business days after the date of mailing by registered or c certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this v Agreement or such other address as may be hereafter specified in writing. as 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) Packet Pg. 147 8.I.a G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of r c the performance of those operations. a� I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, a emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may o be subject to public review and disclosure, even if those records are not produced to or possessed by the a L City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties ; and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, o, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the > Kent City Code. U Y 12 d N L U L Cr G N LO O M a+ C d E N N L Q V N r Y O U E V Q CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) Packet Pg. 148 8.I.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. a� a� L CONSULTANT: CITY OF KENT: Q c a L By: By: N Print Name: Print Name: Dana Ralph c 0 Its Its Mayor U DATE: DATE: m as L U NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 12 CONSULTANT: CITY OF KENT: c 0 r Debra Guenther Bryan Higgins Mithun City of Kent N 1201 Alaskan Way, Ste 200 220 Fourth Avenue South o Seattle, WA 98101 Kent, WA 98032 r c 206-971-3404 (telephone) (253) 856-5113 (telephone) debrag@mithun.com (email) bhiggins@kentwa.gov (email) L Q APPROVED AS TO FORM: a� r c Kent Law Department ATTEST: c v c a� E Kent City Clerk c� P:\Planning\Mill Creek Earthworks Park\Mill Creek Canyon Master Plan\Mithun-Master Plan-CONTRACT +�+ Q CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) Packet Pg. 149 8.I.a 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. a� 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 c, 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 a 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: 0 1. I have read the attached City of Kent administrative policy number 1.2. L) Y d 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. L 3. During the time of this Agreement the prime contractor will provide a written statement to w 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. CD 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. a By signing below, I agree to fulfill the five requirements referenced above. a� By: c For: c 0 U Title: c as E Date: a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 150 8.I.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 r c as E SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor a c POLICY: a L 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 ro- amounting to $10,000 or more within any given year, must take the following affirmative steps: U 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. 0 w 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. N LO O 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. a� E 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity a policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. c �a 0 U c as E c� a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 151 8.I.a 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. r c a� I, the undersigned, a duly represented agent of L Company, hereby acknowledge and declare that the before-mentioned company was the prime a c contractor for the Agreement known as that was entered f° a L into on the (date), between the firm I represent and the City of r Kent. c 0 c I declare that I complied fully with all of the requirements and obligations as outlined in the City Y a� of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. L 0 3 t r N By: LO O M_ For: r c a� E Title: a� L Date: N a� L v! R 0 U c a� E t R r a EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 152 8.I.a MITHUN Project Description The project will work with the City of Kent and the community to complete a Framework Plan for the collections of natural and cultural resources of Earthworks Park and Mill Creek Canyon Park, including an overall corridor plan for the: r Lower Canyon—Earthworks Park Middle Canyon—new trailhead E Upper Canyon—new trailhead Q c Goals for the project: 1. New purpose for the park setting that responds to current needs and resets infrastructure. a am 2. Create safe and easy to use trail connections through park and canyon with surrounding N neighborhoods that create well used,universally accessible and legible walking routes for Z all ages. c 3. Share a fresh narrative through storytelling of the history of the park. Engage with the Kent Historical Museum and sustainable trail system initiatives in partnership with U EarthCorps. �c iv a� L Preliminary Schedule V The project schedule is noted in each task below,and anticipated to be April 2022 through June 2023 0 12 c Resources Provided by the City mithun.com _ 1. Geotechnical Visual/Desktop assessment(as needed) I.I. CN This service will be engaged as needed for specified areas identified for activation or LO improvements. t 1.2. Conduct a desktop analysis of the site including review of information from nearby projects and available overall site information. 1.3. Vist the site focus areas to observe existing conditions. 1.4. Combine desktop analysis and site reconnaissance visits into a written geotechnical Q assessment for the focus areas. Assessment to include a preliminary critical areas N assessment focused on risks from steep slopes and erosion,an opinion of feasibility of 0) development at each site to include anticipated foundation support for bridges or other 2_0 structures and a high-level assessment of stormwater infiltration feasibility. 0) 1.5. General recommendations for erosion management at key trail locations to be provided to 2. Site Survey }' 2.1. City of Kent Public Works to perform site survey at focus areas 2.1.1. Earthworks Park U 2.1.2. SE Trailhead area(including Mendel and Ransom properties) 2.1.3. 100th PI SE ROW 2.1.4. Gould property(Parcel 1922059077) Mithun Plers6 2.1.4.1. Further survey extents may be required pending available information review Q 1201 Alaskan Way,#200 and design proposals. Seattle,WA 98101 3. Cultural Resource Assessment T 206.623.3344 F 206,623.7005 3.1. Assessments to be provided for each area of study. 3.2. Access to cultural resource advisor will be needed periodically during design process. 4. Park Programming,beyond community engagement and Park Economics Mithun 1 Salomon 660 Market Street,#300 San Francisco,CA 94104 T 415.956.0688 F 415,956.1688 Packet Pg. 153 8.I.a Project Scope and Fee Summary M 1 T H U N Mill Creek Canyon Park Framework Plan 1726900 02.24.2022 Page 2 of 7 5. Delineation of streams,wetlands and critical areas for Earthworks Park and the Mendel and Ransom properties are not included in current scope. Desktop survey only. Scope of Work c a� The following scope of work and deliverables describe the tasks that will be accomplished by E Mithun and their subconsultants. The map below outlines the primary areas of study. i 4 d,,l �(-��® _ 1 Earthworks Park N nd SS Mlaamws He � a O LF P 7 �� _ Central 2onB U ® 4 potential hedge cressngs Gould property(highlighted) Y �] U American Legion c (nol currency awned by the city) _ L di 12 a e 2 st N 3 400m Po SE Raw O v=' � t \ Horsehead` eye,; Natural - �-1 Area O f lIJ Southeastern Entrance / 2 Mendel and Ransom parcels L ` 5 z 6th 1l (l/ N'N Geeq_ potential bridge crossing locations N a+ C Task A: Inventory and Analysis (Approximately 15 weeks/March-August) 1. Inventory O v 1.1. Collect and review documents,studies,reports,plans and all relevant material available from the city for analysis work. Inventory original design features(extant and missing)as identified in the cultural resource assessments. E 1.2. Assess existing trail,pedestrian and bike network of facilities. ..r 1.3. Review site survey information from Kent Public Works including three major areas Q defined in map above. 1.4. Conduct code research related to critical areas,stormwater management,and other civil engineering related items(excluding traffic-,structural-,and geotechnical-related codes) Packet Pg. 154 8.I.a Project Scope and Fee Summary M 1 T H U N Mill Creek Canyon Park Framework Plan 1726900 02.24.2022 Page 3 of 7 1.5. Desktop analysis utilizing existing GIS layers,site survey information,and publicly available data sources to create base plan graphics including site utilities,stormwater infrastructure both on and off site as it pertains to project goals. 1.6. Review other applicable codes and site-specific code requirements 2. Analysis 2.1. Assess and compile a visual representation,at two scales—city context and site context. Current conditions maps with narrative,outlining inventory and assessment findings and recommendations. 2.2. Review cultural resource assessment,provided by the city. Q c 2.3. Summarize the existing conditions of the public restroom facility based on city a assessment. L m 2.4. Develop park programming approach,integral to community engagement plan. v 3. Meetings Z 3.1. Assume 3 client meetings with team. Team to provide notes as needed 0 3.2. Weekly check-in meeting between Mithun PM and Parks PM as needed,to a maximum of 7 v 3.3. Coordination/information gathering meeting with EarthCorps and Kent Historical 0)0) Museum L U 3.4. Assume 3 site visits, 1 to include EarthCorps,Herrera to attend 1 site visit =_ L Deliverables: `° c A. Provide preliminary and final base plans&documentation of existing conditions including trail network B. Outline of Preliminary Inventory and Assessment documentation/recommendations in a CN series of slides or a memo. Emphasis on narrative that evolves through public outreach LO and early alternatives. M C. Provide Preliminary Analysis map at city scale and site scale m E Task B: Alternatives Development L (Approximately 17 weeks,October—February 2023) Q 1. Refine preliminary site analysis plans from Team/Client feedback 2. Develop Park principles and program approach from the early community outreach and analysis. 3. Development of two concept plan alternatives,sections,phasing consideration and precedent N r imagery for each of key site areas including trail network approaches. Explore locations for potential canyon scale bridges(up to 4 study areas to define 1-2 final locations)and creek/trail scale bridges(up to 3 study areas to define 1-2 crossings)) c 0 3.1.1. Earthworks Park V 3.1.2. SE Trailhead area(including Mendel and Ransom properties) 3.1.3. 100th PI SE ROW E 3.1.4. Gould property vicinity(Parcel 1922059077) 4. Develop stormwater strategies concept plan alternatives Q 5. Develop natural resource management approach strategies,integral to the concept alternatives. 6. Develop architectural renovation options for existing restrooms with a focus on replacing vegetated roof with roof deck access and propose new prefabricated restroom options for SE Trailhead area. Packet Pg. 155 8.I.a Project Scope and Fee Summary M 1 T H U N Mill Creek Canyon Park Framework Plan 1726900 02.24.2022 Page 4 of 7 7. Develop rough order of magnitude cost considerations for the alternatives 8. Integrate information from Public Meetings and community engagement to inform Alternatives and reflect community priorities. 9. Meet with Client Team(assume 4 meetings)and internal team as needed 10. Meet with Public Works and/or Transportation to discuss alternatives and mobility planning as needed E 11. Weekly check-in between Parks PM and Mithun PM as needed to a maximum of 6. L 12. Assume 2 site visits Q c Deliverables: a- A. Summary slides or memo of concept plan alternatives,including program and trail g network improvements B. Preliminary Cost Information for alternatives(class 3 landscape estimate) Z c 0 Task C: Final Framework Plan (Approximately 12 weeks,February-May-2023) Y 1. Incorporate feedback from surveys,community engagement,park committee,consultant,and client team regarding preferred direction for each concept plan area into the following: V 1.1. Executive summary 1.2. Enlargement plan and narrative of each focus area,refer to map above o 12 1.3. Updated stormwater and natural resource management strategies c 1.4. Two perspective sketches for each of the plan areas r 1.5. One diagrammatic Framework Plan of collection of parkfocus areas 1.6. Class 3 cost estimate,based on phasing CN 1.7. O+M estimate and plan with capital replacement estimate for park improvements M 1.8. Phasing plan diagrams c 2. Meet with Client Team(assume 3 meetings)and internal team as needed to a maximum of 5. 3. Weekly check-in between Parks PM and Mithun PM as needed L Deliverables: Q A. Draft Outline of Framework Plan B. Draft Framework Plan Document C. Final Framework Plan Document N r D. Final class 3 cost estimate c�a E. O+M estimate and plan/Capital replacement estimate for park improvements N c 0 Task D: Public Engagement v .r (Multiple Engagement and Multiple Events,24 weeks,August 2022-February 2023) On-going through the project,we will conduct a series of public engagement events to both generate interest and excitement for the project,and exchange and learn vital information about opportunities,constraints,possibilities,and concerns with the public to understand community Q priorities and barriers to park use. The breakdown of tasks includes: 1. Meeting(1)with Client team to understand specific planning goals and resources available. 2. Develop a public engagement plan in collaboration with City. Identify equitable strategies to reach marginalized populations. Packet Pg. 156 8.I.a Project Scope and Fee Summary M 1 T H U N Mill Creek Canyon Park Framework Plan 1726900 02.24.2022 Page 5 of 7 3. Develop concepts for community engagement visual look and feel and a set of interactive elements that can be reused at multiple community outreach events with Studio Matthews. Develop an interactive display for community engagement that is transportable. 4. Mithun will provide content for two community surveys. Survey content will be provided to the city and distributed through engagekentparks.com website. 5. Support digital city communications through preparation of figures. 6. Public Meeting#1: Initial workshop with a focus on community listening and information Q gathering. This will be built on the methods the City of Kent has used to share existing work, but may include interactive elements to gather feedback. Pop-up events,utilized to further engagement,should occur between public meetings 1 and 2 organized,led and attended by a L the city of Kent N 7. Public Meeting#2: Workshop to review design alternatives and solicit feedback from community on priorities,desired amenities,site configuration,phasing priorities,and preferred c points of connection to the surround community. 0, c 8. Public Meeting#3: Presentation of a preferred plan and discussion of refinements. V Y d Deliverables: A. Public Engagement Plan V B. Community engagement resources L C. Public Meeting 1 ,O D. Public Meeting 2,Herrera to attend 3 E. Public Meeting 3 F. Two surveys CN G. Summarize workshops,City engagements and survey results within Framework Plan LO Document M r c m E a� a� L Project Team a as U Mithun Team Leaders: Project Director: Deb Guenther N Project Manager/Landscape Architect: Steve Carlucci Landscape Architect: Dakota Keene Landscape Designer: Kasia Keeley 0 U Mithun Consultants: • Herrera Environmental Consultants—Environmental,Stormwater,Civil,Permitting E • Siteworks—Cost Estimating and Operations and Maintenance Planning c� • Studio Matthews—Graphic Design and Community Engagement Q • Structural Engineering—TBD,additional services will be identified as needed Assumptions: Packet Pg. 157 8.I.a Project Scope and Fee Summary M 1 T H U N Mill Creek Canyon Park Framework Plan 1726900 02.24.2022 Page 6 of 7 • Owner to provide base information and documentation in digital format for use in preparation of maps and diagrams • Input and deliverables provided to Mithun in a timely manner and according to the project schedule. • Preliminary cost information will be supplied to Siteworks for integration into formal cost projects. aEi • Unless specifically required or requested,Mithun will rely on the use of electronic a� documents and communications,including the documents produced at the end this Q project and not provide printed reports. coo • LEED/SITES or other sustainable rating tool documentation or assessment is not required a L at this phase of work N a) • Water budget assessment is not required at this phase of work Z • If additional information is needed for plan approval,additional services will be requested. r- 0 • Structural feasibility of proposed bridges/structures will be additional services after locations of potential bridges are identified in community engagement process. V • All public meetings are presumed to be in person. L Mithun will use Newforma for file organization and transmittal to Owner and team members V FEE SUMMARY : o 12 c 0 Task A:Inventory&Analysis r Mithun $45,898 N LO Herrera $27,494 CO r Subtotal $73,392 m E Task B:Alternatives Development L Mithun $77,744 Q m Herrera $15,157 Siteworks $8,625 ci r c Subtotal $101,526 f° Task C:Final Framework Plan 0 U Mithun $55,875 c a� Herrera $6,360 E t Siteworks $23,978 f° Q Subtotal $86,212 Packet Pg. 158 8.I.a Project Scope and Fee Summary M 1 T H U N Mill Creek Canyon Park Framework Plan 1726900 02.24.2022 Page 7 of 7 r c m E a� Task D:Public Outreach a� Mithun $45,773 Herrera $3,599 a L Studio Matthews $10,494 Subtotal $59,866 0 c Expenses v Y Not to Exceed $4,000 a� L Total $324,996 U 12 Mithun's administrative markup is 1.15 times Consultant charge(included in above). 0 r Reimbursable expenses,such as courier services,mileage,travel expenses,reprographic services, photography,long distance communications,and jurisdictional authority fees,beyond$4000. will CN require written approval from client. M r c m Optional Additional Services (not included above) • Professional renderings,created by an outside team for the purpose of marketing, a� promotions etc. N • Physical models • Design and fabrication of site-specific installations/pop-up kiosks beyond those produced s' a� for public meetings N r • Additional planning design studies,beyond the ones described above 0 • Extensive field measurements and production of as built documentation • Wayfinding design 0 • O+M baseline study v • Full or partial delineation of streams,wetlands,and critical areas • Meeting attendance, presentations,and neighborhood outreach beyond those meetings E t included above. c� .r Q Packet Pg. 159 8.I.a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance r c 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 a subcontractors. a L A. Minimum Scope of Insurance N Consultant shall obtain insurance of the types described below: 0 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. 12 2. Commercial General Liability insurance shall be written on c ISO occurrence form CG 00 01 and shall cover liability r arising from premises, operations, independent contractors, products-completed operations, personal injury and N advertising injury, and liability assumed under an insured o contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City 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 a 85 or a substitute endorsement providing equivalent coverage. a� 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. a 4. Professional Liability insurance appropriate to the Consultant's profession. U B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: a 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Packet Pg. 160 8.I.a EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 1,000,000 per claim. E a� a� L C. Other Insurance Provisions a c The insurance policies are to contain, or be endorsed to contain, the following a provisions for Automobile Liability and Commercial General Liability a� insurance: N 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. U a� 2. The Consultant's insurance shall be endorsed to state that coverage shall U, 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. 