HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 10/05/2021
KENT CITY COUNCIL AGENDA
Tuesday, October 5, 2021
7:00 PM
Chambers
Masks are required regardless of vaccination status.
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, 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 836 8271 1070
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur 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. King County Councilmember Reagan Dunn's State of the County
B. Public Recognition
1. Employee of the Month
2. Proclamation for Eleventh Annual Kent Turkey Challenge
3. Proclamation for Celebrate Community Day
4. Communications Division Awards
City Council Meeting City Council Regular Meeting October 5, 2021
C. Community Events
D. Economic and Community Development Report
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
A. First Public Hearing on the 2022 Mid-Biennium Budget Adjustments
B. First Public Hearing on the 2022-2027 Capital Improvement Program
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 CityClerk@KentWA.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.gov and CityCouncil@KentWA.gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Sep 21, 2021 5:00
PM
2. City Council Meeting - City Council Regular Meeting - Sep 21, 2021
7:00 PM
3. City Council Meeting - City Council Special Meeting - Sep 28, 2021
4:00 PM
4. Council Workshop - Workshop Special Meeting - Sep 28, 2021 4:30 PM
B. Payment of Bills - Authorize
C. Accept the 2021 Crack Sealing Project as Complete - Authorize
D. Media Forensic Software Contract - Authorize
E. Lease Agreement with T-Mobile West Tower LLC by and through CCTMO
LLC - Authorize
City Council Meeting City Council Regular Meeting October 5, 2021
F. Termination of Drainage Easements and Sidewalk Easement on Bridge
Point Kent 300 LLC Property - Authorize
G. Environmental Covenant with State of Washington, Pollution Liability
Insurance Agency and G/R Meeker Street LLC - Authorize
9. OTHER BUSINESS
10. BIDS
A. Kent Police Headquarters Renovation Project Bid - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
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.
PROCLAMATION
WHEREAS, the city of Kent recognizes the importance of proper nutrition for
every citizen and that many families in our community are faced
with food shortages; and
WHEREAS, the Kent Food Bank distributes between 1,200 and 1,500
Thanksgiving baskets to Kent families and the need for donated
food is greater than ever; and
WHEREAS, through the generosity of Torklift Central employees, October 7,
2O2l marks the kick-off of the eleventh Annual Kent Turkey
Challenge that will run through November 15' 2O2!; and
WHEREAS, employees of the Torklift Central in Kent, challenge all local
businesses to join them in collecting canned goods and frozen
turkeys that will be distributed by the Kent Food Bank this holiday
season; and
WHEREAS, Thanksgiving baskets will ensure families here in Kent that are
dependent upon the Kent Food Bank will receive enough food for
their holiday dinner; and
WHEREAS, through said generosity of our community, the Kent Food Bank
will be able to increase the number of families receiving holiday
baskets and ensure the quantities of food are adequate;
NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim
October 7 through November t5, 202L as the
Eleventh Annual Kent Turkey Challenge
In Kent Washington and encourage all residents and local businesses to accept
the challenge from Torklift Central employees by collecting frozen turkeys and
canned goods for the ever-increasing number of families in need here in our
community.
In witness whereof, I have hereunto set my hand this 5th day of October
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Mayor Da
4.B.2
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wHEREAS,
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PROCLAMATION
the aim of Celebrate Community, has brought to fruition a joint
initiative of the four major volunteer service organizations, which
launched the year 2021 with a focus on local community service; and,
Celebrate Community is a worldwide effort supported by the
organizations - Kiwanis International, Lions Clubs International,
Optimist International, and Rotary International; and,
Celebrate Community encourages clubs to reach out to one another to
work together on projects that improve and benefit local communities;
and,
Celebrate Community can make a difference by creating a positive
change in our community and the world;
local Kent service based organizations have partnered together for a
Green River Trail Cleanup day on October L6,2O2L and are hopeful this
will lead to more frequent collaboration, fellowship and projects among
our service clubs
NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim October 16,
202L as
Celebrate Community Day
In Kent Washington, May this joint effort instill pride in our city's volunteers for all
their accomplishments and for the impact they create to truly make a difference in
others'lives.