12 c 3. The City of Kent shall be named as an additional insured on all policies r (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as N additional insured shall be attached to the Certificate of Insurance. The o 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. a D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not cn less than ANII. r c �a E. Verification of Coverage c U Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. a Packet Pg. 161 8.I.a EXHIBIT B (Continued ) 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. a� a� L Q L C� C O U Y d N L U 12 Cr G N LO O M a+ C d E N N L Q V N r Y O V E V Q Packet Pg. 162 8.J KENT Wn 1 c N DATE: March 15, 2022 TO: Kent City Council SUBJECT: King County Conservation Futures Tax New Interlocal Agreement and Request of Funds for Mendel Property Acquisition - Authorize MOTION: I move to authorize the Mayor to sign all documents and take all action necessary to accept grant funds in the amount of $475,000 from the King County Conservation Futures Fund for the Mendel Property acquisition, amend the budget, and authorize expenditure of the funds, subject to terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: King County Conservation Futures Tax (CFT) levy funds are allocated throughout King County as a dedicated portion of property taxes for the acquisition of open space and natural resources lands. The Conservation Futures Citizens Committee makes funding recommendations to the King County Executive on an annual basis for funds to be distributed to cities and other entities through interlocal cooperation agreements. In 2020, Park staff applied for funding from the King County Conservation Futures Tax to assist with the Mendel Property acquisition. Through the Conservation Futures Tax, the city can apply for grant funding for half of the cost of acquisition. In 2020, we were awarded $325,000 from King County, and in 2021 through a reallocation of unused funding, we received an additional $150,000. King County adopted ordinance 18978, which authorized a new interlocal agreement. The city and county need to adopt this agreement prior to the expenditure of funds. BUDGET IMPACT: N/A SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 163 8.J Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Interlocal Agreement (PDF) 03/03/22 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 3/15/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner Packet Pg. 164 8.J.a c INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR CONSERVATION FUTURES-FUNDED OPEN SPACE ACQUISITION PROJECTS as a 0 L THIS INTERLOCAL COOPERATION AGREEMENT is a grant agreement a 6 entered into between the CITY OF KENT ("City") and KING COUNTY ("County"), L (collectively, "parties"). '0 y C Article I. Recitals Ui 4- 0 On February 27, 1989, the King County Council passed Ordinance 8867, which 0 a established a process to allocate the proceeds of the Conservation Futures Fund. On September 21, 1989, the King County Council passed Ordinance 9128, which a J established a Conservation Futures Levy Fund to provide for the receipt and z x disbursement of Conservation Futures tax levy proceeds and established conditions for M a� L use of the Fund, including conditions covering allowable costs and expenses. U_ On July 21, 2003, the King County Council passed Ordinance 14714, authorizing o 0 funding allocation procedures for King County Conservation Futures tax levy collections y c 0 and amending Ordinance 8867, Section 2, as amended. v Y The Conservation Futures Advisory Committee has recommended an allocation LO M of Conservation Futures proceeds to specific projects from the Conservation Futures c a� Levy Fund following notification to the cities that proceeds were available, provision of CD L an opportunity for the cities to respond and receipt by the committee of requests for a M 0 0 funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714. a_ c c CD E 1 � 0 a Packet Pg. 165 8.J.a c Starting in 1990 and through 2017, the King County Executive, as authorized by 0 the King County Council, executed Interlocal Cooperation Agreements with the cities of a Auburn, Bellevue, Black Diamond, Bothell, Burien, Carnation, Covington, Des Moines, a 0 L Duvall, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, a a� Mercer Island, Milton,Newcastle,Normandy Park,North Bend, Pacific, Redmond, L Renton, Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila, and Vashon Park '0 y C District. Many of these agreements were amended over time to add new projects. Ui 4- 0 The existing Interlocal Cooperation Agreements remain in place with an 0 a indefinite term for the projects for which Conservation Futures proceeds were disbursed. c The agreements require the properties to be maintained as open space in perpetuity. a J The King County Council, by Ordinance 18978, has approved a new Interlocal z x Cooperation Agreement for future projects in order to add terms for the use of bond M as L proceeds for certain projects, achieve consistency between the agreement and the King U- County Code, and make other technical changes. o W m Pursuant to chapter 39.34 RCW, the parties agree to the following: y c 0 Article II. Definitions v c.� Y 1. Open Space LO M The term"open space"or"open space land"means: (a) any land area so c as designated by an official comprehensive land use plan adopted by any city or county and CD L zoned accordingly; or(b) any land area, the preservation of which in its present use a M 0 0 would(i) conserve and enhance natural or scenic resources, or(ii)protect streams or c water supply, or(iii)promote conservation of soils, wetlands,beaches or tidal marshes, as E 2 0 a Packet Pg. 166 8.J.a c or(iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries, or other open space, or(v) enhance a recreational activities, or(vi)preserve historic sites, or(vii)preserve visual quality along a 0 L highway, road, and street corridors or scenic vistas, or(viii)retain in its natural state a a� tracts of land of not less than one acre situated in an urban area and open to public use on L such conditions as may be reasonably required by the legislative body granting the open '0 y C space classification, or(c) any land meeting the definition of"farm and agricultural land" Ui 4- 0 conservation under subsection(8) of RCW 84.34.020. As a condition of granting open 0 a space classification, the legislative body may not require public access on land classified c under(b) (iii) of this subsection for the purpose of promoting conservation of wetlands. a J 2. Project z x The term"Project"means the specific projects described in Exhibit A or IM a� L added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this U_ agreement. o 0 3. Conservation Futures y c 0 The term"Conservation Futures"means developmental rights which may v c.� Y be acquired by purchase, gift, grant, bequest, devise, lease or otherwise, except by LO M eminent domain, and may consist of fee simple or any lesser interest, development right, c as easement, covenant, or other contractual right necessary to protect,preserve, maintain, CD L improve restore, limit future use of, or otherwise conserve open space land, all in a M 0 0 accordance with chapter 84.34 RCW and chapter 26.12 of the King County Code a_ CD c ("K.C.C."). CD E 3 0 a Packet Pg. 167 8.J.a c Article III. Purpose of the Agreement 0 The purpose of this agreement is to create a cooperative arrangement between the a City and the County relating to the Project and to define the terms and conditions a 0 L governing both parties' obligations created by this agreement. (L a� Article IV. Term of Agreement L This agreement shall continue in full force and effect and be binding upon the '0 y C parties hereto upon execution of the agreement by both parties. The term of the Ui 4- 0 agreement shall be indefinite. The agreement will be terminated if the City is: 1)unable 0 a or unwilling to expend the proceeds provided through this agreement; 2)unable or c unwilling to satisfy the matching requirements contained in this agreement; and 3)upon a J reimbursement by the City to the County of all unexpended proceeds provided by the z x County pursuant to this agreement in the manner and amounts described below and M as L payment of all amounts due pursuant to Section 8.1. U_ Article V. Conditions of Agreement o 0 Section 5.1 —Project Descriptions. Proceeds available pursuant to this agreement y c 0 may be used only for the Projects listed in Exhibit A, such substituted Projects as may be Y approved by the County as set forth below, or Projects added by follow-on amendments LO M to disburse proceeds pursuant to Section 8.2 of this agreement. All County funded c as Projects must meet open space criteria as described in chapter 84.34 RCW and K.C.C. CD L chapter 26.12. a M 0 0 Section 5.2 Use of Proceeds. Proceeds provided to the City pursuant to this a_ CD c agreement as well as moneys provided by the City as match pursuant to this agreement as E 4 0 a Packet Pg. 168 8.J.a c may be used only to pay capital costs related to property acquisition. Those costs include 2 appraisals, title searches, negotiations, administrative overhead, and the cost of actual a acquisition or purchase options, and all other costs meeting the requirements of K.C.C. a 0 L 26.12.010. The City shall have the property valued by an appraisal performed by an a a� independent state-certified real estate appraiser with a current general real estate L appraiser license, and reviewed by an independent state-certified general real estate '0 y C appraiser. In requesting reimbursement of proceeds for the Project, the City shall Ui 4- 0 demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant 0 a to this agreement may not be used to purchase land obtained through the exercise of c eminent domain. 0 a J Section 5.3 —Completion/Substitution/Deletion of Projects. The City shall z x complete the Project described in Section 5.1 of this Agreement within a two-year period M as L from the effective date of the County ordinance appropriating funding for the Project. If 0 U_ the City does not meet this two-year requirement, unless the City demonstrates to the o 0 Advisory Committee a compelling reason for continuance of CFT funding for the Project y c 0 beyond the two-year limit or a reprogramming request is timely approved as provided for v c.� Y below, the County shall be released from any obligation to fund the Project, and the LO M County in its sole discretion may reallocate such proceeds for other projects in other c as jurisdictions. The City may submit specific requests for project reprogramming to the CD L County for its approval within the two-year period. All projects proposed for a M 0 0 reprogramming must meet open space criteria as described in chapter 84.34 RCW and a_ CD c K.C.C. chapter 26.12, be submitted for recommendation by the County's Advisory CD E 5 0 a Packet Pg. 169 8.J.a c Committee or its successor, and be approved by action of the King County Council. All 0 reprogramming requests shall be submitted to the County's Department of Natural a Resources and Parks, Open Space Acquisitions Unit, or its successor. a 0 L Section 5.4—Eminent Domain. If any Project requires the exercise of eminent a a� domain to acquire the property, all proceeds provided pursuant to this agreement plus L accrued interest on such proceeds shall be reprogrammed as provided in this agreement '0 y C or repaid to the County. U- 4- 0 Article VI. Responsibilities of the City 0 a Section 6.1 —Matching Requirements. Except for acquisitions of property c interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project funded by a J Conservation Futures Levy proceeds shall be supported by the City in which the Project z x is located with a matching contribution, which is no less than the amount of Conservation M as L Futures Levy proceeds allocated to the Project. This contribution may be in the form of 0 U- cash, land match with a valuation verified by an appraisal by an independent state- o 0 certified real estate appraiser with a current general real estate appraiser license, or the y c 0 cash value, excluding King County conservation futures contributions, of other open v c.� Y spaces acquired within the previous two years from the date of submittal of the 0 M application by the City. The appraisal, to be reviewed, shall have been performed within c as two years of the application deadline set for the annual allocation of conservation futures CD L tax levy proceeds under which the Property received funding. Properties considered as a M 0 0 land match or cash value of other open space acquisitions should be directly linked to the L- CD c property under application. Any City match, other than cash, shall require County CD E 6 0 a Packet Pg. 170 8.J.a c approval. County approval and County acceptance of the City's match will be 2 transmitted in writing to the City by the County's Designated Representative. a Section 6.2—Reporting. All proceeds received pursuant to this agreement and a 0 L accrued interest therefrom will be accounted for separately from all other City moneys, a a� accounts and moneys. Until the property described in the Project is acquired and all L proceeds provided pursuant to this agreement have been expended, the City shall provide '0 y C the reports required by K.C.C. 26.12.035. Ui 4- 0 Section 6.3 —Disposition of Remaining Proceeds. If the City does not expend all 0 a proceeds obligated to be provided through this agreement and no substitute project is c requested or approved as to the excess proceeds, such proceeds, if held by the City, shall a J be refunded to the County. For purposes of this section, "proceeds" shall include all z x moneys obligated to be provided by the County plus interest accrued by the City on such M as L moneys. Any proceeds in excess of those required to be provided by the County for the U- actual costs of the Project shall remain with the County for use in its sole discretion. o 0 Section 6.4—Maintenance in Perpetuity. Except as provided in this Section 6.4, y c 0 the City, and any successor in interest, agree to maintain properties acquired with v c.� Y proceeds provided pursuant to this agreement as open space in perpetuity and, as required LO M by the County, to include in the real property records notice of this restriction. Projects c as carried out by the City in whole or in part with funds provided for under the terms of this CD L agreement shall not be transferred or conveyed except by agreement with an agency or a M 0 0 nonprofit organization as defined in K.C.C. 26.12.003, which shall provide that the land a- CD c c CD E 7 0 a Packet Pg. 171 8.J.a c or interest in land shall be continued to be used for the purposes of K.C.C. chapter 26.12, and in strict conformance with the uses authorized under chapter 84.34 RCW. a The City shall not change the status or use of properties acquired with proceeds a 0 L provided pursuant to this agreement unless the City provides equivalent lands or cash in a a� exchange for the land to be changed to a different use. The land shall be valued in its L changed status or use, and not based upon its value as open space, and the replacement '0 y C land or payment amount must be approved by the County. If requested by the County, at Ui 4- 0 its own cost the City will provide the County an appraisal performed within the previous 0 a year by an independent state-certified real estate appraiser with a current general real c estate appraiser license. The value established by the appraisal will not be binding on the a J County. If the County approves replacement land, the City shall complete the z x replacement within one year of approval. If the County approves cash reimbursement, M as L the City shall pay the County within 90 days of approval. 0 U_ Section 6.5 —Tax Covenants. The City acknowledges that proceeds provided by o 0 the County for a Project may be proceeds of tax-exempt bonds (the "Bonds") subject to y c 0 certain requirements of the Internal Revenue Code of 1986, as amended(the"Tax v Y Code"), including any implementing regulations and any administrative or judicial LO M interpretations. The City will comply with Tax Code requirements, including those set c as forth in Exhibit B, which is incorporated herein, applicable to Bond-financed Projects CD L identified in Exhibit A, which is incorporated herein, as well as Bond-financed Projects a M 0 0 identified in subsequent amendments to this agreement. a_ CD c c CD E 8 0 a Packet Pg. 172 8.J.a c Article VII. Responsibilities of the County 0 Subject to the terms of this agreement, the County will provide Conservation a Futures Tax Levy proceeds in the amounts and for the Projects identified in Exhibit A as OM 0 L well as in those amounts and for those Projects identified in subsequent amendments to a a� this agreement. The City may request additional proceeds; however, the County has no L obligation to provide proceeds to the City in excess of the amount shown in Exhibit A. '0 y C The County assumes no obligation for future support of the Project described herein Ui 4- 0 except as expressly set forth in this agreement. 0 a Article VIII. Other Provisions c Section 8.1 —Hold Harmless and Indemnification. a J A. The County assumes no responsibility for the payment of any z x compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees, M as L contractors or others by reason of this agreement. The City shall protect, indemnify, and 0 U- save harmless the County, its officers, agents and employees from any and all claims, o 0 cost and whatsoever occurring or resulting from: 1)the City's failure to pay any (D c 0 compensation, fees, wages, benefits, or taxes; and 2)the supplying to the City of work, c.� Y services, materials or supplies by City employees, agents, or other contractors, or LO M suppliers in connection with or in support of performance of this agreement. c as B. The City further agrees that it is financially responsible for and will repay CD L the County all indicated amounts following an audit exception, which occurs due to the a M 0 0 negligent or intentional acts of this agreement by the City, its officer, employees, agents, c or representatives arising out of the performance of the terms of this agreement. CD E 9 0 a Packet Pg. 173 8.J.a c C. The City shall protect, indemnify, and save harmless the County from any and all costs, claims,judgments, or awards of damages, arising out of or in any way a resulting from the negligent acts or omissions of the City, its officers, employees, or a 0 L agents in the performance of its obligations under the terms of this agreement. For the a a� purposes of this agreement only, the City agrees to waive the immunity granted it for L industrial insurance claims pursuant to Title 51 RCW to the extent necessary to extend its '0 y C obligations under this paragraph to any claim, demand, or cause of action brought by or Ui 4- 0 on behalf of any employee, including judgments, awards, and costs arising therefrom 0 a including attorney's fees. D. To the extent permitted by law, and except to the extent caused by the sole a J negligence of the County, the City agrees, at its expense, to pay, and to indemnify and z x hold the County, its officers, employees or agents harmless of, from and against, any and IM as L all claims, damages, demands, losses, liens, liabilities, penalties, fines, taxes, lawsuits, W U_ and other proceedings and costs and expenses (including attorneys' fees) of every o W 0 conceivable kind, character or nature whatsoever, arising directly or indirectly from or y c 0 out of, or in any way connected with any examination or audit of any Bond issued to v c.� Y finance or refinance costs of any Bond-financed Project identified in Exhibit A as well as LO M Bond-financed Projects identified in subsequent amendments to this agreement by the c a� Internal Revenue Service, or any determination by the Internal Revenue Service or a CD L court of competent jurisdiction that the interest on any such Bond is or should be subject a M 0 0 to federal income taxation; provided, however, that the City shall not be liable for any c payment made by the County with respect to any settlement of any such examination or as E 10 0 a Packet Pg. 174 8.J.a c audit, or of any other proceeding related thereto, entered into without the consent of the 2 A 3 City. a Section 8.2—Amendment. The parties reserve the right to amend or modify this a 0 L agreement. Amendments or modifications to disburse proceeds approved by the County a a� Council must be by written instrument signed by the parties substantially in the form of L Exhibit C. Other amendments also must be approved by the respective City and County '0 y C Councils. Ui 4- 0 Section 8.3 —Contract Waiver. No waiver by either party of any term or 0 a condition of this agreement shall be deemed or construed to be a waiver of any other term c or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any a J subsequent breach whether of the same or different provision of this agreement. No z x waiver shall be effective unless made in writing. IM as L Section 8.4—Entirety. This agreement is the complete expression of the terms U- hereto and any oral representations or understandings not incorporated are excluded. o 0 This agreement merges and supersedes all prior negotiations, representations and (D c 0 agreements between the parties relating to the Project and constitutes the entire v c.� Y agreement between the parties. The parties recognize that time is of the essence in the LO M performance of the provisions of this agreement. c as E CD 0 L 0) IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed a their names in the spaces set forth below: c L as c c CD E 11 � 0 a Packet Pg. 175 8.J.a c 0 .N s KING COUNTY CITY OF KENT a as a 0 L Dow Constantine Dana Ralph King County Executive Mayor o 4- y Date: Date: c Acting under the authority of Acting under the authority of Ui Ordinance 18978 Ordinance o as a Approved as to form: Approved as to form: m a J_ 3 m Dan Satterberg Patrick Fitzpatrick x King County Prosecuting Attorney City Attorney as L U- m 0 U V Y M LO 0 M C E N d L Q V L cD C 12 Q Packet Pg. 176 8.J.a EXHIBIT A 0 CONSERVATION FUTURES LEVY CITY OF KENT ALLOCATIONS 2020 AWARD AND 2021 REALLOCATION a as a Jurisdiction Project Allocation a a� Kent Upper Mill Creek Canyon $325,000 Expansion(2020 award) L 0 Kent Upper Mill Creek Canyon $150,000 n Expansion(2021 reallocation) 3 U_ 4- TOTAL $475,000 a� a a� o: Project Description: 0 Project#1134923 Master/Award #1136977: Kent—Upper Mill Creek Canyon Expansion (2020 award) 3 The City of Kent seeks to acquire a 2.25-acre parcel that is adjacent to the 110-acre Mill z Creek Canyon Park. Together with an adjacent 3-acre parcel for which the city was M awarded FY 2019 CFT funding, the parcels will become a new southern entryway and trailhead for Mill Creek Canyon Park. The creation of an upper trailhead will be a valuable connection between Mill Creek Canyon, downtown Kent, and nearby U_ neighborhoods. Project funding was authorized in King County Ordinance 19021. c 0 Is this a Bond-financed Project? Yes c 0 U Project#1134923 Master/Award #1136977: Kent—Upper Mill Creek Canyon v Y Expansion (2021 Reallocation) This reallocation award builds on the 2020 award described above, and has the same c project description. Project funding was authorized in King County Ordinance 19364. c as Is this a Bond-financed Project? Yes E a) L Q M V L cD C V Q 13 Packet Pg. 177 8.J.a EXHIBIT B 0 Tax Covenants s The City acknowledges that proceeds provided by the County for the Project may be proceeds of Bonds subject to certain requirements of the Tax Code. The City will take all actions with respect to the Project, and proceeds received for the Project, necessary to 0 assure the exclusion of interest on the Bonds from the gross income of the owners of the a Bonds, including but not limited to the following: c a� (a) Expenditure of Proceeds. The City will expend proceeds of the Bonds o received from the County for capital expenditures for federal income tax purposes within — Ch the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to pay,or reimburse the City for,Project capital expenditures or to repay interim indebtedness Ui incurred for capital expenditures of the Project. o as (b) Notice. The City will provide notice of action taken or planned to issue any a tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness, to finance Project costs. M (c) Treatment as Grant. J_ 3 (1) The City is a governmental entity possessing substantial taxing, z eminent domain and police powers and constituting a political M subdivision of the State. a� L (2) The City is not acting as an agent of the County. c (3) The grant of proceeds for the Project does not impose any obligation or condition to directly or indirectly repay any amount to the County (excluding obligations or conditions intended solely to assure expenditure of the transferred moneys in accordance with the o U governmental purpose of the transfer). Y (4) The grant is required to be used for open space as required underLO Article II but does not impose any conditions relating to the use of the M Project or other property of the City by the County or any of its agencies or authorities. E CD as (5) This agreement is a grant agreement. a (d) Limitations on Disposition of Project. The City will not sell or otherwise c dispose of any components of the Project without prior approval by the County and compliance with timeframes for completion of land replacement or cash reimbursement as provided in Section 6.4. as E (e) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bond proceeds received and with respect to the 2 a 14 Packet Pg. 178 8.J.a Project for at least three years after the Bonds mature or are redeemed as provided in the amendment granting such Bond proceeds to the City. (f) Cooperation. The City will provide tax certificates when and as requested by the County or County's bond counsel in order to establish or maintain the tax-exempt status Q of the Bonds. The City will cooperate in any audit of the Bonds by the Internal Revenue Service, including disclosure of any record, contracts and other materials relating to the c Bond proceeds received by the City and the Project. a a� a� L O y C 7 LL 4- 0 N d 7 d C R Q J_ 3 m z x M H m L U_ O M O U V Y M LO 0 M C O E N d L Q M 0 O L cD C V Q 15 Packet Pg. 179 8.J.a EXHIBIT C 0 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF a FOR OPEN SPACE ACQUISITION PROJECTS as a 0 L Preamble a 6 The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This o amendment is entered into to provide for the allocation of additional proceeds made 4- available for open space acquisition. U- THIS AMENDMENT is entered into between the CITY OF and o KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the day of(Month), a () ear), as previously amended. c The parties agree to the following amendment: a J The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached z hereto. x 0 In all other respects, the terms, conditions, duties and obligations of both parties shall L remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. - c 0 Once fully executed, this Amendment shall be incorporated into the existing Interlocal M Cooperation Agreement as if fully set forth, and shall become Amendment_ y c 0 IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: Y M KING COUNTY CITY OF 0 0 M C E N d L Dow Constantine a King County Executive Mayor c L m Date: Date: c Approved as to form: Approved as to form: E 0 a 16 Packet Pg. 180 8.J.a c O An Dan Satterberg U King County Prosecuting Attorney City Attorney L Q O L C� C L O W N C 3 LL 4- 0 r N d 7 d C R Q J_ 3 m z x m L LL O O U U Y M 0 M C N N N L Q R V O L V Q 1 / Packet Pg. 181 8.J.a EXHIBIT 1 0 [YEAR] CONSERVATION FUTURES LEVY PROCEEDS CITY OF ALLOCATION a Jurisdiction Project Name (Project Number) Allocation a 0 L [City Name] [Project Name] ([Project $ Number]) a� TOTAL $ o y C 7 LL Project Description: — (Project Number]1Ci . Name] — [Project Name] a [Project Description used in legislation approving proceeds] c Is this a Bond-financed Project? a J_ 3 m z x 0 H m L U_ O M 0 U V Y M LO 0 M C E 0 0 L a M 0 L c� C M 0 a 18 Packet Pg. 182 8.K KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: Milwaukee II Levee Improvements Project - Amendment to Contract for Property Negotiation and Relocation Services - Authorize MOTION: I move to authorize the Mayor to sign a contract amendment for property acquisition and relocation services with Tierra Right of Way Services, Ltd., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City must acquire property from Amrik Commercial Rentals, conducting business as A-1 Pallets, located at 7752 S. 2591" St. (APN 000660-0082) ("Property") to construct the Milwaukee II Levee Improvements Project ("Project"). The Project will reduce major flood risk impacts to roadways and properties in the Kent Valley. The City and the King County Flood Control District ("Flood District") entered into an interlocal agreement on June 28, 2016, to cooperatively study available design alternatives for the Project and acquire property needed to construct the Project. The agreement was amended on September 10, 2020, to authorize the acquisition of additional property needed for the Project. On September 7, 2018, the City signed a contract with Tierra Right of Way Services, Ltd. ("Tierra") to provide acquisition and relocation services for properties needed for the Project, and later amended the contract to add services for the Signature Pointe Levee Improvements Project. While properties have been acquired and owners have been relocated under this contract, others have required additional funds to complete the acquisition and relocation processes, as required under the Uniform Relocation Assistance and Real Property Policies Act of 1970 (49 CFR Part 24) ("Uniform Act"). Under the Uniform Act, the City is also required to make an offer to purchase an additional parcel owned and used to conduct the business of A-1 Pallets, located at 1100 5t" Avenue S. (APN 000660-0079) to the north of the Property. The acquisition and relocation of the A-1 Pallets Property is complicated due to the size of the Property and the complexity of the business. Tierra has already begun negotiating under the original contract and its previous amendments, but negotiations stalled and the acquisition process was delayed while the amendment Packet Pg. 183 8.K to the interlocal agreement with the Flood District was finalized and other Flood District matters took priority. The City and the Flood District are now ready to move forward with the acquisition of the Property. Tierra has provided an estimate of $95,805.42 to complete these services. Together with the original contract and its amendments, this amendment will exceed the Mayor's authority to approve amendments collectively within 20% or $200,000 of the original contract. BUDGET IMPACT: Property acquisition costs will be paid out of the Milwaukee II Levee Improvements Project, which is funded through the interlocal agreement with the King County Flood Control District. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Amendment (PDF) 03/07/22 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 3/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 184 8.K.a • KEN T W A S H I N G T O N AMENDMENT NO. 6 NAME OF CONSULTANT OR VENDOR: Tierra Right of Way Services, Ltd. CONTRACT NAME & PROJECT NUMBER: Milwaukee II Levee ORIGINAL AGREEMENT DATE: September 7, 2018 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or o Vendor's work is modified as follows: y c 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add E additional work or revise existing work as follows: E L 0- In addition to work required under the original Agreement and any prior E Amendments, the Consultant or Vendor shall: a� J Complete the A-1 Pallet's Acquisition and Relocation files. For a - description, see the Consultant's Scope of Work which is Y attached as Exhibit A and incorporated by this reference. 3 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: LO 0 M Original Contract Sum, $39,811 including applicable WSST Net Change by Previous Amendments $128,889.02 c including applicable WSST E Current Contract Amount $168,700.02 Q including all previous amendments E Current Amendment Sum $95,805.42 r Applicable WSST Tax on this $0 Q Amendment Revised Contract Sum $264,505.44 AMENDMENT - 1 OF 2 Packet Pg. 185 8.K.a Original Time for Completion 12/31/19 (insert date) Revised Time for Completion under 1/3/23 prior Amendments (insert date) Add'1 Days Required (f) for this 179 calendar days Amendment Revised Time for Completion 7/1/23 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract o acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise a provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. E a� All acts consistent with the authority of the Agreement, previous Amendments (if any), and a this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. J The parties whose names appear below swear under penalty of perjury that they are Y authorized to enter into this Amendment, which is binding on the parties of this contract. 3 IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. Ln LO 0 M CONSULTANT/VENDOR: CITY OF KENT: c as E By: By: a (signature) (signature) E Mack Dickerson Print Name: Dana Ralph a Print Name: •• r Its Vice President Its Mayor (title) (title) E DATE: 01/27/2022 DATE: a ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department Tierra Right of Way Services,Ltd.-Milwaukee II Levee/A-1 Pallets AMENDMENT - 2 OF 2 Packet Pg. 186 8.K.a Tt e rra Exhibit A A C L S C 0 M P A N Y January 5, 2022 Cheryl Rolcik-Wilcox Property&Acquisition Specialist City of Kent 400 West Gowe St. Kent,WA 98032 d 0 L a RE: City of Kent,Milwaukee II Levee Project Public Works Project #16-3006 Right of Way Acquisition and Relocation Services Amendment #6 0 L Q E Dear Cheryl, m Enclosed is the cost estimate to complete the A-1 Pallet's Acquisition and Relocation files. Services to be performed in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Uniform Act) (49 CFR Part 24) as well as the statutes found in Chapter RCW 3 8.26. and Washington State law, specifically Chapter 8.26 of the Revised Code of Washington (RCW) 3 and the Seattle Municipal Code, Chapter 20.84. For purposes of scoping and cost,Tierra assumes the following: c M • Tierra's work with A-1 Pallets to be completed by the end of the 2nd quarter of 2023, c approximately 18 months. E • Our Project Manager,Melinda Burkhart,will continue to be the negotiator and manage c m the project. E • Our ROW Division Manager,Leslie Findlay,will participate in the relocation reviews Q and submittals. as E The pricing contained herein is valid for 90 days. Tierra's team looks forward to working with you to complete this project. a Sincerely, JL"- /�7 Leslie Findlay, SR/WA,R/W-RAC Right of Way Operations Manager Designated Broker,Pacific Northwest 360-870-0190 Tierra Right of Way Services, Ltd. Leslie Findlay, Designated Broker 8685 Martin Way East, Suite 203 • Lacey, Washington 98516 • Phone: 206.363.1556 Right of Way • Cultural Resources • Environmental Planning Toll Free: 800.887.0847 • www.tierra-row.com Packet Pg. 187 8.K.a CONSULTANT FEE DETERMINATION - SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. City of Kent, Milwaukee Direct Labor Classification Hours Salary OH Fixed Fee Total Total Amount Complete A-1 Pallet's Acq&Relocation Direct Rate Billing Rate 136.91% 30.00% Division Manager 1 $ 69.72 $ 95.45 $ 20.92 $ 186.09 $ 186.09 ROW Division Manager 99.00 $ 59.23 $ 81.09 $ 17.77 $ 158.09 $ 15,650.99 Project Manager 160.00 $ 52.88 $ 72.40 $ 15.86 $ 141.14 $ 22,582.72 0 Senior Right of Way Agent 450.00 $ 39.50 $ 54.08 $ 11.85 $ 105.43 $ 47,443.25 a Senior Right of Way Agent 36.00 $ 45.67 $ 62.53 $ 13.70 $ 121.90 $ 4,388.32 Right of Way Agent 0.00 $ 34.00 $ 46.55 $ 10.20 $ 90.75 $ - Adm. Project Coordinator 54.00 $ 27.00 $ 36.97 $ 8.10 $ 72.07 $ 3,891.55 800 $ 94,142.92 0 a E Direct Reimbursables a� Travel (Mileage): 2,500 Miles $ 0.585 $ 1,462.50 Postage 20 Total $ 10.00 $ 200.00 = a� d Y Direct Reimbursables Subtotal: $ 1,662.50 c� 3 Total Maximum Amount Payable $ 95,805.42 uO LO 0 M a+ C d E C d E Q r C E L V fC a+ Q Packet Pg. 188 A�® CERTIFICATE OF LIABILITY INSURANCE DA�E/23/2o2K.a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Robin Strauss RSC Insurance Brokerage, Inc. H No O Ext: (212)669-5400 FAXAI No: (212)669-5917 750 Third Avenue E-MAIL ADDRESS: rstrauss@risk-strategies.com Suite 1500 INSURERS AFFORDING COVERAGE NAIC# New York NY 10017 INSURERA:Hanover Insurance Company 22292 INSURED INSURER B:Allmerica. Financial Benefit Ins 41840 Tierra Right of Way Services, Ltd. INSURER C:Evanston Insurance Cc 35378 1575 E. River Road INSURER D: Suite 201 INSURER E, a+ Tucson AZ 85718 L) INSURER F: d COVERAGES CERTIFICATE NUMBER:CL2172324341 REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD d INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS to r CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP N LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS 4) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,( 0 A CLAIMS-MADE OCCUR DAMAGE TO RENTED 1,000,( CL PREMISES Ea occurrence $ E X ZHN 9219850 11 7/25/2021 7/25/2022 MED EXP(Any one person) $ 10,t PERSONAL &ADV INJURY $ 1,000,( ; GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,( J X POLICY PRO F_� LOC PRODUCTS-COMP/OP AGG $ 2,000,( JECT N OTHER: $ N AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,( Y Ea accident 3 A AUTO X BODILY INJURY(Per person) $ 3 ANY AUTO ALL OWNED SCHEDULED X AHND94379503 7/25/2021 7/25/2022 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident LO $ LLO O X UMBRELLA LAB N OCCUR EACH OCCURRENCE $ 5,000,( v A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,( DED RETENTION $ UHN 9121798 11 7/25/2021 7/25/2022 $ iy WORKERS COMPENSATION X PER OTH- E AND EMPLOYERS'LIABILITY Y/N ISTATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,( d OFFICER/MEMBER EXCLUDED? ❑ NIA B (Mandatory in NH) WMN D173585 05 7/25/2021 7/25/2022 E.L.DISEASE-EA EMPLOYEE $ 1,000,( Q If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000, C C Professional-Claims Made-Retro MKLV7PL0004860 7/25/2021 7/25/2022 Each Occurrence/Aggregate 3,000,( 0) Date-5/11/1998 - 7/31/2019 for $1M x/0 $2M E V DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is included as additional insured under the General Liability and Automobile Liability Q coverage as required by written contract, per policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 400 West Gowe Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Michael Ch--stian/LZF �� -, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet Pg. 189 ZHN 9219850 11 8•K.a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract,Agreement or Permit Included r L) m 0 L E O L Q E d 7 J N N Y 3 R 3 LO LO 0 M a+ C d This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. Q 1. Additional Insured by Contract, Agreement or (1) "Your work" for the additional insured(s) r- Permit designated in the contract, agreement or E The following is added to SECTION II — WHO IS permit; AN INSURED: (2) Premises you own, rent, lease or occupy; a Additional Insured by Contract, Agreement or or Permit (3) Your maintenance, operation or use of a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above: add an additional insured on your policy is an (1) Only applies to the extent permitted by additional insured only with respect to liability law; and for "bodily injury', "property damage", or "personal and advertising injury" caused, in (2)Will not be broader than the insurance which whole or in part, by your acts or omissions, or you are required by the contract, the acts or omissions of those acting on your agreement or permit to provide for such behalf, but only with respect to: additional insured. 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 2 Packet Pg. 190 8.K.a (3) Applies on a primary basis if that is advertising injury' involved the rendering required by the written contract, written of or failure to render any professional agreement or permit. services by or for you. (4) Will not be broader than coverage d. With respect to the insurance afforded to provided to any other insured. these additional insureds,the following is added to SECTION III — LIMITS OF INSURANCE: (5) Does not apply if the "bodily injury", "property damage" or "personal and The most we will pay on behalf of the advertising injury" is otherwise excluded additional insured for a covered claim is the from coverage under this Coverage Part, lesser of the amount of insurance: including any endorsements thereto. 1. Required by the contract, agreement or c. This provision does not apply: permit described in Paragraph a.; or (1) Unless the written contract or written 2• Available under the applicable Limits of agreement was executed or permit was Insurance shown in the Declarations. issued prior to the "bodily injury', "property This endorsement shall not increase the damage", or "personal injury and applicable Limits of Insurance shown in the advertising injury". Declarations. a (2) To any person or organization included as r an insured by another endorsement issued by us and made part of this E Coverage Part. c (3) To any lessor of equipment: 0- (a) After the equipment lease expires; or E m (b) If the "bodily injury', "property > damage", "personal and advertising � injury' arises out of sole negligence of = the lessor Y (4) To any: (a) Owners or other interests from. whom 3 land has been leased which takes place after the lease for the land ex- pires; or LO (b) Managers or lessors of premises if: M (i) The occurrence takes place after you cease to be a tenant in that premises; or c (ii) The "bodily injury", "property damage", "personal injury" or Q "advertising injury" arises out of structural alterations, new con- struction or demolition operations E performed by or on behalf of the manager or lessor. a (5) To "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence" which caused the"bodily injury'or"property damage" or the offense which caused the "personal and 421-2915 06 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 Packet Pg. 191 The LEE] Ha no Insurance Group- AHND94379503 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION II - agreement or written permit; or LIABILITY COVERAGE, Paragraph A.1. Who Is (2) The Limits of Insurance for Liat An Insured: Coverage shown in the Declarati Additional Insured if Required by Contract applicable to this Coverage Part. If you agree in a written contract, written Such amount shall be part of and not in additioi agreement or written permit that a person or the Limits of Insurance shown in the Declarati o organization be added as an additional applicable to this Coverage Part. Regardless of a "insured" under this Coverage Part, such number of covered "autos", "insureds", premii w person or organization is an "insured"; but only paid, claims made or vehicles involved in to the extent that such person or organization "accident", the most we will pay for the total qualifies as an "insured" under paragraph A.1.c. all damages and "covered pollution cost > of this Section. expense combined resulting from any one accid o If you agree in a written contract, written is the Limit of Insurance for Liability Coverage sh, a y g in the Declarations. E agreement or written permit that a person or organization be added as an additional B. The following is added to SECTION I'v "insured" under this Coverage Part, the most BUSINESS AUTO CONDITIONS, Paragraph d we will pay on behalf of such additional General Conditions, subparagraph 5. O "insured" is the lesser of: Insurance: _ a� (1) The Limits of Insurance for liability coverage specified in the written contract, written 3 LO LO 0 M a+ C d E C d E Q r C N E L V f� a+ Q ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc.,with its permission P Packet Pg. 192 8.L KENT 0, 1 cN DATE: March 15, 2022 TO: Kent City Council SUBJECT: SCADA Communication Equipment Agreement with Accu- Comm, Inc. - Authorize MOTION: I move to authorize the Mayor to sign an agreement with Accu- Comm, Inc., in the amount of $101,022.43, for the purchase of SCADA communication system components, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Supervisory Control And Data Acquisition (SCADA) is a set of software and hardware components which allows the City to gather, monitor, record and process real-time data, then utilize the data to remotely direct pumps, valves, and motors. This contract is for the purchase of replacement communication equipment of the SCADA system, which is at the end of its service life. BUDGET IMPACT: This is a budgeted item funded by the three utilities (water, sewer, and storm utilities) that utilize SCADA systems. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Accu-Comm - SCADA Equipment Agreement (PDF) 03/07/22 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 3/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 193 8.L.a 400�1.0�. 4 KENT W A s H-T o N GOODS & SERVICES AGREEMENT between the City of Kent and Accu-Comm, Inc. L THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation a (hereinafter the "City"), and Accu-Comm, Inc. organized under the laws of the State of Washington, located and doing business at 9504 180th Street SE, Snohomish, WA 98296, Phone: (360) 668-6760, E Contact: Michael Bingaman (hereinafter the "Vendor"). 