In witness whereof, I have hereunto set my hand this 5th day of October,2O2L.
Mayor Ralph
KENT
WagHrNoroN
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Administration
• The mayor’s work on the mid-biennium
budget adjustment is now complete and
the City Council’s work has begun! The
council will discuss the budget in
workshops on October 5 and 19 and in the
Operations & Public Safety Committee
meeting on November 2 before adopting a
budget adjustment November 16.
o This year’s adjustment process also
features operating and capital
investments made possible by the
federal American Rescue Plan Act
(ARPA) and capital investments made
possible by the Legislature’s
reinstatement of streamlined sales tax
mitigation funds.
o Budget materials are online at
www.kentwa.gov/city-hall/finance.
• The city is awaiting direction from the state
Department of Labor & Industries on an
employee vaccination mandate per
President Biden’s Covid-19 strategy. State
regulations currently mandate vaccinations
for a subset of Recreation employees. More
than 70% of city employees are already
vaccinated.
• Thank you to Public Works Director Chad
Bieren, Long Range Planning Manager
Hayley Bonsteel, and lobbyist Briahna
Murray for taking our state legislators on a
tour of transportation and economic
development projects in August-
September.
• Staff will present a 2021 draft legislative
agenda to the Operations & Public Safety
Committee soon.
Clerk’s Office
• During the month of September, the City
Clerk’s Office responded to over 611 public
disclosure requests, including
reviewing/redacting over 1300 minutes of
body-worn camera video.
• Staff processed 72 contracts, conducted
one in-person bid opening and accepted
requests for proposals for two projects.
Economic Development
• Economic development staff accompanied
the Mayor on meetings and tours of
Recompose, the nation’s first human
composting death care service which
provides an environmentally friendly
alternative to conventional burial or
cremation, and the Boeing Company and
Alaska Airlines’ EcoDemonstrator project, a
research program to test aviation
technologies designed to improve fuel
economy and reduce the noise and
ecological impacts of airliners.
• Alongside OneRedmond, economic
development has convened a grant writing
coalition to apply for Economic
Development Administration’s “Build Back
Better” opportunities. Early conceptual
meetings with regional industry
associations and other interested parties
begins this week.
• Staff participated in the Pacific Northwest
Aerospace Alliance’s “Supplier Showcase”
ADMINISTRATION
ECONOMIC AND COMMUNITY
DEVELOPMENT
October 5, 2021
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at Orion Industries to gain insights into this
innovative company’s Paid Training
Program for aerospace parts manufacturing
careers.
• Staff won an Award of Excellence from the
3CMA, the national City County
Communications and Marketing
Association, for its Kent Valley Economic
Development website at
KentValleyWA.com. Staff continually
fosters its partnership with Kent’s
neighboring cities to support this joint
marketing effort to promote the region as a
great place to do business.
• Staff continues to promote and share with
community-based organizations new
information available about emergency
supports available for businesses including
updated guidelines for EIDL loans, Flex
Funds and new grant opportunities.
Additionally, staff is tracking and sharing
with stakeholders new federal, state and
county mandates pertaining to employee
vaccination.
• Staff completed a thorough review of its
department webpages to prepare for the
City’s website refresh. Part of this effort
includes developing a series of user-
friendly guidebooks for starting a business
and navigating the permit process. These
guidebooks will be shared with community
stakeholders, especially those where
English might be difficult, to ensure their
usefulness and usability for BIPOC
community members living and doing
business in Kent.
Permit Center/Building Services
September was a busy month for the
inspectors who completed 938 inspections.
The plan review team continued at a steady
pace with 108 reviews of new applications and
40 resubmissions.
Workday
• Continue design and configuration to
streamline processes and procedures for
the LEAN Temporary Hiring project.
• Completed implementation of 12-hr shifts
for Police Patrol.
• We’ve had 188 items logged on the issue
tracker: 118 closed, 21 in progress and 49
are open.
Benefits
• Special enrollment for eligible employees
and their spouses for voluntary Long-Term
Care (LTC) alternative to the state’s Long-
Term Services and Support Act (LTSS)
ends Thursday, Sept. 30. The City has met
the minimum required enrollments to
provide the guarantee issue.