3 a w AGREEMENT o c� I. DESCRIPTION OF WORK. .E The Vendor shall provide the following goods and materials and/or perform the following services E for the City: o U a 0 The Vendor shall deliver and supply SCADA communication equipment. For a copy of the U Vendor's proposal, see Exhibit A which is attached and incorporated by this reference. �!? v LO 0 M C N E N N L Q The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, E materials, and services through other sources. E w II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall o complete the work and provide all goods, materials, and services by December 31, 2022. a U III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred N One Thousand, Twenty Two Dollars and Forty Three Cents ($101,022.43), including applicable Washington E State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall 0 pay the Vendor the following amounts according to the following schedule: 3 U U Q Vendor shall be paid after delivery of the equipment listed in Exhibit A. c CD E c� a GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 194 8.L.a Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. E A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is a unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable a costs, including legal costs and attorney fees, incurred by the City beyond the maximum a Agreement price specified above. The City further reserves its right to deduct these W additional costs incurred to complete this Agreement with other sources, from any and all o amounts due or to become due the Vendor. E B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL 3 CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE E E AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT v IS MADE. Q 0 IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- U Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in U) accordance with Ch. 51.08 RCW, the parties make the following representations: „ 0 M A. The Vendor 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. E a� B. The Vendor maintains and pays for its own place of business from which the Vendor's ;v services under this Agreement will be performed. Q c C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City .Q- retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that W involved under this Agreement. a U D. The Vendor is responsible for filing as they become due all necessary tax documents N with appropriate federal and state agencies, including the Internal Revenue Service E and the state Department of Revenue. o U E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's Q business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. E F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. a V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 195 8.L.a VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall a proceed with the amended work upon receiving either a written amendment from the City or an oral order E from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent a amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. a The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate w acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the o Vendor 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 •2 work, either covered or affected by the change. E VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or v failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, a flood, or other natural disaster or acts of government ("force majeure event"). Performance that is a prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both N parties represent to the other that at the time of signing this Agreement, they are able to perform as .. required and their performance will not be prevented, hindered, or delayed by the current COVID-19 „ pandemic, any existing state or national declarations of emergency, or any current social distancing M restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. a E aV If any future performance is prevented or delayed by a force majeure event, the party whose W performance is prevented or delayed shall promptly notify the other party of the existence and nature of Q the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in E performance and, provided, that the party prevented or delayed has not caused such event to occur and .2- continues to use diligent, good faith efforts to avoid the effects of such event and to perform the �0' obligation. W a 0 Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City v shall not be liable for, the payment of any part of the contract price during a force majeure event, or any T costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. E Performance that is more costly due to a force majeure event is not included within the scope of this Force o Majeure provision. U 3 V If a force majeure event occurs, the City may direct the Vendor to restart any work or Q performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the E extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be a borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) Packet Pg. 196 8.L.a giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor 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 Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. r c FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN E THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN L ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED a BY THAT DELAY. r c a� A. Notice of Claim. Provide a signed written notice of claim that provides the following E information: 3 a W 1. The date of the Vendor's claim; o 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 E 5. An analysis of the progress schedule showing the schedule change or v disruption if the Vendor is asserting a schedule change or disruption. Q 0 B. Records. The Vendor shall keep complete records of extra costs and time incurred as a U result of the asserted events giving rise to the claim. The City shall have access to any of U) the Vendor's records needed for evaluating the protest. LO M 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. E m L C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed Q promptly to provide the goods, materials and services required by the City under this Agreement. a D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor =0' also waives any additional entitlement and accepts from the City any written or oral order W (including directions, instructions, interpretations, and determination). o Q U E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this N section, the Vendor completely waives any claims for protested work and accepts from the E City any written or oral order (including directions, instructions, interpretations, and o determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING Q FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. E c� X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work a provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Packet Pg. 197 8.L.a should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. r c XI. DISCRIMINATION. In the hiring of employees for the performance of work under this E Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national a 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. a The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy a Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the w attached Compliance Statement. o c� XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, •2 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 Vendor's E performance of this Agreement, except for that portion of the injuries and damages caused by the City's v negligence. a 0 The City's inspection or acceptance of any of the Vendor's work when completed shall not be N grounds to avoid any of these covenants of indemnification. v LO IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION M PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. E a� m L In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made Q pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and .t- reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful =0' refusal on the Vendor's part. a 0 The provisions of this section shall survive the expiration or termination of this Agreement. v XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, i insurance of the types and in the amounts described in Exhibit B attached and incorporated by this o reference. L) U XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary Q precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to E materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. a 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. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) Packet Pg. 198 8.L.a 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 a and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in E 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 a in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or r 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. a D. Written Notice. All communications regarding this Agreement shall be sent to the parties at w the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written o 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 •2 Agreement or such other address as may be hereafter specified in writing. E E. Assignment. Any assignment of this Agreement by either party without the written consent G of the non-assigning art shall be void. If the non-assigning art gives its consent to an assignment, v 9 9 P Y 9 9 party 9 Y Q the terms of this Agreement shall continue in full force and effect and no further assignment shall be a made without additional written consent. U 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 M and the Vendor. c a� G. Entire Agreement. The written provisions and terms of this Agreement, together with any E Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative Iv of the City, and such statements shall not be effective or be construed as entering into or forming a part Q 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. 2- H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal w laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's a business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of v the performance of those operations. N E I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the E Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, 00 emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the Q City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. E J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of a the Kent City Code. GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 199 8.L.a K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. E as a� L VENDOR: CITY OF KENT: a r c as By: By: Q Print Name: Print Name: Dana Ralph W c 0 Its Its Mayor .E DATE: DATE: E 0 U NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Q 0 Q VENDOR: CITY OF KENT: U Michael Bingaman Chad Bieren LO Accu-Comm, Inc. City of Kent M 9504 180th Street SE 220 Fourth Avenue South .� Snohomish, WA 98296 Kent, WA 98032 CD (360) 668-6760 (telephone) (253) 856-5500 (telephone) a� N/A (facsimile) (253) 856-6500 (facsimile) Q c APPROVED AS TO FORM: E a .3 w Q Kent Law Department Q U ATTEST: U 0 U Kent City Clerk U Q c CD E U c� Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 200 8.L.a 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 a 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. .2- 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 r- determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: E 1. I have read the attached City of Kent administrative policy number 1.2. U a 2. During the time of this Agreement I will not discriminate in employment on the basis of a sex, race, color, national origin, age, or the presence of all sensory, mental or physical N disability. LO 0 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 a employer. E a� L 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and Q promotion of women and minorities. E 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 w above. o a By signing below, I agree to fulfill the five requirements referenced above. ai E E By: U 3 U For: Q c Title: E Date: a EEO COMPLIANCE DOCUMENTS - 1 of 3 Packet Pg. 201 8.L.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 r c as E as as L SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 a CONTRACTORS APPROVED BY Jim White, Mayor as E POLICY: a a w Equal employment opportunity requirements for the City of Kent will conform to federal and o 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: E 1. Provide a written statement to all new employees and subcontractors indicating 0 commitment as an equal opportunity employer. o Q 2. Actively consider for promotion and advancement available minorities and women. cvn Any contractor, subcontractor, consultant or supplier who willfully disregards the City's M 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. E a� 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. Q as 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these E regulations are familiar with the regulations and the City's equal employment opportunity policy. w Q 0 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. U) E 0 U 3 U v Q c E t ca Q EEO COMPLIANCE DOCUMENTS - 2 of 3 Packet Pg. 202 8.L.a 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. a� E L I, the undersigned, a duly represented agent of a r Company, hereby acknowledge and declare that the before-mentioned company was the prime E contractor for the Agreement known as that was entered into on .2- the (date), between the firm I represent and the City of w c Kent. ° .E E I declare that I complied fully with all of the requirements and obligations as outlined in the City E U of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity a 0 Policy that was part of the before-mentioned Agreement. LO 0 M By: E For: L a, Q Title: c aD E Date: .3 s w a 0 a U E 0 U 3 v Q r c E t R Q EEO COMPLIANCE DOCUMENTS - 3 of 3 Packet Pg. 203 EXHIBIT A Supplying SCADA Communication Equipment PROPOSAL FORM The undersigned hereby proposes to provide all new and undamaged equipment and materials, shipping cost and all other cost associated to perform the service as specified in Appendix A - Technical Specifications in this contract document for the following fees: E Bidder's Name: ACLU-COMM, INC. a c Item Quantity Description Unit Total E Price a w 1 4 UHF Viper SC+ RF modem, 450-512 MHz, $ 1 ,353.75 $ 5,415.00 0 EACH dual port, 6.25-50KHz, includes power cable Per EA and 6-foot Ethernet RJ45 CAT 6 cable as c manufactured by Nextgen RF Design; Model E Number 140-5048-503 E 0 U FOB Destination a 0 a U 2 60 UHF Viper SC+ RF modem, 450-512 MHz, $ 1 ,211 .25 $ 72,675.00 c EACH single port, 6.25-50KHz, includes power cable Per EA and 6-foot Ethernet R345 CAT 6 cable as manufactured by Nextgen RF Design; Model Number 140-5048-502 L FOB Destination Q c as E Q. 3 56 48" RF pigtail TNC-male to N- Male. (connects $ 57.00 $ 3,192.00 w EACH radio to lightning arrestor) as manufactured Per EA a by Nextgen RF Design; Model Number 250- a 0697-104 v FOB Destination E E 0 U 3 4 2 48" power cable; SMA male RA to N male $ 76.00 $ 152.00 uU EACH (adapts integra radio to viper) as Per EA a manufactured by Nextgen RF Design; Model Number 697-5000-106 E FOB Destination a Packet Pg. 204 ACCU-CONMM, INC. Item Quantity Description Unit Total Price 5 3 Power amplifier, low profile, 40 watts for 10 $ 712.34 $ 2,137.0. EACH watts, continuous duty, 19" rack mount, N-F Per EA connectors, no t/r relay as manufactured by Henry Radio; Model Number C40D10RS r c FOB Destination E as a� L Q 6 60 DC passing lightning arrestor; can be used as $ 54.00 $ 3,240.0( EACH panel mount or bulkhead fitting. as Per EA E manufactured by Polyphaser; Model Number GT-NFF-AL w c 0 FOB Destination .E 7 2 Antenna switch, solid state, N-female as $ 1 ,414.59 $ 2,829.1f E EACH manufactured by JFW; Model Number Per EA U JFW50S-1268 0 a U FOB Destination cn v LO 0 8 2 Antenna switch control board/regulator, $ 190.00 $ 380.00 EACH 12VDC as manufactured by Accu-Comm; Per EA 0 Model Number ACI-ACB24 as L FOB Destination Q c as E 9 2 Omni directional antenna, 3db gain, $ 442.99 $ 885.98 EACH temporary repeater antennas as Per EA W manufactured by RFS; Model Number o BA6312-1 a U N FOB Destination E E 0 U 10 2 Directional antenna, 10.2 dbd gain as $ 195.49 $ 390.98 Q EACH manufactured by Laird; Model Number Y4506 Per EA c FOB Destination E a 11 1 5' x 1-1/4" mast as manufactured by Rohn; $ 51 .24 $ 51 .24 EACH Model Number 160505PHS Per EA FOB Destination Packet Pg. 205 ACCU-M41, INC. 8.L.a Item Quantity Description Unit Total Price 12 2 50' LMR400 Coax Cable, W/N-Male Fittings as $ 203.38 $ 406.76 EACH manufactured by Accu-Comm; Model Number Per EA LM R400 r c FOB Destination E as a� L Q r Sub Total `$ 91 ,755.16 E- a 10.1% Sales Tax $ 9,267.27 w c Total Bid $ 101 022.43 E E 0 U a 0 Q U v LO 0 M C N E N N L Q ACCU-COMM, INC. E Company Submitting Proposal �- .3 w a 0 Q U Authorized §(9nature Michael J. Singaman - President N E E Note: Contractor must submit a firm proposal for the contract term(s). 0 U U Q c CD E a Packet Pg. 206 8.L.a EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance a� E The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which a may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. a .3 a A. Minimum Scope of Insurance w c 0 Contractor shall obtain insurance of the types described below: .E 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from E premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability a assumed under an insured contract. The City shall be named as an a 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 n substitute endorsement providing equivalent coverage. r 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. E aD L B. Minimum Amounts of Insurance °1 Q c Contractor shall maintain the following insurance limits: E a .3 1. Commercial General Liability insurance shall be written with limits w no less than $2,000,000 each occurrence, $2,000,000 general a aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions E E 0 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: Q r 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. a Packet Pg. 207 8.L.a EXHIBIT B (Continued) 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. E as a� 3. The City of Kent shall be named as an additional insured on all a 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 E Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's W Commercial General Liability insurance shall also contain a clause o 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. E D. Acceptability of Insurers 0 U Insurance is to be placed with insurers with a current A.M. Best rating of not o less than ANII. Q U E. Verification of Coverage LO 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 insurance requirements of E the Contractor before commencement of the work. CD L F. Subcontractors Q c CD Contractor shall include all subcontractors as insureds under its policies or E shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance W requirements as stated herein for the Contractor. a U N E 0 U 3 U v Q c E t ca Q Packet Pg. 208 8.M KENT Wn 1 c N DATE: March 15, 2022 TO: Kent City Council SUBJECT: Property Dedication Ordinance - Adopt MOTION: I move to adopt Ordinance No. 4426, dedicating as right-of-way a portion of City-owned property located to the east of Washington Avenue and to the south of South 2515t Street. SUMMARY: The Washington State Department of Transportation ("WSDOT") conveyed property adjacent to Washington Avenue (the "Property") to the City of Kent on July 11, 1986 via quit claim deed ("Deed"). WSDOT acquired fee simple title to this Property through a Judgment and Decree of Appropriation in a condemnation lawsuit in 1968. The Deed then transferred all of the state's rights, title, and interest in the Property to the City. The Property is no longer needed for street purposes in its entirety. A portion of the Property is needed to build the Washington Avenue South Stormwater Pump Station Project ("Project"), and for this reason the City will transfer the Property to the City's drainage utility so that it may be used to build the Project. The remaining portion of this Property still needed for street purposes will be dedicated as right-of- way (the "Remaining Property"). The entirety of the Remaining Property will be dedicated as City right-of-way. Dedication of the Remaining Property will formally establish and define the boundaries of the right-of-way, which is necessary due to others who make use of City rights-of-way to install and maintain facilities, including utility, cable, and telecommunications providers, and other franchisees and licensees. Once the right-of-way is dedicated through Council's adoption of this ordinance, the City Clerk will be directed to record a certified copy of this ordinance with the King County Recorder's Office. BUDGET IMPACT: N/A SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Packet Pg. 209 8.M Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Washington Ave Pump Station - DEDICATION Ordinance (PDF) 03/07/22 Public Works Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 3/15/2022 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 210 8.M.a a 0 Q ORDINANCE NO. 4426 � 0 c �a O AN ORDINANCE of the City Council of the City of Kent, Washington, dedicating as right-of-way a portion of City-owned property located to the east of Washington Avenue and to the south of S. 251st Street, authorizing the Mayor to sign all documents necessary to finalize and define the dedications o authorized by this ordinance, and directing the City a Clerk to record a certified copy of this ordinance LO upon its passage. M a� c c RECITALS O z A. The Washington State Department of Transportation O ("WSDOT") conveyed property adjacent to Washington Avenue (the U "Property") to the City of Kent on July 11, 1986 via quit claim deed ("Deed"). o WSDOT acquired fee simple title to this Property through a Judgment and 0 Decree of Appropriation in a condemnation lawsuit in 1968. The Deed then 2 U) transferred all of the state's rights, title, and interest in the Property to the a E Citym a a� Q B. The Property is no longer needed for street purposes in its 0 entirety. A portion of the Property is needed to build the Washington Avenue a� South Stormwater Pump Station Project ("Project"), and for this reason the CU City will transfer the Property to the City's drainage utility so that it may be a� used to build the Project. The remaining