• Open enrollment for City benefits will begin
October 29-November 12.
Recruitment
• New hires: Nathan Schildmeyer hired as a
Sr. Planner in ECD (10/1), Jennifer Hiatt
hired as the Administrative Assistant II in
the City Clerk’s Office (10/18), Lorna Ven
hired as a Central Financial Analyst in
Finance (10/18)
• Interviews for Permit Technician scheduled
for the week of 10/4
• Interviews for Community & Engagement
Supervisor scheduled for 10/8
• Computer assessment/testing for Parking
Enforcement Assistant scheduled for 10/5
Labor
• Re-class paperwork – Parks: vacant ASAIII
– Account Tech
• Negotiations continue with KPOA for new
collective bargaining agreement
• Discipline records discussion w/ PD
Information Technology Projects
• Teams Calling POC - deploy the City’s next
voice calling system ensuring modern day
business system compatibility.
• Laserfiche Mass Conversion - to deliver the
replacement for the current imaging
system which consists of
Captovation/eCapture for scanning and
imaging, and Oracle IPM for image storage
and retrieval. Replacement of the aging
imaging system will also provide
opportunities for delivering enhanced
capabilities and efficiencies to the city in
areas such as a self-service web-based
portal to support public records requests,
FINANCE
HR
IT
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electronic forms and process automation,
and review/clean-up of the existing
repository.
Information Technology operational support
for September 19, 2021 to September 28,
2021
• Number of tickets opened – 160
• Number of tickets closed – 209
Enterprise GIS
General:
• Continued normalization of address
database
• EGIS Intern working on updating Kent
GeoPortal
• Set up of training opportunities for Mural
software implementation
• Assisting with GIS needs for CMS refresh
project
• Rearchitected plan for GIS system citywide
• Working with PW GIS on impervious
surface workflow citywide
• Meeting with Police for deployment of
SafeCam application
Weekly Customer Service Requests:
• Monthly GIS data update
• Providing customer support to help staff
connect to GIS data
• Managing AutoCAD license renewal
• Managing ArcGIS Esri license requests
• EGIS participating in citywide software
implementations and providing GIS support
• Assisted outside counsel with responding to
comprehensive discovery requests in
pending litigation concerning an
employment matter.
• Continued to assist HR in administering the
Governor’s vaccine mandate for those
employees whose job duties fall within the
scope of the mandate, including navigating
religious and medical exemptions.
• Continued to assist staff on small cell
permitting and siting issues.
• Worked with Finance to successfully ensure
all Local Improvement District (LID)
accounts were paid in full. These efforts
resulted in zero delinquent LID accounts
and eliminated the need to move forward
with foreclosure proceedings for this
purpose.
• Prosecutors watched 9,212 minutes of
body worn camera video footage in
preparation for August jury trials.
Prosecutors also attended 62 court
calendars in August.
• Continued to assist the Clerk’s office with
public records requests as needed, and
Public Works, ECD, IT and Parks with a
number of high priority contracts and
development projects, including property
rights and access issues involving Naden
Avenue.
• Assisted the Clerk’s Office in preparing the
agenda for the City Council meetings and
Committee of the Whole meetings.
• Assisted the HR Department in a number of
sensitive employment and labor related
matters.
Recreation and Cultural Services
• Downtown murals by Nick Goettling and
Ian Shearer were dedicated on Friday,
September 24 at 3 p.m. Approximately 50
people attended, including Arts
Commissioners, City Councilmembers, Kent
Downtown Partnership board members,
Mayor Dana Ralph, and the mural artists.
• Kent Creates is hosting an online exhibit
around the theme “Free to Roam.” The
exhibit is accepting submissions in all
mediums through November 30.
• Centennial Gallery features paintings by
Ian Shearer and Tsehaye Hadish on display
through October 29.
• 2021-2022 Spotlight Series tickets are on
sale. Collision of Rhythm will kick off the
season on Saturday, October 9 with a
performance featuring drumming, juggling,
tap dancing, and music. As of September
28, 98 tickets have been sold. With socially
distant seating rules in place for this
performance, only a handful of tickets
remain.
• Staff is recruiting for new Arts
Commissioners to fill four positions that will
be vacated in October by members who are
ineligible to serve additional terms,
according to the new Boards and
Commissions policy. Staff is currently
LAW
PARKS, RECREATION, AND
COMMUNITY SERVICES
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working to schedule interviews with the
seven candidates who submitted
applications.
• The Senior Center Lunch Program opened
September 28 after an almost nineteen-
month COVID hiatus. This very popular
program operates Monday - Friday 11:45
AM - 1 PM. Staff and seniors are excited to
have this program open as it meets a wide
variety of social and nutritional benefit
goals.
Staff Changes - Hiring/Retirement/Recruitment/
Leaves/Promotions
• Officer Matt Rausch resigned September 3.
• Corrections Officer Daffyd Tyler resigned
September 3.
Significant crime activities/arrests/investigations
• On September 16, at 1:12 am, officers
responded to a DV assault/kidnapping where
a 17-year-old victim was being assaulted and
threatened by her 17-year-old boyfriend. The
suspect’s car was spotted, and a felony stop
was conducted. The suspect was arrested for
Kidnapping and Assault-4 DV and booked
into KC Juvenile Detention.
• On September 17 at 5:30 am, officers
responded to an armed robbery at
Hawthorne Suites. The first victim was
robbed at gunpoint and the suspect fled. As
officers were enroute, Dispatch provided
updates that a subject was getting assaulted
at the Shell gas station. When Officers
arrived, the suspect was in a victim vehicle in
the drive-thru at Cowgirls Espresso. The
suspect had attempted to rob a second victim
at the air pumps. Then he tried to carjack the
third victim at the espresso stand. The
suspect was taken into custody on three
counts of Robbery-1.
• On September 19, at 1:18 am, officers were
dispatched to a shooting at Circle K, 1809 W
Meeker St. Officers located two shooting
victims at the scene. The victims had been
getting gas and an unknown male came up to
the vehicle and started shooting. A third
shooting victim was in the vehicle that was
driven away by the suspect. Both victims
were transported to Harborview. Emergency
cell phone pings were started for a victim’s
cell phone that was still inside the vehicle.
Officers located the third victim, deceased
from gunshot wounds, in the 3800 block of
256th St.
• On September 22, at 2:08 pm, a male
suspect entered the Catholic Store at 1st and
Gowe, then proceeded to assault the 70-
year-old female employee by knocking her
down then punching and kicking her in the
head. He also was groping her during the
assault, all of which lasted almost two
minutes. He quickly ran out of the store in an
unknown direction. Detectives are
investigating.
• On September 26, at 5:30 pm, officers were
dispatched to a shooting at Alvista 240
Apartments. Two victims were found inside
an apartment in the K building. Victim told
Officers the suspect was known to him and
frequents Phoenix Court Apartments. Both
victims were in stable condition. Detectives
are investigating.
• On September 26, at 8:41 pm, officers
responded to reports of a male shot in the
chest at the Fred Meyer at 2520 Pacific Hwy
S. When officers arrived, all involved parties
were gone. Based on witness statements, the
male victim got into an argument with a
female, accusing her of stealing his money.
The victim then took the female’s purse and
walked away. The victim was followed by the
female and a male suspect. The female got
her purse back from the victim, and the
suspect then took out a gun and shot the
victim one time in the chest. All involved
parties then fled, possibly together in the
same vehicle. Detectives are investigating.
• On September 27, at 4:37 pm, officers did a
great job of responding to a suicidal juvenile
who was holding his mother and sister
hostage with a gun. The apartment was
surrounded, and de-escalation was
conducted. Fortunately, the suspect exited
the apartment without hurting anyone and
was taken into custody without incident.
Land Survey/PW GIS
• Land Survey field staff have completed
portions of the design topography mapping
for the 2022 Watermain and staking of the
2021 Watermain projects. Land Survey
office staff completed Right of Way
calculations for CIP (Capital Improvement
Projects) plans, drafted records of surveys
POLICE
PUBLIC WORKS
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and legal exhibits. The City Surveyor acted
as a professional witness for the City
Attorney’s office.