portion of this Property still needed E Q Dedication of Public Right of Way at Washington Avenue and S. 251 st Street Packet Pg. 211 8.M.a for street purposes will be dedicated as right-of-way (the "Remaining Property"). C. The entirety of the Remaining Property will be dedicated as City c right-of-way. Dedication of the Remaining Property will formally establish Q and define the boundaries of the right-of-way, which is necessary due to others who make use of City rights-of-way to install and maintain facilities, L including utility, cable, and telecommunications providers, and other 0 franchisees and licensees. D. Once the right-of-way is dedicated through Council's adoption L of this ordinance, the City Clerk will be directed to record a certified copy of a 0 this ordinance with the King County Recorder's Office. a ti LO 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a� WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: c ORDINANCE 0 z SECTION 1. - Dedication of Right of Way. City-owned real property o Q located to the east of Washington Avenue and to the south of S. 251st 6 Street, as graphically depicted and legally described on the attached and o incorporated Exhibit A, is hereby dedicated for right-of-way purposes, o .2 including without limitation, roadway, sidewalk, and pedestrian path improvements and utility undergrounding and installation. E a a� SECTION 2. - Mayor Authorized to Finalize and Sign. The Mayor is 0 authorized to sign all documents necessary to finalize and define the dedications authorized by this ordinance, subject to final document terms CU and conditions as the City Attorney may determine are appropriate and c consistent with the authority granted herein. Q Dedication of Public Right of Way at Washington Avenue and S. 251 st Street Packet Pg. 212 8.M.a SECTION 3. - City Clerk to Record Ordinance. The City Clerk is hereby directed to attach an appropriate cover sheet and record a certified copy of this ordinance with the King County Recorder's Office. a 0 a SECTION 4. - Ratification. Council ratifies all acts consistent with as the authority of this ordinance and prior to the passage of this ordinance. c L SECTION 5. - Severability. If any one or more section, subsection, 0 0 or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this 0 ordinance and the same shall remain in full force and effect. a� a 0 SECTION 6. - Corrections by City Clerk or Code Reviser. Upon a. approval of the City Attorney, the City Clerk and the Code Reviser are o M authorized to make necessary corrections to this ordinance, including the U correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 0 z SECTION 7. - Effective Date. This ordinance shall take effect and be 0 a in force thirty days from and after its passage, as provided by law. 0 w 0 March 15, 2022 in DANA RALPH, MAYOR Date Approved E a. a� ATTEST: Q c 0 a) c March 15, 2022 E KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted c as E March 18, 2022 U a Dedication of Public Right of Way at Washington Avenue and S. 251st Street Packet Pg. 213 8.M.a Date Published APPROVED AS TO FORM: a 0 Q m ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY � 0 c L 0 c 0 r �a a� 0 L Q 0 L ti LO 0 M d V C f3 C E L 0 Z 0 Q U_ 6 W C r R E 3 a a� Q c 0 a� c c a� E Q Dedication of Public Right of Way at Washington Avenue and S. 251st Street Packet Pg. 214 8.M.a EXHIBIT A THAT PORTION OF TRACT 43, SUPPLEMENTAL PLAT OF MEKER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 96, IN KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST a QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, -°a RANGE 4 EAST, W.M, DESCRIBED AS FOLLOWS: a a� BEGINNING AT POINT OPPOSITE SR181 STATION 15+00 AND 50.00 FEET EASTERLY; c THENCE SOUTHERLY TO A POINT OPPOSITE SR181 STATION 17+61.32 AND 50.00 FEET c EASTERLY, SAID POINT BEING ON THE NORTHERLY MARGIN OF T.S. RUSSELL ROAD, o COUNTY ROAD NO. 8 (40.00 FEET IN WIDTH)AS ESTABLISHED ON NOVEMBER 8TH, r- 1861; THENCE EASTERLY, ALONG SAID NORTHERLY MARGIN, TO A POINT OPPOSITE 2 SR181 STATION 17+61.32 AND 53.00 FEET EASTERLY; THENCE NORTHERLY TO A POINT OPPOSITE SR181 STATION 16+07.32 AND 53.00 FEET EASTERLY; THENCE NORTHEASTERLY TO A POINT 30.00 FEET DISTANT SOUTHERLY, WHEN MEASURED AT o RIGHT ANGLES AND/OR RADIALLY FROM THE B-LINE SURVEY STATION B 10+64.23; THENCE EASTERLY AND SOUTHERLY, PARALLEL WITH SAID B-LINE, 173 FEET, MORE o OR LESS TO A POINT OPPOSITE STATION B 12+89.57; THENCE SOUTHWESTERLY TO A (L POINT OPPOSITE SR181 STATION 17+61.32 AND 87.51 FEET EASTERLY, SAID POINT BEING ON THE NORTHERLY MARGIN OF SAID T.S. RUSSELL ROAD; THENCE Lo ti 0 EASTERLY, ALONG SAID NORTHERLY MARGIN TO THE INTERSECTION OF THE NORTHWESTERLY MARGIN OF WILLIS STREET (40.00 FEET IN WIDTH); THENCE ALONG a) SAID NORTHWESTERLY MARGIN, NORTHEASTERLY TO A POINT OPPOSITE STATION B r- 12+85.56 AND 62.91 FEET EASTERLY; THENCE NORTHWESTERLY TO A POINT 30.00 FEET DISTANT EASTERLY, WHEN MEASURED AT RIGHT ANGLES AND/OR RADIALLY o FROM STATION B 12+65; THENCE NORTHERLY AND NORTHWESTERLY, PARALLEL Z WITH SAID B-LINE, 240 FEET, MORE OR LESS TO A POINT OPPOSITE STATION B 0 10+76.54 P.C.; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. SR181 LINE SURVEY AND B-LINE SURVEY ARE DEPICTED ON SHEET 6 OF 6, SR 516 0 (JCT. SR 5 TO JCT. SR 167) DATED FEBRUARY 5, 1970, WASHINGTON STATE , DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS. o r r CONTAINING 17,576 SQUARE FEET, MORE OR LESS. E a .••A LEE a r Cu E t 2- 23-2b12 Q Packet Pg. 215 8.M.a SR 181 15+00.00 C,�� NCO 50'R 0 N Q SR 181 15+72.15 I B-LINE 10+00.00 c B-LINE =a B-LINE I O P.C. 10+76.54 a :r SR 181 p 16+07.32 53 R B-LINE P.T. 11+91.16 0 Q a 2 30' 30, ti _0 Ln 0 r= � 0} r N J W v �Q Z c 3 w '�'� z B-LINE 0 12+89.57 B-LINE Q SR 181 12+85.56 0 17+61.32 62.91'L w 50'R o T.S. RUSSELL RD c (HAWLEY RD) �. S-( Cn Q. E a > SS IMPORTANT: Q THIS IS NOT A SURVEY.IT IS O FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH N REFERENCE TO STREETS AND I OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF Project#19-3031 RELIANCE HEREON. t RIGHT OF WAY u LOCATED IN THE SW 1/4 OF SEC 24, DEDICATION a KENT DRAWN BY: TLM TOWNSHIP 22 N, RANGE 4 E,W.M. WASHINGTON EXHIBIT CITY OF KENT SCALE: 1"=50, A LAND SURVEY SECTION DATE: 02/23/2022 Packet Pg. 216 9.A KENT Wn 1 cN DATE: March 15, 2022 TO: Kent City Council SUBJECT: Negotiation of a Development Agreement and Purchase and Sale Agreement with Avenue 55 for the Sale of the Property Referred to as the Naden Assembly - Authorize MOTION: I move to permit staff to negotiate with Avenue 55 a development agreement and purchase and sale agreement for the Naden Assembly. SUMMARY: Chief Economic Development Officer Bill Ellis will introduce the Avenue 55 development team and they will present a proposal for a manufacturing/flextech campus development on the Naden Assembly. The Memorandum of Understanding (MOU) with Avenue 55, which was executed in 2021, expires March 22, 2022. City staff has fulfilled its requirements with the developer under the MOU in reviewing an initial list of tenants and a conceptual vision for redevelopment by Avenue 55, and will be recommending that Council authorize staff to negotiate the sale of the Naden Assembly to Avenue 55. Mr. Ellis and Avenue 55 will identify prospective tenants that have shown interest to date and will provide samples of drawings of what the development could look like. Staff is seeking Council authorization to negotiate a development agreement and purchase and sale agreement with Avenue 55. These agreements will come back to Council for review and approval in approximately 60 days. It is important to note that the development agreement or purchase and sale may not identify specific end users or a locked-in site plan or design. Design elements are expected to be largely controlled by existing development design regulations. However, the development agreement will identify significant details regarding agreed-upon outcomes. Avenue 55 will continue negotiations with prospective tenants while the City and Avenue 55 engage in negotiations for the transfer of the property. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Packet Pg. 217 9.A Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 218 10.A KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: City of Kent Courthouse & Corrections Facility Generator Replacement Bid - Award MOTION: I move to award the Kent Courthouse & Corrections Facility Generator Replacement to A to B Builders, LLC in an amount not to exceed $508,639.98 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This project involves replacing Courthouse & Corrections facility generator. The scope of work is removing and disposing of the existing correction facility roof-mounted generator, existing mounted fuel tank, and designated sidewalks. Install a new generator and generator enclosure, provide backup power (underground fed) to the corrections facility and the courthouse and replace the sidewalks The Bid opening for the Kent Courthouse & Corrections Facility Generator Replacement project was held on March 04, 2022 with one bid received. The lowest responsible and responsive bid was submitted by A to B Builders, LLC in the amount of $461,980.00 which does not include Washington State Sales Tax. Applying a sales tax rate of 10.1%, the total "not to exceed" price under the contract is $508,639.98. Bid Tab Summary 01. A to B Builders, LLC $461,980.00 Engineers Estimate $420,000.00 BUDGET IMPACT: Project funded through the City's Capital Resources Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 219 10.A ATTACHMENTS: 1. FAC-Courthouse and Corrections Generator-Contract (PDF) Packet Pg. 220 10.A.a KENT PUBLIC WORKS AGREEMENT a. between City of Kent and E A to B Builders, LLC CL d THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and A to B Builders, LLC, organized under the laws of the State of Washington, 0 located and doing business at 5007 Pacific Hwy E, #15, Fife, WA 98424, Barrie Thompson, (425)949-5562, `m (hereinafter the "Contractor"). AGREEMENT U ° The parties agree as follows: c I. DESCRIPTION OF WORK. ° m L Contractor shall perform the following services for the City in accordance with the following described `o plans and/or specifications: v c ° a� A to B Builders, LLC shall provide all labor and material to replace Courthouse & Corrections facility generator. The scope of work is removing and disposing of the existing correction facility roof-mounted =0 generator, existing mounted fuel tank, and designated sidewalks. Install a new generator and generator enclosure, provide backup power (underground fed) to the corrections facility and the courthouse and v replace the sidewalks according to the contractor's bid, which is attached and incorporated as Exhibit A. co 0 M V The 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 o time such services are performed. v L ° II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 10 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed within 90 calendar days. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all o Contractor obligations have been fulfilled. , U aD L III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed o $508,639.98, including any applicable Washington State Sales Tax, for the work and services contemplated L) in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the 0 work described in the invoice that has been completed by the Contractor and approved by the City. The a) City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the 02 project. r L Card Payment Program. The Contractor may elect to participate in automated credit card payments L) provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. E ° r a PUBLIC WORKS AGREEMENT - 1 (Over$20K with Performance Bond) Packet Pg. 221 10.A.a 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. as B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of 'o any and all payments made to the Contractor for a period of sixty (60) days after the a 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 E 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 a by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the o Agreement. a m c C. Defective or Unauthorized Work. The City reserves its right to withhold payment from c� the Contractor for any defective or unauthorized work. Defective or unauthorized work r includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the �i City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or c otherwise, and the 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 0 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. y 0 D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF c CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND c) IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. c M 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: 0 U L 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. c m B. The Contractor maintains and pays for its own place of business from which the 0 Contractor's services under this Agreement will be performed. c 0 C. The Contractor has an established and independent business that is eligible for a i business deduction for federal income tax purposes that existed before the City o retained the Contractor's services and is a service other than that furnished by the U City, or the Contractor is engaged in an independently established trade, occupation, r- 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 =0 documents with appropriate federal and state agencies, including the Internal Revenue 3 Service and the state Department of Revenue. L) U 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 the �.; Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. E 0 r a PUBLIC WORKS AGREEMENT - 2 (Over$20K with Performance Bond) Packet Pg. 222 10.A.a 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. as G. The Contractor maintains a set of books dedicated to the expenses and earnings of its 'o business. a. c as V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall aEi include, without limitation, any one or more of the following events: CL 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. o 0 L B. The Contractor's failure to complete the work within the time specified in this Agreement. c� r 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 o regulations. - m L L E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. 0 F. The Contractor's breach of any portion of this Agreement. a� If the City terminates this Agreement for good cause, the Contractor shall not receive any further o 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 c may be used by the City without restriction. c� ca VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing c Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the 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 o Department of Labor and Industries is attached. v L 0 VII. CHANGES. The City may issue a written change order for any change in the Contract work m during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date c the 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, i the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with o the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will v determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change r- order work upon receiving either a written change order from the City or an oral order from the City before m actually receiving the written change order. If the Contractor fails to require a change order within the time 02 specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change � r 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 ° U protest the adjustment as provided in subsections A through E of Section IX, Claims, below. a U- The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate r acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the a Contractor as provided in this section shall constitute full payment and final settlement of all claims for E contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. Q PUBLIC WORKS AGREEMENT - 3 (Over$20K with Performance Bond) Packet Pg. 223 10.A.a VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or o delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent a to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing E state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to a the current pandemic. L If any future performance is prevented or delayed by a force majeure event, the party whose t performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. i Performance that is more costly due to a force majeure event is not included within the scope of this Force `o Majeure provision. v c If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site 0 arising from a direction by the City under this clause will be dealt with as a change order, except to the t extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its o obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, 0 M IX. 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 i 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 v giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should o have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, L 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. c 0 At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. L O U FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ca ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY N THAT DELAY. c t r L A. Notice of Claim. Provide a signed written notice of claim that provides the following o information: v U a 1. The date of the Contractor's claim; U- 2. The nature and circumstances that caused the claim; c 3. The provisions in this Agreement that support the claim; E 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and r a PUBLIC WORKS AGREEMENT - 4 (Over$20K with Performance Bond) Packet Pg. 224 10.A.a 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. as B. Records. The Contractor shall keep complete records of extra costs and time incurred as a 'o result of the asserted events giving rise to the claim. The City shall have access to any of the a Contractor's records needed for evaluating the protest. E The City will evaluate all claims, provided the procedures in this section are followed. If the 8 City determines that a claim is valid, the City will adjust payment for work or time by an a equitable adjustment. No adjustment will be made for an invalid protest. L C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall a proceed promptly to provide the goods, materials and services required by the City under this Agreement. c� r 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). c 0 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 T City any written or oral order (including directions, instructions, interpretations, and 0 determination). c 0 X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT y ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE o 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. 3 0 U XI. WARRANTY. The 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 c promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the 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 o that portion of the work shall extend for an additional year beyond the original warranty period applicable cL to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its 0 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. c XII. 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 i Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, o national origin, or the presence of any sensory, mental, or physical disability, discriminate against any L) person who is qualified and available to perform the work to which the employment relates. m The 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 =0 r attached Compliance Statement. 0 U XIII. INDEMNIFICATION. The 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. E 0 r a PUBLIC WORKS AGREEMENT - 5 (Over$20K with Performance Bond) Packet Pg. 225 10.A.a The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. as Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 'o then, in the event of liability for damages arising out of bodily injury to persons or damages to property a caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, E and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's L) negligence. a m W IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION o PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL a L INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. r In the event the 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 �i having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and c reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. m L 0 The provisions of this section shall survive the expiration or termination of this Agreement. c XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, y insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. o XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary c precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the u performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to c materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. c 0 A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its cL contractors and consultants to use recycled and recyclable products whenever practicable. A price $ preference may be available for any designated recycled product. c as B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the 0 covenants and agreements contained in this Agreement, or to exercise any option conferred by this c 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 L 0 C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and L) construed in accordance with the laws of the State of Washington. If the parties are unable to settle any a 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 3 parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred 0 in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or v award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. c m D. Written Notice. All communications regarding this Agreement shall be sent to the parties at E the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written L) notice hereunder shall become effective three (3) business days after the date of mailing by registered or Q PUBLIC WORKS AGREEMENT - 6 (Over$20K with Performance Bond) Packet Pg. 226 10.A.a 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. as E. Assignment. Any assignment of this Agreement by either party without the written consent o of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, a the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E a� F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement a shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. L 0 r L 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 r 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 �i language contained in this Agreement, the terms of this Agreement shall prevail. c 0 H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal Z. laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of 0 the performance of those operations. c 0 I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to y the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, o emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the c City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties v and obligations under the Public Records Act. co 0 J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. c 0 K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any cL number of counterparts, each of which shall constitute an original, and all of which will together constitute 0 this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page L m to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. 