• Public Works GIS staff have performed
regular data editing and maintenance as
required, focusing on vegetation
maintenance areas; updated the snow and
ice response map; supported ArcGIS
collector use for the drainage pump
stations and water source and supply staff.
The GIS supervisor coordinated with
Enterprise GIS on current data shared with
the public via web services and provided
updated training on software usage for the
Cityworks sustainment phase in
Operations.
Design
• S 212th Street/Garrison Creek temporary
culvert repair: patching work completed
Sept 29-30. Lining work eliminated from
the project scope.
• East Valley Highway slump: continuing
negotiating with King County Wastewater
Treatment Division (KC WTD) on an
interlocal agreement. Anticipate completing
the agreement this fall with advertisement
and construction this winter.
• WA Ave South stormwater pump
station: utility coordination continues with
Zayo, CenturyLink and PSE. Additional field
exploration of existing utilities indicate
further design is needed for the sanitary
sewer connection on Washington Ave.
Team to meet with Operations to discuss
pumpstation operational needs and
components.
• E Tacoma St. – Kensington Ave. drainage
improvements: team determined pipe
crossing the ditch is an operating side
sewer. Additional design work needed to
address the condition.
• 2022 watermain upgrades: design review
completed and comments are being
incorporated.
• 212th overlay – Orillia Road/city limits to
Green River bridge: working with King
County roads on a reimbursement
agreement. 60% review comments
received and are being incorporated.
• 2022 overlay: additional scope of work
received for the inclusion of two bridge
approaches. Team to evaluating feasibility
of including the work and adjusting project
scope as needed.
• Green River outfall repairs: two locations
identified for repairs. Secured consultant to
perform archaeological review at the
locations. Washington Ave S and Foster
Park.
• S 224th Street – 94th to 216th – phase 3
west: coordinating with consultant to start
design for compact roundabout at 98th and
216th. Reviewing roadway cross-section for
opportunities to minimize impacts to
neighbors.
Construction
• West Hill reservoir: steel setting will
continue after hand-welding of the first
barrel section. 38th Ave S is closed between
S 248th St and S 247th St for the duration
of the project. Pedestrian access through
this closure will be maintained.
• S. 212th street preservation – 72nd Ave S to
84th Ave S: the majority of the final striping
and pavement marking installation is
complete. The remaining will be
rescheduled during the next available
weather window. Utility and monument
casting adjustments are being scheduled to
begin as weather permits.
• 2021 watermain replacement: after a long
suspension due to material availability, the
contractor resumed work on Monday,
September 27 on Titus Ave.
• Kent Multicare parking lot (222 State Ave
N) – paving patches along the new curb &
gutter configuration will be completed this
week and Smith St will be reopened to
traffic. Final overlay paving will be
scheduled in October as weather permits.
Environmental
• Private stormwater inspection: staff will
inspect all stormwater infrastructure at the
Verdana/Bridges neighborhood this week.
• Adopt-A-Street/Spot: currently 71
participating adopter partners with
continual new interested groups: 3rd
quarter numbers to date: total volunteers:
234; total bags of trash removed: 254;
total volunteer hours: 404
• Flood prep: upcoming flood prep meetings
are the Corps of Engineers Green River
Coordination meeting on Wednesday,
October 6, and the King County Flood
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Coordination meeting on Tuesday, October
19.
FWLE:
• Over 500 Permit revisions have been
identified on the project, while not all are
within the City of Kent, many are. This was
expected and is a part of the design-build
process. Staff continues to process the
permit revisions.
• Construction of the Kent Des Moines
Garage is on-going. The contractor has
begun construction of the third level.
• Work to connect the girders, install decking
and other components of the elevated
guideway at the Kent Des Moines Station is
on-going.
• The abutment and walls for the guideway
between I-5 and the Midway Landfill have
begun construction. The contractor has
begun setting panels.
• Construction of the walls between the
Midway Landfill and S. 259th have begun.
• The area between S. 259th Street and the
Star Lake Station has been cleared. The
area has been stabilized for the rainy
season. Geotechnical borings are being
completed in this area.
• Dry utility work was completed on S. 272nd
Street.
• Water connections were completed at the
intersection of S. 272nd Street and 26th
Avenue South.
• Construction of walls around the Star Lake
parking structure has begun.
• Walls for the Sound Transit pond at Star
Lake have been poured.
• Sub-contractors for the Star Lake Station
and Garage have mobilized.
Streets
• Street Maintenance ground and performed
hot patch repairs on Military Rd shoulders
and on S 228th St, shoulder repairs on
135th Ave SE, 256th Pl and on 38th Ave S,
hot patch repairs on SE 222nd Ct and on
32nd Pl S, sidewalk repairs on SE 256th St,
SE 240th St, 135th Ave SE and on Reith Rd
and swept and cleaned along the berm on
S 208th St.
• Signs and Markings completed sign
maintenance on the East and West Hills,
replaced a sign on 127th Ave SE and SE
Kent Kangley Rd, turned the photo
enforcement flags in school zones, replaced
c-curb markers Citywide and performed
RPM inspections for the 2022 overlay
project.
• Solid Waste performed a homeless
encampment cleanup on Novak Ln and
removed debris and illegal signage on 108th
Ave SE and on SE 274th St.
• Water Vegetation line trimmed and picked
up litter at Clark Springs, West Hill sites,
Blue Boy Tank, 3.5 Tank, Guiberson,
Armstrong Springs, PS#5 and Seven Oaks
well.
• Street Vegetation weeded and removed
debris on traffic islands Citywide.
The Sidearms mowed on 132nd Ave SE, 80th
Ave S, SE 240th St, 88th Ave S, Russell Rd,
S 252nd St, Grandview Park Trail, Benson,
116th, 72nd and on Frager Rd. They also
installed a fence and gate along Kent
Kangley Rd for the Sewer station.
Wetland Mitigation winterized irrigation at
mitigation sites, staged plants for Frager
Rd, performed Cottonwood mitigation
planting, vegetation monitoring at Rock
Creek HCP3 and Leber and line trimmed at
the Downey site.
Wetland Maintenance mowed and line
trimmed Maplewood Grove on 108th Ave
SE, Redondo on 27th Ave S, Signal Electric
on 3rd Ave S, 72nd Ave diversion channel on
68th Ave S, ShoWare Center on 4th Ave N
and at Horseshoe Bend on 80th Ave S. They
also worked on split rail fence repairs at
Brookside Ct on 132nd Ave SE and at
Kingstone South on 114th Ave S.
• Holding Pond crew mowed and line
trimmed at Eastwood and Lang on 100th
Ave SE, Park Place on S 242nd Pl,
Strawberry Place Div. 2 on 100th Ave SE,
Wendy’s ditch on Kennebeck Ave N,
Riverview Blvd pond on S 216th St, LID 353
pond on Military Rd S, 277th corridor #1 on
Green River Rd, Racheal Place on 6th Ave S,
Goodwin on S 248th St, Walnut Grove on S
242nd St, Walnut Ridge on S 242nd Ct, Top
of the Hill on SE 244th St, Autumn Glen on
105th Ave SE, 3rd Ave S, Highridge on
Woodland Way S, Riverview Blvd,
Cambridge HP and BS on 46th Ave S,
Kentwood Glen on 45th Ave S, Randell Park
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on S 261st St and Winterbrook HP on S
272nd St.
Water
• Staff have completed the water main
installation on 5th Ave S at Rachel Place.
Pressure testing and water purity samples
have passed so staff are starting to install
the new water service lines for the
customers. Staff are also beginning a
project on Kennebeck Ave at E Ward St
and E Meeker St to increase fire flow
availability across the valley water system.
12-inch connections to a 16-inch water
main will be made and tied into the water
mains on E Ward St and E Meeker St and
will be used for future water main
improvements. Summer water demands
are decreasing, and staff are beginning to
perform maintenance activities on water
source meters.
Storm/Sewer
• Storm crews assisted in a Hesco sandbag
and ring dike training given by the Army
Core of Engineers offered to Public Works
Operations field staff, performed ditch
maintenance on E Valley Hwy and on S
222nd St, manhole repair on Pac Ave and S
244th St, dam and vault inspections
Citywide and storm line cleaning on SE
200th St and on SE 192nd St for the 2022
overlays. Crews also performed National
Pollutant Discharge Elimination System
(NPDES) assessing on SE 276th St and on
SE 272nd Pl and NPDES pumping on SE
270th St and on SE 280th St.