0 / / L L 0 L U U LL r c m IN WITNESS, the parties below execute this Agreement, which shall become effective on the E last date entered below. All acts consistent with the authority of this Agreement and prior to r a PUBLIC WORKS AGREEMENT - 7 (Over$20K with Performance Bond) Packet Pg. 227 10.A.a its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. r a� 0 L CONTRACTOR: CITY OF KENT: a c a� E B B a� y' y' a� Print Name: Print Name: Dana Ralph 0 r L Its: Its: Mayor a� c� DATE: DATE: r a_ c NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 0 r m CONTRACTOR: CITY OF KENT: L O U Barrie Thompson Diana Lazouski A to B Builders, LLC City of Kent 5007 Pacific Hwy E #15 220 Fourth Avenue South 3 Fife, WA 98424 Kent, WA 98032 0 (425) 949-5562 (telephone) (253) 856-5083 (telephone) 0 (425) 949-8982 (facsimile) (253) 856-6080 (facsimile) co co 0 M APPROVED AS TO FORM: L Kent Law Department U L O ATTEST: L d V Kent City Clerk v, c [In this field,you may enter the electronic filepath where the contract has been saved] O t+ V L L O U c ca d N O t r L O U U Q U- r c d E t r r Q PUBLIC WORKS AGREEMENT - 8 (Over$20K with Performance Bond) Packet Pg. 228 10.A.a DECLARATION 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY a c a� E 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 a Agreement shall comply with the regulations of the City's equal employment opportunity policies. L O 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 c response is required on all of the following questions for this Agreement to be valid and binding. 02' 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; U- The questions are as follows: a� L 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. n 0 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 0 employer. 0 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. L 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the 0 Prime Contractor, that the Prime Contractor complied with the requirements as set forth o above. 0 L d By signing below, I agree to fulfill the five requirements referenced above. c 0 U By: >v L 0 For: L) c �a Title: N 0 Date: 0 0 U U a U- E a EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 229 10.A.a CITY OF KENT ADMINISTRATIVE POLICY A) 0 L a. NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 as a d L O SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor c� POLICY: r U 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 c employment opportunity within their organization and, if holding Agreements with the City 2 amounting to $10,000 or more within any given year, must take the following affirmative steps: O U 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. a� 3 2. Actively consider for promotion and advancement available minorities and women. 0 Any contractor, subcontractor, consultant or supplier who willfully disregards the City's 0 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. o M 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. O U 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these o regulations are familiar with the regulations and the City's equal employment opportunity L policy. a� 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 0 U a� L L O U c ca m O t r L O U U a U- E a EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 230 10.A.a CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT a 0 L Q� E This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. a a� o: L O I, the undersigned, a duly represented agent of a� 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. 0 r m L L I declare that I complied fully with all of the requirements and obligations as outlined in the City US a of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity a� Policy that was part of the before-mentioned Agreement. o O U B t° y; co 0 M For: ° L Title: c U L Date: ° L d V ° V 0 L L O U c ca d N O t r L O U U Q U_ r c d E t r r Q EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 231 10.A.a BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes o L a. This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. 1° a a� L O The bidder hereby certifies that, within the three-year period immediately preceding the bid a� solicitation date (Insert Date), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. ,M I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. L O Insert Bidder's Business Name a� 3 O t By: Signature of Authorized Official* 0 Printed Name: o M Title: L Date: c U L City and State: L d *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner, g U a� L L O U c ca m O t r L O U U a U_ ;_ a BIDDER RESPONSIBILITY CRITERIA - 1 Packet Pg. 232 CITY OF KENT KING COUNTY, WASHINGTON a. E Cityof Kent Courthouse & o Corrections Facility GENERATOR REPLACEMENT FAC22-o 1 M U- 1220 CENTRAL AVENUSE SOUTH, KENT WA ° L L O U c a� BIDS ACCEPTED UNTIL BID OPENING ; March 4, 2022 March 4, 2022 10:45 A.M. 11:00 A.M. 0 M DELIVER TO , CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 0 L O L Nathen Harper Project Coordinator City of Kent Facilities / Parks Recreation & Community Services o 400 West Gowe Street, Kent, WA 98032 U L L O U c ca m O t r L O U U KENT WASH I N G T O N C d E t V BIDDER'S NAME Ato B Builders, LLC r a Packet Pg. 233 10.A.a a� 'o L CONTRACTOR'S QUALIFICATION STATEMENT a (RCW 39.04.350) E THE CITY WILL REVIEW THE CONTRACTOR'S RESPONSES TO THIS FORM TO a DETERMINE WHETHER THE BIDDING CONTRACTOR IS RESPONSIBLE TO PERFORM THE CONTRACT WORK. THIS FORM INCLUDES CRITERIA r ESTABLISHED BY STATE LAW THAT MUST BE MET TO BE CONSIDERED A RESPONSIBLE BIDDER AND QUALIFIED TO BE AWARDED THIS PUBLIC c a� WORKS PROJECT AS WELL AS SUPPLEMENTAL CRITERIA ESTABLISHED BY THE CITY THAT ARE APPLICABLE TO THIS PUBLIC WORKS PROJECT. r U 0 THE BIDDER SHOULD READ AND RESPOND TO THIS FORM CAREFULLY. c 0 Indicia of contractor's responsibility inherently involve subjective determinations as to the contractor's ability to perform and complete the contract work responsibly and to the owner city's satisfaction. The city has an obligation and a duty to its citizens and 0 its taxpayers to administer its budgets and complete its projects in a businesslike manner. Accordingly, it has a duty to exercise the type of inquiry and discretion a business would conduct when selecting a contractor who will be responsible to perform the contract work. The city's supplemental criteria are based, in large part, on the qualification statement L) form used by the American Institute of Architects. The city provides these criteria so as to provide the most objective framework possible within which the city will make its o decision regarding the bidder's ability to be responsible to perform the contract work. These criteria, taken together, will form the basis for the city's decision that a bidder is or is not responsible to perform the contract work. 0 U Any bidder may make a formal written request to the city to modify the criteria set o forth in this qualification statement, but that request may only be made within 48 2 hours of the date and time that the bidder first obtains the bid documents or three (3) business days prior to the scheduled bid opening date, whichever occurs first. If the city receives a modification request, it will consider any information submitted in the request and will respond before the bid submittal deadline. If the city's evaluation results in changed criteria, the city will issue an addendum establishing the new or i modified criteria. 0 If the city determines that, based on the criteria established in this statement, a bidder is not responsible to perform the contract work, the city will provide written N notice of its determination that will include the city's reason for its decision. The 0 bidder has 24 hours from the time the city delivers written notice to the bidder that the bidder is not responsible to perform the contract work to appeal the city's 0 determination. No appeals will be received after the expiration of this 24 hour appeal period. The city may deliver this notice by hand delivery, email, facsimile, or regular mail. In the event the city uses regular mail, the delivery will be deemed complete three days after being placed in the U.S. Mail. The bidder's right to appeal is limited to E the single remedy of providing the city with additional information to be considered before the city issues a final determination. Bidder acknowledges and understands that, as provided by RCW 39.04.350, no other appeal is allowed and no other remedy Q Packet Pg. 234 10.A.a of any kind or nature is available to the bidding contractor if the City determines that the bidder is not responsible to perform the contract work. If the bidder fails to request a modification within the time allowed or fails to appeal a o determination that the bidder is not responsible within the time allowed, the city will a make its determination of bidder responsibility based on the information submitted. E a� COMPLETE AND SIGN THIS FORM AS PART OF YOUR BID. FAILURE TO ° PROPERLY COMPLETE THIS FORM MAY ALSO RESULT IN A DETERMINATION THAT YOUR BID IS NON-RESPONSIVE AND THEREFORE VOID. L 0 r THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. r U ° U- The undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. ° a� L SUBMITTED BY: A to B Builders, LLC `o U NAME: Barrie Thompson ° ADDRESS: 5007 Pacific Hwy E #15 y 3 Fife, WA 98424 O U PRINCIPAL OFFICE: A to B Builders, LLC c� ADDRESS: 5007 Pacific H E #15 Fife, WA 98424 ° L PHONE: 425 949-5562 0 U FAX: 425 949-8982 0 .2 ° L STATUTORY REQUIREMENTS — Per state law a bidder must meet the following responsibility criteria c 1. Required Responsibility Criteria ° U W L ATTACHEp 1.1 Provide a copy of your Department of Labor and Industries certificate of 8 registration in compliance with chapter 18.27 RCW. UBI:604067254.1.2 Provide your current state unified business identifier number. O t ATTACHE? 1.3 Provide proof of applicable industrial insurance coverage for your 3 employees working in Washington as required in Title 51 RCW, together c0 with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. Providing a copy of a state of Washington "Master License Service Registration and Licenses" form is typically sufficient evidence of the E requirements of this subsection. ° a Packet Pg. 235 10.A.a ATTACHED 1.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated companies under majority ownership or under control by the owners of the bidder's company, are not and have not o been in the past three (3) years, disqualified from bidding on any public a works contract under RCW 39.06.010 or 39.12.065 (3). E a� ATTACHED 1.5 Provide a signed statement, signed under penalty of perjury by a person with authority to act and speak for your company, that within the three- year period immediately preceding the bid solicitation date, your o company is not a "willful" violator as defined in RCW 49.48.082, of any provisions of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. 0 U_ ATTACHED 1.6 Provide proof that a designated person or persons with your company has either received training from the department of labor and industries o or an approved training provider on the requirements related to public works and prevailing wages under chapter 39.04 RCW and 39.12 RCW or c provide proof that your company has completed three or more public U works projects and have had a valid business license in Washington for three or more years and are exempt from this training requirement. y 0 SUPPLEMENTAL CRITERIA — Established by the City to determine bidder responsibility 0 ATTACHED 2. ORGANIZATION c 2.1 How many years has your organization been in business as a Contractor? 0 2.2 How many years has your organization been in business under its present business name? U L 0 2.2.1 Under what other or former names has your organization L operated? 2.3 If your organization is a corporation, answer the following: 0 U 2.3.1 Date of incorporation: L 2.3.2 State of incorporation: 0 U 2.3.3 President's name: 2.3.4 Vice-president's name(s): a 2.3.5 Secretary's name: 2.3.6 Treasurer's name: 0 L 2.4 If your organization is a partnership, answer the following: o U U 2.4.1 Date of organization: U_ 2.4.2 Type of partnership (if applicable): 2.4.3 Name(s) of general partner(s): 2.5 If your organization is individually owned, answer the following: 2 a Packet Pg. 236 10.A.a 2.5.1 Date of organization: 2.5.2 Name of owner: 2.6 If the form of your organization is other than those listed above, describe o a. it and name the, principals: a� E ATTACH 3. LICENSING CL 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. o L 3.2 List jurisdictions in which your organization's partnership or trade name is filed. 0 ATTACHED 4. EXPERIENCE U LL 4.1 List the categories of work that your organization normally performs with its own forces. ° a� L 4.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) ° 4.2.1 Has your organization ever failed to complete any work awarded y to it? o 4.2.2 Are there any judgments, claims, arbitration proceedings or suits V- pending or outstanding against your organization or its officers? 0 4.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? o M 4.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach 0 details.) 0 r 4.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amount, percent complete and scheduled completion date. o U aD 4.4.1 State total worth of work in progress and under contract: o U 4.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, N architect or design engineer, contract amount, date of completion and c percentage of the cost of the work performed with your own forces. L 0 4.5.1 State average annual amount of construction work performed U during the past five years: Q U- 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. E ° 4.7 On a separate sheet, list your major equipment. Q Packet Pg. 237 10.A.a ATTACHED 5. REFERENCES V N 5.1 Trade References: 0 L a. 5.2 Bank References: 5.3 Surety: 5.3.1 Name of bonding company: 5.3.2 Name and address of agent: o: L 6. FINANCING a� c a� 6.1 Financial Statement. After bid opening, the City may require the following financial information U from any of the three apparent low bidders. If so required, the selected U- bidder(s) must respond with this financial information within 24 hours of c the City's request for that information. The City's request for this information shall not be construed as an award or as an intent to award ;v L the contract. A bidder's failure or refusal to provide this information may 0 result in rejection of that bidder's bid. 6.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement 0 showing the following items: 0 U Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials o inventory, and prepaid expenses). Net Fixed Assets. 0 U Other Assets. 0 L Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). i L 0 6.1.2 Name and address of firm preparing attached financial statement, and date thereof: a� 6.1.3 Is the attached financial statement for the identical organization 0 named on page one? 3 0 6.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent- subsidiary). a� 6.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? a Packet Pg. 2378 10.A.a 7. SIGNATURE 1�d,, 7.1 Dated at this day of Q ► � , -mm. Z'0Z-L Name of Organization: A to B Builders, LLC a. c a� E By: Barrie Thompson Title: Vice President L O 7.2 Y'f'U � S0T being duly sworn, deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this day of MA-ICCA/-� U 20 22, Notary Public: U4� c My Commission Expires: '1A\f O U DEL.LA M CROSSLEY � NOTARY PUBLIC#88957 n STATE OF WASHINGTON 0 COMMISSION EXPIRES NOVEMBER 6,2022 0 U m co 0 M V L O U L O L d V O V L L O U c ca m O t r L O U U a U- E a Packet Pg. 239 10.A.a �a c 0 m L L O U c Yam.{,� � •x.._ ,.,�;�.. - . to N w •,wC` -�L` ram;'•., � :� � ,��, '��" �r ^'� V RNA As - .:rfd^'1'f..-Gr�-k:•-':•�r_�(•� a -Y .; ...� ,$! r •• ', ._ :ki'� -•` �:' -raw U U a LL a Packet Pg. 240 10.A.a c 0 U m L L 0 U c R • M .� Ity to kccp us Please ep the -ti c in O�11 current of your o I'oddv*-II9 i0 y1, 'Y': .- y,.y J4 remS-6� . - - '-. :ys ,..-`'c" :�l '%�'Yj yid•'-'- - - - '.7iA.•: - -".�-:s� ;�`3 '-.f.: -a C %MINII;Fr - - : _ •�� .- - .�'-.�:-art. .r` --a.F a',�r _ „r"V ' •t,..�'.' � :�'r �1--'-�i�-.. - . - .: _ . .. -iz '�'�ti:�• �S�[Y.Ti:�.�t,��},g-4. �^� tire-' -.c}� - f �v(�=.:� •''�r.��_ 3-�t�.-.;. ''Ra .Y.. r .- �— Si.Yy. fin.., Ti•�in.t. .1.a -t 4:' f� - .,}-rT$1 _• 'h O tA, '_ _ _ _ L •iC i. .. - _ Fz-_ .r^N ? '. i• T --1.:••1 .:•. �'i+.'➢a.'.."r>:•:i1:.- _ r-3 - .-3 _ �'". • • C R 3 0 U Q LL r c d E t c� R .F•/ Q Packet Pg. 241 2/25/22,1:15 PM A TO B BUILDERS LLC ,��., ., ` tabar&lndusEriss Jh S:Illni.wn_gov), V N O Contractorsa. E M rL A TO B BUILDERS LLC L O Owner or tradesperson 5007 Pacific Hwy E#15 Principals FIFE,WA 98424 THOMPSON,ANTHONY 42 THOMAS,PARTNER/MEMBER 62 PIEE-94RCEE County COHEN,BARRIE r BERGER,PARTNER/MEMBER U R LL Doing business as A TO B BUILDERS LLC C O WA UBI No Business type v d 604 061 254 Limited Liability Company Governing persons O U BARRIE BERGER COHEN R ANTHONY THOMAS THOMPSON: N 7 O License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. O U Construction Contractor Active Meets current requirements. ca to 0 License specialties M GENERAL License no v O BBUILBB844RA i Effective—expiration 0 O 12/01/2016-12101/2022 V L O Bond R L Old Republic Surety Co $12,000 00 d C Bond account no N YL12431205 N Received by L&I Effective date 0 01/07/2020 11/30/2019 +_ U Expiration date i Until Canceled 0 U Bond history -a C Insurance United Specialty Insurance Com $1,000,000.00 d to Policy no O DC10200501 t r L Received by L&I Effective date 3 11/19/2021 11/30/2021 O U Expiration date V 11/30/2022 Q U- Insurance history +' C Savings d No savings accounts during the previous 6 year period. Lawsuits against the bond or savings M No Iawsu4s against the bond or savings accounts during the previous 6 year period. Q L&I Tax debts https:Hsecure.Ini.wa.gov/verify/Detail.aspx?UBI=604061254&LIC=BBUILBB8"RA&SAW= Packet Pg. 242 2/25/22,1:15 PM A TO B BUILDERS LLC No L&I tax debts are recorded for this contractor license during the previous 6 year period,but some debts 10.A.a may be recorded by other agencies. License Violations ............ No license violations during the previous 6 year period. +, v N Certifications & Endorsements o L OMWBE Certifications No active certifications exist for this business N E N Apprentice Training Agent L) Registered[raining agent.Check their eligible programs and occupations. M Q d Workers' Comp r L Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums d C L&I Account ID Account is current. 641,660-00 r Doing business as = A TO B BUILDERS LLC U R Estimated workers reported LL Quarter 4 of Year 2021"Less than 1 Workers" cC C L&I account contact O T5/JAVIER PAREDES(360)902-4639-Email:PAJB235@lni.wa.gov v d L L Public Works Requirements c Verify the contractor is eligible to perform work on public works projects cC Required Training—Effective July 1,2019 N Exempt from this requirement Completed the training on 6/27/2019 t Contractor Strikes No i i H kes'have been issued against this contractor. p Contractors not allowed to bid V No debarments have been issued against this contractor. to O M Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. O Inspection results date () 05/21/2021 Violations L Inspection no. O 317962806 i d Location 26213129th Ave Se N Kent,WA 98030-7945 to C O U N L L O U c ca m rn O t r L O U U a U_ E M a https://secure.Ini.wa.gov/verify/Detail.aspx?UBI=604061254&LIC=BBUILBB8"RA&SAW= Packet Pg. 243 ' 1 10.A.a 5007 Pacific Hwy E #15 Fife, WA 98424 425.949.5562 0 TKD a. B U I L D E R S info@atobbuilders.com E ■ CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a m FAC22-01 L 3/4/2022 L V r U M U- O V L L i certify that my company, A to B Builders, LLC, has not in the past three (3)years, been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3) c as 3 O t 3 O O M Anthony Thompson, President A to B Builders, LLC O U L O L d V O V L L O U c ca m O t r L O U U a U- E a Packet Pg. 244 10.A.a 5007 Pacific Hwy E #15 DFife, WA 98424 425.949.5562 0 9T4'B a. B U I L D E R S info@atobbuilders.com E ■ CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a as FAC22-01 L 3/4/2022 L At no time within the three-year period immediately preceding the bid solicitation date (3-4-2022), was our company, A to B Builders, LLC a "willful" violator as defined in RCW 49.48.082 of any provisions of chapters r 49.46, 49.48, or 49.52 RCW, as determined by a final and biding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction. c a� L L O -- U - tv 3 O Anthony Thompson, President A to B Builders, LLC v c� 0 M V L O U L O L d V O V L L O U c ca m O t r L O U U a U_ E a Packet Pg. 245 10.A.a 5007 Pacific Hwy E #15 Fife, WA 98424 425.949.5562 .o KTOoB L B u i i_ D E R S info atobbuilders.com a .