• Sewer crews performed manhole
installations on 68th Ave S and on 228th
Ave SE, cleaned wet wells, worked on
Lindental upgrades and the GRNRA shelf
plan, pulled lagoons pump, TV’d for 2022
overlays on 112th Ave SE and on SE 256th
St and cleaned 2022 overlay areas
Citywide and the sewer lines on 112th Ave
SE.
Fleet/Warehouse
• The Warehouse crew continued to assist
with CDL training and perform forklift
trainings, maintained the shops yard,
keeping it clean and free of litter and
debris, cleaned and maintained the wash
rack, washed and vacuumed motor pool
vehicles, issued personal protection
equipment (PPE’s) and motor pool vehicles
to staff and hydrant meters and public
notice boards to contractors, repaired small
equipment as needed, received parts and
inventory orders, continued to manually
open and close the broken East gate daily
as well as set out and remove the type 3
barricades in the employee south parking
lot at the beginning and close of the work
day.
• Fleet crews worked on scheduled and non-
scheduled maintenance, new vehicle set
ups which included 13 new Explorers
heading to the upfitter and new truck
builds, started on the winter prep work of
checking snow equipment, including
sanders and plows, prepared older vehicles
for auction and handled any submitted City
Space write ups.
• The Radio Shop performed regular radio
maintenance and new vehicle set up,
including the new truck builds.
###
5.B
Packet Pg. 12 Communication: Chief Administrative Officer's Report (Reports from Council and Staff)
Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
September 21, 2021
Date: September 21, 2021
Time: 5:02 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Troutner called the meeting to order.
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Remote
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Excused
Dana Ralph Mayor Present
II. PRESENTATIONS
1 Kent-Des Moines Station Transit-
Oriented Development
Bill Ellis
Sound Transit
Staff
45 MIN.
Chief Economic Development Officer Bill Ellis introduced Sound Transit staff
Jaycee Bigham - Community Engagement Specialist and Katie Drewel -
Government and Community Relations Officer.
Drewel provided a recap of the Kent/Des Moines station area transit-oriented
development planning and also reviewed the work plan. Sound Transit is
currently in Phase 2 for the online engagement event.
Bigham reviewed the Community Engagement during Phase 1. Staff reviewed
the participant demographics and indicated key findings regarding the
community is their desire to:
· Support the ethnic and cultural diversity of the area
· Provide a variety of housing types
· Provide natural spaces for gathering
· Promote safety around the station area
Community Engagement during Phase 2 will include:
· Online open house and survey that will run October 25th - November 19th
· Community-based organization engagement
· Fact Sheet
8.A.1
Packet Pg. 13 Minutes Acceptance: Minutes of Sep 21, 2021 5:00 PM (Approval of Minutes)
City Council Workshop Workshop Regular
Meeting
Minutes
September 21, 2021
Kent, Washington
Page 2 of 3
· A Community Conversation on November 3rd
The goal is to gather additional feedback on community priorities.
Drewel expressed appreciation of the partnership and collaboration with City
staff.
2 Performance Measures Michael Mage 45 MIN.
Government Performance Coordinator Michael Mage provided the Council
with an update on the "advancekent" 2021-2022 Strategy Deployment and
Performance Measures project.
The goal of the project is to bring the Council goals to life - connecting
measures to the relevant goals.
Performance Dashboard accomplishments and work in progress were
reviewed. The target is to publish the dashboard in the first quarter of 2022.
Mage conveyed the City's Advance Kent Performance Measures Project was
recently recognized for the interdepartmental teamwork and collaboration.
Mage expressed appreciation of the City's Advance Team.
During the ELT Strategic Planning Meeting, participants complete a multi-
voting exercise to identify the "vital few" metrics. Mage reviewed the criteria
for selecting metrics and reviewed the metrics that are ready to be
published.
Mage advised that the City is seeking inspiration from the City of
Williamsburg dashboard.