� E ■ CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT FAC22-01 m 3/4/2022 L 2. ORGANIZATION c� 2.1 How many years has your organization been in business as a Contractor? U M 5 years U- c 0 2.2 How many years has your organization been in business under its present business name? 0 U 5 years c 0 a� 2.3 If your organization is a corporation, answer the following: 0 0 U 2.3.1 Date of incorporation, November 26,2016 2.3.2 State of incorporation: Washington c 2.3.3 President's name: Anthony Thompson 2.3.4 Vice-president's narne(s): Barrie Thompson 2.3.5 Secretary's name: Barrie Thompson 2.3.6 Treasurer's name: Anthony Thompson c U L 0 3. LICENSING L 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. U L L 0 Washington State General Contractor: BBUILBB844RA v c ca 3.2 List jurisdictions in which your organization's partnership/trade name is filed. 0 r L Washington State General Contractor: BBUILBB844RA 0 U U a U- E a Packet Pg. 246 10.A.a 9 5007 Pacific Hwy E #15 TO Fife, WA 98424 425.949.5562 0 a. B U I L D E R S info atobbuilders.com EM CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a m FAC22-01 L 3/4/2022 L 4. EXPERIENCE c� 4.1 List the categories of work that your organization normally performs with its own forces. SEE ATTACHED U- c 4.2 Claims and Suits. c as 4.2.1 Has your organization ever failed to complete any work awarded to it? NO c U 4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? NO y 3 O 4.2.3 Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? NO 0 4.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) NO L 4.4 On a separate sheet, list major construction projects your organization has in progress, o giving the name of project, owner, architect or design engineer, contract amount, percent o complete and scheduled completion date. SEE ATTACHED L d 4.4.1 State total worth of work in progress and under contract: 4.5 On a separate sheet, list the major projects your organization has completed in the past o five years, giving the name of project, owner, architect or design engineer, contract amount, i date of completion and percentage of the cost of the work performed with your own forces. o SEE ATTACHED c �a 4.5.1 State average annual amount of construction work performed during the past five N years: c L 4.6 On a separate sheet, list the construction experience and present commitments of the o key individuals of your organization. SEE ATTACHED 9 a 4.7 On a separate sheet, list your major equipment. SEE ATTACHED r c as E r a Packet Pg. 247 10.A.a 5007 Pacific Hwy E #15 � Fife, WA 98424 425.949.5562 0 KT4'B B U I L D E R S info@atobbuilders.com E ■ CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a m FAC22-01 L 3/4/2022 ° L V WORK PERFORMED BY OUR OWN FORCES r Concrete u_ Demo c 0 r m L L O U c a� 3 0 t O U co co 0 M V f3 L O U L 0 L d V ° V L L 0 U c Cu d N O t r L 0 U U Q u- r c d E t r r Q Packet Pg. 248 10.A.a 5007 Pacific Hwy E #15 OFife, WA 98424 425.949.5562 0 9T4'B a. B U I L D E R S info@atobbuilders.com E ■ CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a FAC22-01 3/4/2022 L 0 r L MAJOR PROJECTS: 2016-Present c a� c� IN PROGRESS r U PROJECT: Nisqually State Park Maintenance Bldg Phase 1 U- Owner: Washington State Parks& Recreation Commission Architect: RWD Landscape Architects, PS 0 Contract Amount: $998,382 Expected Completion: June 2022 c %work performed: 25% v c a� PROJECT: Bethel School District ESC Building Resiliency o Owner: Bethel School District Architect: Erickson McGovern Contract Amount: $563,377 �j Expected Completion: June 2022 %work performed: 25% c M V COMPLETE c 0 U PROJECT: Springbrook Elementary Multipurpose Room o Owner: Kent School District 415 L Architect: Sierra Martin c Contract Amount: $3,034,000 Completion: 9/30/2021 %work performed: 20% g U a� PROJECT: Fairwood Elementary Multipurpose Room o Owner: Kent School District 415 v Architect: Sierra Martin c Contract Amount: $3,098,000 Completion: 10/21/2020 %work performed: 30% r L PROJECT: Transportation Facilities Warehouse Restoration v Owner: Puyallup School District Q Architect: Cornerstone a_ Contract Amount: $624,948 Completion: 8/1/2019 %work performed: 40% r a Packet Pg. 249 10.A.a 5007 Pacific Hwy E #15 OFife, WA 98424 425.949.5562 KT"'B 2 a. B U I L D E R S info@atobbuilders.com E ■ � r CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a FAC22-01 3/4/2022 L 0 r L PROJECT: Lake Meridian Park Bathhouse Rebuild c Owner: City of Kent Parks, Recreation and Community Architect: Miller Hayashi r Contract Amount: $677,942.10 Completion: 7/22/2019 %work performed: 50% 0 m L L O PROJECT: GA Mural Relocation U Owner: Washington Dept of Enterprise Services Architect: Schreiber Starling Whitehead Contract Amount: $479,337.00 0 Completion: 4/18/2019 %work performed: 90% c U m co 0 M V L O U L 0 0 L d 0 V 0 O V 0 L L 0 U c ca m O t r L 0 0 U U a U- E a Packet Pg. 250 10.A.a 5007 Pacific Hwy E #15 D Fife, WA 98424 425.949.5562 0 KT a. B U I L D E R S info@atobbuilders.com E ■ CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a FAC22-01 3/4/2022 L 0 r L KEY PERSONNEL a� c� General Contractor: Anthony Thompson r GC Experience: 30 years Current Commitments: Nisqually State Park Maintenance Building Phase 1 �i Bethel School District ESC Building Resiliency Addition c 0 Project Manager: Barrie Thompson PM Experience: 25years c Current Commitments: Nisqually State Park Maintenance Building Phase 1 U Bethel School District ESC Building Resiliency Addition a� 0 O U m co 0 M V L O U L 0 L d V O V L L 0 U c ca m O t r L 0 U U a U- E a Packet Pg. 251 10.A.a 5007 Pacific Hwy E #15 KFife,O WA 98424 425.949.5562 0 L B U I L D E R S info@atobbuilders.com a c m � E CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a FAC22-01 3/4/2022 L 0 r L MAJOR EQUIPMENT c� r U 2016 Kubota Excavator m a_ 2014 Skyjack Scissor Lift c 0 m L L O U c a� 3 0 t O U m co 0 M V L O U L 0 L d V O V L L 0 U c ca m O t r L 0 U U a U- E a Packet Pg. 252 10.A.a 5007 Pacific Hwy E #15 KT4'B OFife, WA 98424 425.949.5562 0 a. B U I L D E R S info atobbuilders.com E � CITY OF KENT COURTHOUSE AND CORRECTIONAL FACILITY GENERATOR REPLACEMENT a m FAC22-01 L 3/4/2022 L 5. REFERENCES c� r 5.1 TRADE REFERENCES: U 0 a_ Uresco c 0 lott@uresco.com - a� L L Miles Sand & Gravel v scottw@gravelpits.com a� Great Floors 0 c.elias@greatfloors.com 0 5.2. BANK REFERENCE v m co 0 The Commerce Bank of Washington Shawn Campos (206) 292-3900 0 U 5.3 SURETY 0 0 L d Propel Insurance Jacob Haddock 601 Union St#3600 0 Seattle, WA 98101 L L 0 U c ca m 0 t r L 0 U U a U- E a Packet Pg. 253 BIDDER'S CHECKLIST -W 0 The following checklist is a guideline to help the Contractor make sure all forms are .4)- complete. The bidder's attention is especially called to the following forms, Failure to 0 execute these forms as required may result in rejection of any bid. Bidder"s -W Package should include the following.- E as Bid Document Cover Sheet filled out with Bidder"s Name ....................11 CL Orderof Contents.................................................................................0 Invitationto Bid....... ...................................................................... 0O Information for Bidders ............ ..........................................................0 Contractor's Qualification Statement ...................................................0 Completeand notarized ..............................................................0 Bidder"s Checklist .................0........ ................0 Proposal...............................................................................................0 First line of proposal ® filled in ...................................................0 LL Unitprices are correct ................................................................0 .2 Subcontractor List (contracts over $100K) ..........................................0 W Subcontractors listed properly....................................................0 Signature............................................................ .......................13 0 Contractor Compliance Statement........................................................ Date............................................................................................ Have/have not participated acknowledgment.............................0 Signatureand address ................................................................0 0 Declaration ® City of Kent Equal Employment Opportunity Policy ........0 0 Date and signature .....................................................................0 Administrative Policy ...........................................................................0 Statement that Bidder Has Not Been Disqualified ................................0 Certification of Compliance with Wage Payment Statutes....................13 ProposalSignature Page......................................................................0 All Addenda acknowledged .........................................................0 Date, signature and address .......................................................0 0 CombinedDeclaration Form .................................................................0 0 -W Signature................................................................................ 2 ChangeOrder Form (Example).............f...............................................0 Paymentand Performance Bond ..........................................................0 Contract........................................................... ...................................0 The following forms are to be executed after the Contract is awarded: after- A) CONTRACT 0 This agreement is to be executed by the successful bidder. B) PAYMENT AND PERFORMANCE BOND -1'o be executed by the successful bidder and its surety company. M The following form is to be executed after the Contract is completed: 0 A) CM OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPI 1ANCE STATEMENT To be executed by the successful bidder AFTER COMPLETION of this contract. 0 U. E Packet Pg. 254 10.A.a BID PROPOSAL 0 a. City of Kent Courthouse & Corrections Facility Generator Replacement E FAC22-01 Q 1220 Central Avenue South, Kent 98032 0 Proposal of (hereinafter called the "Bidder"), organized and existing under the laws of the Stat( 20 of Washington and doing business as * A Corporation (*Insert "a corporation", "a partnership", or "an individual") � U To the OWNER (City of Kent): Ui c In compliance with your Invitation to Bid, the Bidder hereby proposes to furnish all labor and materials specified herein necessary for and incidental to the completion of the work i in strict accordance with the Contract Documents, within the time set forth herein, and at the 8 lump sum price stated below (not including WSST). A. LUMP SUM BASE BID: Provide all labor and materials required for the City of Kent Courthouse & Corrections Generator Replacement, as shown on the drawings and as 0 specified in the project manual for the lump sum price (which does not include Washington State Sales Taxes (WSST)). Provide an accompanying Schedule of Values broken downby CSI Division. oL � /;ld omLolf Iry Tno? ers' � � c O U B. WITHDRAWAL OF BID: No bidder may withdraw his/her bid for a period of sixty (60) o r calendar days after the day of bid opening. a� C. STATE SALES TAX: The undersigned agrees that the above-named Lump Sum and Bid Alternate do not include Washington State and local sales taxes (WSST). WSST will be g paid to the Contractor with each pay application. i L O U D. OVERHEAD AND PROFIT: The undersigned agrees that the above Bids do include overhead, profit, and all other expenses involved. O E. COMMENCEMENT OF WORK: The bidder hereby agrees to commence work under this 3 contract within five (5) calendar days after the Notice to Proceed and to fully complete the c0 work within the time established in paragraph C of this proposal. Q U_ F. BID SECURITY: Bid security is required for this project. A Performance and Payment bond will be required of the successful bidder. a Packet Pg. 255 10.A.a G. ADDRESS: Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. 0 L a. H. SELECTION CRITERIA: This bid is being made in accordance with the Owner's procedures and shall be evaluated as follows: a 1. Responsiveness. W The Owner will consider all material submitted by the contractor to determine whether the Contractor's proposal is in compliance with the invitation to bid. a� c a� 2. Responsibility. 0 The Owner will consider all material submitted by the contractor, and other evidence it may obtain otherwise, to determine whether the contractor is capable of and has a history of m successful ly completing contracts of this type. The following elements may be given U- consideration by the Owner in determining whether a contractor is a responsible contractor: c a) The ability, capacity and skill of the contractor to perform the contract and/or provide the service required; b) The character, integrity, reputation, judgment, experience and efficiency of the bidder; U c) Whether the contractor can perform the contract and do so within the ti me specified; d) the quality of performance by the contractor on previous and similar contracts; y e) The previous and existing compliance by the bidder with laws relating to the contract or o services; and f) such other information as may be secured having bearing on the decision to award the 0 contracts. When requested by the Owner, contractors shall furnish acceptable evidence of th contractor's ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the contractor's ability to obtain the necessary personnel. Refusal to provide such information upon request may cause the bid to be rejected. L 3. Lowest Bid: The lowest bid 0 U L K. SIGNATURE: By signing this Bid Proposal, the undersigned bidder agrees to submit all insurance documents, performance bonds, and signed contracts within ten (10) calendar days after City awards the Contract and be bound by al I terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. c 0 The Bidder acknowledges the receipt of Addenda to the contract documents as follows: U L Addendum No. Lo 1. ACKNOWLEDGED - 3-2-2022 c a� 2 0 r L 0 3/4/2022 A to B Builders, LLC U Bid Date Company Name 5007 Pacific HM E #15 - E Address 1 Submitted By (Signature) a Packet Pg. 256 10.A.a Fife, WA 98424 Anthony Thompson Address 2 Submitted By (Printed Name) 0 L (425) 949-5562 President a c Telephone Number Title E a� (425) 949-8982 info@atobbuilders.com a Fax Number E-mail address L O L END OF BID PROPOSAL c� U M U_ 0 m L L O U c a� 3 0 t O U m co 0 M V L O U L 0 L d V C O V L L 0 U c ca m O t r L 0 U U a U_ E a Packet Pg. 257 CITY OF KENT SUBCONTRACTOR LIST (Contracts over $100,000) 0 List each Subcontractor, a.from any tier of subcontractors, that shall perform subcontract work 4., amounting to more than 10% of the total bid contract price. List each bid item to be performed b 4c) E each designated subcontractor in numerical sequence. If no subcontractors will be (D performing 101D/b or more of the work, indicate this by writing "None" and signing this A CL form at the bottom of the page. Failure to Submit a fully completed and signed subcontractor list after the time set for bid opening may disqualify your bid. 0 Project Name. City of Kent Courthouse and Corrections Facility Generator Replacement Project Number- FAC22-01 U U- V d) Subcontractor Name Item Numbers .2 2-& C—1e ail^J 0 Subcontractor Name Item Numbers 0 0 L) Subcontractor Name Item Numbers Subcontractor Name 0 Item Numbers O Subcontractor Name Item Numbers .0 U 0 Subcontractor Name Item Numbers 0 0 CONTRACTOR'S SIGNATURE U- E Packet Pg. 258 10.A.a DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY (425) 949-5562 a c a� 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 2 contract shall comply with the regulations of the City's equal employment opportunity policies. L The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlined, 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 contract. U- The questions are as follows: a� L 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this contract, 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. y 0 3. During the time of this contract, the prime contractor will provide a written statement to all V- new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor, will actively consider hiring and o promotion of women and minorities. 5. Before acceptance of this contract, an adherence statement will be signed by me, the Prime 12 Contractor, that the Prime Contractor complied with the requirements as set forth above. 0 U L 0 By signing below, I agree to fulfill the five requirements referenced above. a� By: � Anthony Thompson o For: A to B Builders, LLC 0 U Title: President c a� Date. 3/4/2022 c L 0 U U a U- E a Packet Pg. 259 10.A.a CITY OF KENT ADMINISTRATIVE POLICY 0 L a. E NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 a d W L O L SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor r POLICY: o a_ Equal employment opportunity requirements for the City of Kent will conform to federal and state c laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 0 1. Provide a written statement to all new employees and subcontractors indicating commitment a� as an equal opportunity employer. ; O 2. Actively consider for promotion and advancement available minorities and women. ; O U Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract o and subject to suspension or termination for all or part of the contract. 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. U L O 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these 2 regulations are familiar with the regulations and the City's equal employment opportunity policy. c 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. ° U a� L L O U c _ ca f m O t r L O U U a U- E a Packet Pg. 260 10.A.a CITY OF KE NT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT . a E This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract. a� L O L I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company wa c� the prime contractor for the Agreement known as City of Rent Co rthvuse and Correction U U- Facili y Generator Replacement, that was entered into on the (Date) 0 between the firm I represent and the City of Kent. a� L L O U 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 0 Policy that was part of the before-mentioned contract. V- O U m co By• M For: a L Title: U L O Date: a� a� c 0 U a� L L 0 U c ca m O t r L 0 U U a U- E a Packet Pg. 261 10.A.a BIDDER RESPONSIBILITY CRITERIA 0 L Statement that Bidder Has Not Been Disqualified E a� This statement is required by state law (RCW 39.04.350(1)(f)) to be submitted to the Cit 007 before the contract can be awarded. o L r The bidder hereby certifies that, within the three-year period immediately preceding the bi 0 solicitation date (December 16, 2021), the bidder has not been disqualified from bidding on an public works contract under RCW 39.06.010 or 39.12.065(3). M 0 A to B Builders, LLC L Bidder's Business Name Signature of Authorized Official* 0 Anthony Thompson Printed Name 0 U President o 0 Title 3/4/2022 Fife WA Date City State 0 L O L d * If a corporation, proposal must be executed in the corporate name by the president or vice- 0 president (or any other corporate officer accompanied by evidence of authority to sign). If a cc o partnership, proposal must be executed by a partner. U L L 0 U c ca m O t r L 0 U U a U_ E a Packet Pg. 262 10.A.a BIDDER RESPONSIBILITY CRITERIA 0 L a. Certification of Compliance with Wage Payment Statutes a� E a� This certification is required by state law (RCW 39.04.350(2)) to be submitted to the Cit before the contract can be awarded. `o r L The bidder hereby certifies that, within the three-year period immediately preceding the bi solicitation date December 16, 2021 the bidder is not a "willful" violator, as defined in RC\ 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final an binding citation and notice of assessment issued by the Department of Labor and Industries c through a civil judgment entered by a court of limited or general jurisdiction. 0 a� I certify under penalty of perjury under the laws of the State of Washington that the foregoing 0 true and correct. A to B Builders, LLC a� Bidder's Business.Name o cam_ _ 0 Signature of Authorized Official* Anthony Thompson _ Printed Name L President 0 TitleIL 0 3/4/2022 Fife WA Date City State c 0 U a� L * If a corporation, proposal must be executed in the corporate name by the president or via president (or any other corporate officer accompanied by evidence of authority to sign). If a cc 0 partnership, proposal must be executed by a partner. 0 r L 0 U U a U_ E M a Packet Pg. 263 10.A.a PROPOSAL SIGNATURE PAGE 0 The undersigned bidder hereby proposes and agrees to start construction work on the Contract, i awarded to him/her, on or before five (5) calendar days from the date of the Notice to Proceed and agrees to complete the Contract within (90) Working days after issuance of the City's Notice to Proceed. a a� The undersigned bidder hereby agrees to submit all insurance documents, performance bonds an o signed contracts within ten (10) calendar days after City awards the Contract. The City anticipate 0M issuance of the Notice to Proceed on the day of the preconstruction meeting. a� c� No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bid opening. U U- Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. ° a� Receipt of Addendum No.'s AL to the plans and/or specifications is hereby acknowledged. Failure to acknowledge receipt of the addenda may be considered an irregularity in this proposal. M a� By signing this Proposal Signature Page, the undersigned bidder agrees to accept all contract o forms and documents included within the bid packet and to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. 0 DATE: 3/4/2022 A to B Builders, LLC NAME OF BIDD c Signature of Authorized Representative U L Anthony Thompson, President L (Print Name and Title) 5007 Pacific Hwy E #15 Address o Fife, WA 98424 i L O U c ca m O t r L O U U a U- ° E ° a Packet Pg. 264 10.A.a CITY OF KENT COMBINED DECLARATION FORM: a. NON-COLLUSION, MINIMUM WAGE E NON-COLLUSION DECLARATION c a a� I, by signing the proposal, hereby declare, under penalty of perjury under the laws of o the United States that the following statements are true and correct: 2 L 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. ,M 2. That by signing the signature page of this proposal, I am deemed to have c signed and to have agreed to the provisions of this declaration. L L O AND MINIMUM WAGE AFFIDAVIT FORM y 3 O I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or c mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read th above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. .� L O City of Kent Courthouse and Corrections Facility Generator Replacement U L Project Number: FAC22-01 L d NAME OF PROJECT c 0 A to B Builders, LLC U a� NAME OF BIDDER'S FIRM o U m SIGNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER c L O U U a U_ E a Packet Pg. 265 r 10.A.a BID BOND FORM 0 L KNOW ALL MEN BY THESE PRESENTS: a c a� That we, A to B Builders, LLC , as Principal, and Old Republic Surety Company , as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of Five Percent (5%) of Bid Amouni 0 r Dollars, for the payment of which the Principal and the Surety bond themselves, their c heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. _U 0 U- The condition of this obligation is such that if the Obligee shall make any award c to the Principal for City of Kent Courthouse & Corrections Facility Generator Replacement FAC 22-01 0 U According to the terms of the proposal or bid made by the Principal thereof, and the 0 Principal shall duly make and enter into a contract with the Obligee in accordance with y 0 the terms of said proposal or bid and award and shall give bond for the faithful ° performance thereof, with Surety or Sureties approved by the Obligee; or if the 0 Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the invitation to bid, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety L shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damaged, the c U IL amount of this bond. 0 L d SIGNED, SEALED AND DATED THIS 4th DAY OF March 2022 A to B Builders, LLC c —: 0 J�1 0 PRINCIPAL L 0 Old Republic Surety Company c SURETY Aliceon A. Keltner, Attorney-in-Fact c L 0 20 L) U a Received return of deposit in the sum of $ ``• a� E 0 a Packet Pg. 266 • *** * OLD] REPUBLIC SURETY COMPANY POWER OF ATTORNE •o L KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute a d appoint: Eric A.Zimmerman, Cynthia L.Jay, Julie R.Truitt, Jamie L. Marques, Carley Espiritu, Aliceon A.Kellner,Christopher Kinyon,Diane M.Harding,Annelies M.Richie,Brandon K.Bush,Jacob T.Haddock,Holli Albers, E 0 Erica E. Mosley, Katharine J.Snider,Amelia G. Burrill,Justin Dean Price of Tacoma, WA U its true and lawful Attorneys)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and CL deliver and affix the seal of the company thereto(if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature there m (other than ball bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and nc guaranty fronds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows: o ITS L ALL WRITTEN INSTRUMENTS (0 r and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirm : This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. ro LL This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the O ITS REPUBLIC SURETY COMPANY on February 18,1982. r- 0 RESOLVED that, the ,president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may app, attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company m execute and deliver and affix the seal of the company to bonds, undertakings, recognizances,and suretyship obligations of ail kinds; and said officers n c remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. U RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assist secretary;or rn (ii) when signed by the president, any vice president or assistant vice president,secretary or assistant secretary, and countersigned and sealed(if a seal o required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the autho evidenced by the Power of Attorney issued by the company to such person or persons. 0 RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney L).. certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and sI CD signature and seal when so used shall have the some force and effect as though manually affixed. c IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to .r 5th November 2021 affixed this day of � OLD REPUBLIC SURETY COMPANY 0 h �♦ Q c�prc+nafe 9 t 0 SEAL .:_ L - x� r a o ro■+ L President d STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS m On this 5th day of November 2021 ,personally came before me, c and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say:I they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate: y L- and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. L- U i.'`OZAq��6 d _ Am, ■ N • .,jOUFt L��';•; Lf Notary Public 0 My Commission Expires: Se to ber 28 2022 CERTIFICATE (Expiration of notary's commisstan does act Invnlldate this in0l`k O ') I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attad 9 Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Powe Q ILL Attorney. are now in force. r JO+C Sll RFTy � W COAlUP+ 4th March 202e 4' 788560 o SEAL ; Signed and sealed at the City of Brookfield,WI this day of t o■+ fT3 r ORSC 22262(3-06) * �Awfl._*Sevo-tW Q Propel Insurance Agency LLC I Packet Pg. 267 10.B KENT Wn 1 c N DATE: March 15, 2022 TO: Kent City Council SUBJECT: East Tacoma Street - Kensington Avenue Drainage Improvements Project Bid - Award MOTION: I move to award the East Tacoma Street - Kensington Avenue Drainage Improvements Project to Olson Brothers Excavating, Inc. in the amount of $407,406, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project will construct an open channel drainage swale with large rock in a wooded ravine to provide energy dissipation and minimize downstream maintenance for city staff. The bid opening for the East Tacoma Street - Kensington Avenue Drainage Improvements Project was held on March 1, 2022 with five bids received. The lowest responsible and responsive bid was submitted by Olson Brothers Excavating, Inc. in the amount of $407,406.00. Bid Tab Summary 01. Olson Brothers Excavating, Inc. $407,406.00 02. Northwest Cascade, Inc. $408,815.61 03. R.W. Scott Construction Co. $513,435.66 04. Rodarte Construction, Inc. $514,189.02 05. Active Construction Inc. $541,541.00 Engineer's Estimate $410,067.45 BUDGET IMPACT: The project will be funded by the Drainage Utility. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: Packet Pg. 268 10.B 1. Kensington Ravine Bid Tab (PDF) Packet Pg. 269 10.B.a E Tacoma St. - Kensington Ave. Drainage 1 2 3 4 Improvements Bid Opening: March 1, 2022, 11:00 AM Olson Brothers Excavating, Inc. Northwest Cascade, Inc. R.W. Scott Construction Co. Rodarte Construction, Inc. 6622 112th St. E. PO Box 73399 4005 West Valley Highway, Suite A 17 East Valley Highway E. C Disclaimer:These preliminary bid results are provided as a convenience to Puyallup,WA 98373 Puyallup,WA 98373 Auburn,WA 98001 Auburn,WA 98092 M contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. y TOTAL $407,406.00 $408,815.61 $513,435.66 $514,189.02 C ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Q C SCHEDULE I:STREET 0 1000 Mobilization 1 LS 23,578.70 $23,578.70 45,476.00 $45,476.00 61,000.00 $61,000.00 40,000.00 $40,000.00 C 1005 Clearing and Grubbing 1 LS 52,243.00 $52,243.00 39,000.00 $39,000.00 18,400.00 $18,400.00 53,000.00 $53,000.00 cn 1015 Remove Existing Trees 6 EA 1,349.50 $8,097.00 2,400.00 $14,400.00 2,000.00 $12,000.00 2,500.00 $15,000.00 y 1020 Remove Existing Asphalt Concrete Pavement 220 SY 9.50 $2,090.00 11.00 $2,420.00 30.00 $6,600.00 18.00 $3,960.00 Y 1025 Remove and Dispose of Existing Wood Crossing 1 LS 1,568.50 $1,568.50 1,900.00 $1,900.00 2,000.00 $2,000.00 300.00 $300.00 1030 Remove and Dispose of Grouted Rock Wall 1 LS 2,063.50 $2,063.50 4,900.00 $4,900.00 4,000.00 $4,000.00 4,000.00 $4,000.00 (D N 1035 Remove and Dispose of PVC Pipe 1 LS 2,195.00 $2,195.00 800.00 $800.00 2,450.00 $2,450.00 1,200.00 $1,200.00 (1)1040 Remove and Connect Unknown Drainage Pipes to Ditch 1 FA 1,000.00 $1,000.00 1,000.00 $1,000.00 1,000.00 $1,000.00 1,000.00 $1,000.00 R 1060 Ditch Excavation Incl. Haul 330 CY 81.50 $26,895.00 71.00 $23,430.00 120.00 $39,600.00 200.00 $66,000.00 E 1065 Unsuitable Foundation Excavation Incl. Haul 60 CY 121.00 $7,260.00 89.00 $5,340.00 120.00 $7,200.00 100.00 $6,000.00 v 1070 Non-woven Geotextile Fabric for Soil Stabilization 660 SY 5.50 $3,630.00 3.00 $1,980.00 8.00 $5,280.00 6.00 $3,960.00 1075 Gravel Borrow,Including Haul and Compaction 190 TON 97.50 $18,525.00 76.00 $14,440.00 135.00 $25,650.00 100.00 $19,000.00 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 100 TON 70.00 $7,000.00 81.00 $8,100.00 80.00 $8,000.00 95.00 $9,500.00 U) 1085 Rock for Gabion Basket Backfill 100 TON 58.50 $5,850.00 75.00 $7,500.00 175.00 $17,500.00 105.00 $10,500.00 W 1095 HMA Class 1/2", PG 58H-22 60 TON 219.00 $13,140.00 310.00 $18,600.00 250.00 $15,000.00 315.00 $18,900.00 1100 Rock for Erosion and Scour Protection Class B 520 TON 99.50 $51,740.00 115.00 $59,800.00 190.00 $98,800.00 135.00 $70,200.00 c 1105 Quarry Spalls 50 TON 166.00 $8,300.00 121.00 $6,050.00 100.00 $5,000.00 115.00 $5,750.00 M 1120 Concrete Pipe Anchor 10 CY 835.00 $8,350.00 650.00 $6,500.00 400.00 $4,000.00 775.00 $7,750.00 1290 Existing Irrigation Systems Removal, Repair and/or 1 FA 2,000.00 $2,000.00 2,000.00 $2,000.00 2,000.00 $2,000.00 2,000.00 $2,000.00 R Modifications 1300 Gabion Cribbing 65 CY 239.00 $15,535.00 225.00 $14,625.00 146.15 $9,499.75 280.00 $18,200.00 1310 Temporary 6' High Chain Link Fence 230 LF 4.00 $920.00 6.50 $1,495.00 10.00 $2,300.00 5.00 $1,150.00 m 1315 Type III Fixed (Permanent) Barricade 1 EA 823.50 $823.50 2,500.00 $2,500.00 1,200.00 $1,200.00 2,500.00 $2,500.00 (D C 1320 Project Sign 1 EA 1,870.50 $1,870.50 1,675.00 $1,675.00 1,000.00 $1,000.00 500.00 $500.00 j 1325 Permanent Channelization 1 LS 4,689.50 $4,689.50 1,750.00 $1,750.00 1,500.00 $1,500.00 300.00 $300.00 R 1350 Ductile Iron Sewer Pipe, 6 Inch Diameter Class 52 36 LF 139.00 $5,004.00 157.00 $5,652.00 166.00 $5,976.00 370.00 $13,320.00 Eooxv Coated O 1360 6Inch Two Way Sewer Cleanout 1 EA 1,048.00 $1,048.00 1,375.00 $1,375.00 1,000.00 $1,000.00 4,000.00 $4,000.00 1402 Raise Existing Custom Manhole to Finished Grade 1 EA 927.50 $927.50 3,600.00 $3,600.00 3,000.00 $3,000.00 650.00 $650.00 1405 Catch Basin,Type 2 54 Inch Diameter 1 EA 8,607.50 $8,607.50 8,080.00 $8,080.00 6,700.00 $6,700.00 12,000.00 $12,000.00 C 1407 Ductile Iron Storm Sewer Pipe, 12 Inch Diameter 10 LF 206.00 $2,060.00 240.00 $2,400.00 100.00 $1,000.00 1,000.00 $10,000.00 a) Y 1410 Storm Sewer Pipe, 24 Inch Diameter 20 LF 201.00 $4,020.00 262.00 $5,240.00 280.00 $5,600.00 350.00 $7,000.00 1415 Circular Frame(Ring)and Cover,Type 2 2 EA 852.00 $1,704.00 995.00 $1,990.00 600.00 $1,200.00 650.00 $1,300.00 1425 54Inch Debris Cage 1 EA 2,669.00 $2,669.00 2,870.00 $2,870.00 3,000.00 $3,000.00 3,200.00 $3,200.00 E 1430 Trash Screen 12" Diameter 1 EA 527.50 $527.50 555.00 $555.00 600.00 $600.00 500.00 $500.00 1450 Adjust Existing Catch Basin Grate or Curb Inlet Grate 2 EA 669.50 $1,339.00 450.00 $900.00 800.00 $1,600.00 800.00 $1,600.00 �fC to Finished Grade Q 1455 Adjust Existing Manhole Cover to Finished Grade 1 EA 669.50 $669.50 550.00 $550.00 900.00 $900.00 800.00 $800.00 1505 Traffic Control Labor 50 HR 52.00 $2,600.00 85.00 $4,250.00 70.00 $3,500.00 65.00 $3,250.00 1510 Traffic Control Supervisor 25 HR 87.50 $2,187.50 100.00 $2,500.00 80.00 $2,000.00 65.00 $1,625.00 1520 Temporary Traffic Control Devices 1 LS 81337.50 $8,337.50 600.00 $600.00 1,500.00 $1,500.00 1,000.00 $ 1530 Portable Changeable Message Sign (PCMS) 30 DAY 52.00 $1,560.00 70.00 $2,100.00 100.00 $3,000.00 100.00 $ Packet Pg. 270 10.B.a E Tacoma St. - Kensington Ave. Drainage 1 2 3 4 Improvements Bid Opening: March 1, 2022, 11:00 AM Olson Brothers Excavating, Inc. Northwest Cascade, Inc. R.W. Scott Construction Co. Rodarte Construction, Inc. p� 6622 112th St. E. PO Box 73399 4005 West Valley Highway, Suite A 17 East Valley Highway E. C Disclaimer: These preliminary bid results are provided as a convenience to Puyallup, WA 98373 Puyallup, WA 98373 Auburn, WA 98001 Auburn, WA 98092 M contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. y TOTAL $407,406.00 $408,815.61 $513,435.66 $514,189.02 C ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT a 1540 Construction Signs Class A 50 SF 15.50 $775.00 50.00 $2,500.00 40.00 $2,000.00 40.00 $2,000.00 C 1700 Seeding, Fertilizing, and Mulching 50 SY 52.00 $2,600.00 37.00 $1,850.00 600.00 $30,000.00 20.00 $1,000.00 r 1705 Topsoil Type A 50 CY 295.50 $14,775.00 130.00 $6,500.00 100.00 $5,000.00 100.00 $5,000.00 C 1710 Inlet Protection 4 EA 119.50 $478.00 85.00 $340.00 120.00 $480.00 70.00 $280.00 to 1715 Straw Mulch 150 SY 26.50 $3,975.00 6.50 $975.00 18.00 $2,700.00 1.50 $225.00 d 1720 Clear Plastic Covering 600 SY 4.00 $2,400.00 3.00 $1,800.00 4.00 $2,400.00 2.50 $1,500.00 Y 1725 ESC Lead 50 HR 76.00 $3,800.00 15.00 $750.00 50.00 $2,500.00 20.00 $1,000.00 rt, 1730 Wattle 800 LF 6.00 $4,800.00 5.00 $4,000.00 4.00 $3,200.00 8.00 $6,400.00 d d 1732 Filter Fabric Fence 100 LF 6.00 $600.00 7.00 $700.00 14.00 $1,400.00 8.00 $800.00 Cl) Erosion Control Blanket 600 SY 4.50 $2,700.00 5.00 $3,000.00 6.00 $3,600.00 8.00 $4,800.00 l) 1740 SPCC Plan 1 LS 504.50 $504.50 555.00 $555.00 1,500.00 $1,500.00 100.00 $100.00 E 1745 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 0 1900 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 IC H SUB TOTAL $370,032.70 $371,313.00 $466,335.75 $467,020.00 to M 10.1%SALES TAX $37,373.30 $37,502.61 $47,099.91 $47,169.02 W CONSTRUCTION CONTRACT TOTALI $407,406.00 $408,815.61 $513,435.66 $514,189.02 0 M fd H 23 m d C C O 0) C .y C d Y r c m E t U R a Packet Pg. 271 10.B.a E Tacoma St. - Kensington Ave. Drainage 5 Improvements Bid Opening: March 1, 2022, 11:00 AM Active Construction Inc. Engineer's Estimate PO Box 430 Drew Holcomb C Disclaimer:These preliminary bid results are provided as a convenience to Puyallup,WA 98371 M contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. y TOTAL $541,541.00 $410,067.45 C ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT Q C SCHEDULE I:STREET 0 1000 Mobilization 1 LS 48,000.00 $48,000.00 33,000.00 $33,000.00 C 1005 Clearing and Grubbing 1 LS 31,037.85 $31,037.85 40,000.00 $40,000.00 V1 1015 Remove Existing Trees 6 EA 1,750.00 $10,500.00 1,200.00 $7,200.00 y 1020 Remove Existing Asphalt Concrete Pavement 220 SY 31.00 $6,820.00 25.00 $5,500.00 Y 1025 Remove and Dispose of Existing Wood Crossing 1 LS 975.00 $975.00 1,500.00 $1,500.00 1030 Remove and Dispose of Grouted Rock Wall 1 LS 4,400.00 $4,400.00 2,500.00 $2,500.00 (D 1035 Remove and Dispose of PVC Pipe 1 LS 3,500.00 $3,500.00 500.00 $500.00 N 1040 Remove and Connect Unknown Drainage Pipes to Ditch 1 FA 1,000.00 $1,000.00 1,000.00 $1,000.00 1060 Ditch Excavation Incl. Haul 330 CY 100.00 $33,000.00 50.00 $16,500.00 E 1065 Unsuitable Foundation Excavation Incl. Haul 60 CY 160.00 $9,600.00 100.00 $6,000.00 v 1070 Non-woven Geotextile Fabric for Soil Stabilization 660 SY 25.00 $16,500.00 15.00 $9,900.00 1075 Gravel Borrow,Including Haul and Compaction 190 TON 92.00 $17,480.00 70.00 $13,300.00 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 100 TON 62.00 $6,200.00 80.00 $8,000.00 U) 1085 Rock for Gabion Basket Backfill 100 TON 110.00 $11,000.00 90.00 $9,000.00 W 1095 HMA Class 1/2", PG 58H-22 60 TON 290.00 $17,400.00 250.00 $15,000.00 1100 Rock for Erosion and Scour Protection Class B 520 TON 85.00 $44,200.00 130.00 $67,600.00 c 1105 Quarry Spalls 50 TON 85.00 $4,250.00 100.00 $5,000.00 M 1120 Concrete Pipe Anchor 10 CY 1,200.00 $12,000.00 600.00 $6,000.00 1290 Existing Irrigation Systems Removal, Repair and/or 1 FA 2,000.00 $2,000.00 2,000.00 $2,000.00 R Modifications 1300 Gabion Cribbing 65 CY 1,200.00 $78,000.00 70.00 $4,550.00 a 1310 Temporary 6' High Chain Link Fence 230 LF 15.00 $3,450.00 15.00 $3,450.00 m 1315 Type III Fixed (Permanent) Barricade 1 EA 5,650.00 $5,650.00 2,000.00 $2,000.00 (D C 1320 Project Sign 1 EA 1,200.00 $1,200.00 1,500.00 $1,500.00 j 1325 Permanent Channelization 1 LS 550.00 $550.00 500.00 $500.00 1350 Ductile Iron Sewer Pipe, 6 Inch Diameter Class 52 36 LF 450.00 $16,200.00 250.00 $9,000.00 EDoxv Coated O 1360 6 Inch Two Way Sewer Cleanout 1 EA 3,000.00 $3,000.00 2,000.00 $2,000.00 1402 Raise Existing Custom Manhole to Finished Grade 1 EA 3,500.00 $3,500.00 5,000.00 $5,000.00 1405 Catch Basin,Type 2 54 Inch Diameter 1 EA 7,500.00 $7,500.00 3,000.00 $3,000.00 C 1407 Ductile Iron Storm Sewer Pipe, 12 Inch Diameter 10 LF 425.00 $4,250.00 200.00 $2,000.00 a) Y 1410 Storm Sewer Pipe, 24 Inch Diameter 20 LF 525.00 $10,500.00 240.00 $4,800.00 1415 Circular Frame(Ring)and Cover,Type 2 2 EA 775.00 $1,550.00 950.00 $1,900.00 1425 54 Inch Debris Cage 1 EA 3,500.00 $3,500.00 2,500.00 $2,500.00 E 1430 Trash Screen 12" Diameter 1 EA 900.00 $900.00 2,000.00 $2,000.00 1450 Adjust Existing Catch Basin Grate or Curb Inlet Grate 2 EA 750.00 $1,500.00 1,500.00 $3,000.00 �fC to Finished Grade Q 1455 Adjust Existing Manhole Cover to Finished Grade 1 EA 975.00 $975.00 1,500.00 $1,500.00 1505 Traffic Control Labor 50 HR 97.00 $4,850.00 90.00 $4,500.00 1510 Traffic Control Supervisor 25 HR 113.00 $2,825.00 130.00 $3,250.00 1520 Temporary Traffic Control Devices 1 LS 31000.00 $3,000.00 5,000.00 $5,000.00 1530 Portable Changeable Message Sign (PCMS) 30 DAY 55.00 $1,650.00 100.00 $3,000.00 Packet Pg. 272 10.B.a E Tacoma St. - Kensington Ave. Drainage 5 Improvements Bid Opening: March 1, 2022, 11:00 AM Active Construction Inc. Engineer's Estimate p� PO Box 430 Drew Holcomb C Disclaimer:These preliminary bid results are provided as a convenience to Puyallup, WA 98371 M contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. y TOTAL $541,541.00 $410,067.45 C ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT a 1540 Construction Signs Class A 50 SF 24.00 $1,200.00 10.00 $500.00 C 1700 Seeding, Fertilizing, and Mulching 50 SY 35.00 $1,750.00 30.00 $1,500.00 r 1705 Topsoil Type A 50 CY 92.00 $4,600.00 140.00 $7,000.00 1710 Inlet Protection 4 EA 100.00 $400.00 200.00 $800.00 to 1715 Straw Mulch 150 SY 22.00 $3,300.00 8.00 $1,200.00 y 1720 Clear Plastic Covering 600 SY 7.25 $4,350.00 9.00 $5,400.00 Y 1725 ESC Lead 50 HR 125.00 $6,250.00 90.00 $4,500.00 1730 Wattle 800 LF 5.00 $4,000.00 7.00 $5,600.00 d d 1732 Filter Fabric Fence 100 LF 15.00 $1,500.00 15.00 $1,500.00 N 1735 Erosion Control Blanket 600 SY 14.50 $8,700.00 15.00 $9,000.00 1740 SPCC Plan 1 LS 1,400.00 $1,400.00 1,500.00 $1,500.00 E 1745 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 0 1900 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 IC H SUB TOTAL $491,862.85 $372,450.00 to M 10.1%SALES TAX $49,678.15 $37,617.45 W CONSTRUCTION CONTRACT TOTALI $541,541.00 $410,067.45 0 M fd H 23 m d C C O 0) C .y C d Y r c m E t U R a Packet Pg. 273 10.0 KENT WASHINGTON DATE: March 15, 2022 TO: Kent City Council SUBJECT: 2022 Asphalt Grinding Bid - Award MOTION: I move to award the 2022 Asphalt Grinding Project to Statewide Parking Lot Services, Inc. in the amount of $94,850, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project includes planing asphalt pavement to prepare the pavement surface for overlay work that will be performed by the City's street crews. The bid opening for the 2022 Asphalt Grinding Project was held on March 8, 2022 with two bids received. The lowest responsible and responsive bid was submitted by Statewide Parking Lot Services, Inc. in the amount of $94,850. Bid Tab Summary 01. Statewide Parking Lot Services, Inc. $94,850 02. AAA Contractors, Inc. $117,500 Engineer's Estimate $160,000 BUDGET IMPACT: Project is funded using both B&O and Solid Waste Utility Funds. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Asphalt Grinding Bid Tab (PDF) Packet Pg. 274 10.C.a 2022 Asphalt Grinding 1 2 Bid Opening: March 8, 2022, 10:00 AM Statewide Parking Lot Services Inc. AAA Contractors Inc. Engineer's Estimate 33920 211th PI. SE PO Box 3130 Joe Araucto Disclaimer:These preliminary bid results are provided as a convenience to Auburn, WA 98092 Kent, WA 98089 contractors for informational purposes only and do not identify lowest responsible bidder. Bid review by staff and final award pending. TOTAL $94,850.00 $117,500.00 $160,000.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 3 Q SCHEDULE I: SOLID WASTE UTILITY FUNDING ' 1000 Mobilization (Schedule I) 1 LS 3,750.00 $3,750.00 0.00 $0.00 10,000.00 $10,000.00 1005 * Planing Bituminous Pavement 15 HD 2,245.00 $33,675.00 3,250.00 $48,750.00 4,000.00 $60,000.00 m 1010 Minor Changes(Schedule I) 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 C :a SCHEDULE I TOTAL $47,425.00 $58,750.00 $80,000.00 L SCHEDULE II: B&O FUNDING = 2000 Mobilization (Schedule II) 1 LS 3,750.00 $3,750.00 0.00 $0.00 10,000.00 $10,000.00CL t 2005 * Planing Bituminous Pavement 15 HD 2,245.00 $33,675.00 3,250.00 $48,750.00 4,000.00 $60,000.00 2010 Minor Changes(Schedule II) 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 Q N N SCHEDULE II TOTAL $47,425.00 $58,750.00 $80,000.00 N SUMMARY: 00 SCHEDULE I TOTAL $47,425.00 $58,750.00 $80,000.00 0 SCHEDULE II TOTAL $47,425.00 $58,750.00 $80,000.00 CONSTRUCTION CONTRACT TOTALI $94,850.00 $117,500.00 $160,000.00 H m 'a C 'L^ V N Q C CD E t V Q Packet Pg. 275