Mage walked the Council through the draft Performance Dashboard where
the City will track performance measures toward Council Goals:
· Diversity, Equity & Inclusion
· Public Safety
· Economic Vitality and Livability
· Community Engagement
· Government Accountability
· Dependable Infrastructure
Mage advised he is exploring internal platform options
Next Steps for 2021:
· Continue working with ELT to connect metrics to Council goals
· Update City Council with final metrics for Performance Dashboard
8.A.1
Packet Pg. 14 Minutes Acceptance: Minutes of Sep 21, 2021 5:00 PM (Approval of Minutes)
City Council Workshop Workshop Regular
Meeting
Minutes
September 21, 2021
Kent, Washington
Page 3 of 3
· Incorporate any "glaring omissions" from the City Council
· Develop dashboard platform and structure for data collection
Next steps for 2022:
· Launch initial Performance Dashboard and begin updating regular process
· Begin connecting resident feedback to Performance Dashboard
· Continue building internal support and expertise for data analysis
Mage indicated he will follow-up with statistics on diversity in hiring and
where social media clicks are coming from.
Larimer commented that the metrics appear to be light on Parks data.
Meeting ended at 5:58 p.m.
Kimberley A. Komoto
City Clerk
8.A.1
Packet Pg. 15 Minutes Acceptance: Minutes of Sep 21, 2021 5:00 PM (Approval of Minutes)
Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
September 21, 2021
Date: September 21, 2021
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Dana Ralph Mayor Present
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Remote
Marli Larimer Councilmember Present
Les Thomas Councilmember Excused
Zandria Michaud Councilmember Present
3. AGENDA APPROVAL
A. I move to approve the agenda.
No changes.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud
EXCUSED: Thomas
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Appointment to Public Facilities District Board
Mayor Ralph provided details on the process to reappoint Greg Haffner to the
Public Facilities District Board.
B. Community Events
Council President Troutner and Councilmember Fincher advised of upcoming
community events.
8.A.2
Packet Pg. 16 Minutes Acceptance: Minutes of Sep 21, 2021 7:00 PM (Approval of Minutes)
Kent City Council City Council Regular Meeting
Minutes
September 21, 2021
Kent, Washington
Page 2 of 7
C. Public Safety Report
Chief Rafael Padilla provided the public safety report that included the
presentation of lifesaving awards to Officer Jacob Reed, Officer Adam
Ferguson and Officer Eli Morris. These officers are being commended for their
quick lifesaving actions.
Chief Padilla presented the Chief's Award for Citizen Commendations to Holly
Mazzeo, Emani Tooalo and Christian Napper-Meyercer. These citizens are
being commended for their decisiveness and courage to help a victim in her
time of great need.
Mayor Ralph performed the swearing-in of Officer Nicholas Lontz.
Chief Padilla expressed appreciation of the Multimedia and Communications
staff for their work on creating the new police recruiting video.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph serves as the chair of the Transportation Policy Board that
recently heard a presentation on the Regional Transportation Plan and
evaluating the development of the plan using an equity lens.
Mayor Ralph serves as the chair of the Project Selection Task Force that is
reviewing criteria used for federal funding and discussed "set asides" for
preservation, climate, and bike/pedestrian projects.
Mayor Ralph serves on the South County Area Transportation Board that
heard a presentation from the Puget Sound Regional Council on
demographics that include noise levels, location of electric charging stations
and the legislative agenda that may include a proposal from the City of Des
Moines addressing noise levels of loud cars.
Mayor Ralph advised of the recent grand opening of the Puget Sound Energy
charging station located in the Shari's restaurant parking area.
Mayor Ralph expressed appreciation of the Afghan Health Initiative and their
vaccination efforts.
Mayor Ralph advised of the recent graduation of Kent 101 civics academy
participants and indicated the next session will begin in January.
B. Chief Administrative Officer's Report
Chief Administrative Officer Derek Matheson advised the Mayor's Office and
Finance Department have completed the proposed mid-biennium budget
adjustments that will include allocating capital funding and Federal American
8.A.2
Packet Pg. 17 Minutes Acceptance: Minutes of Sep 21, 2021 7:00 PM (Approval of Minutes)
Kent City Council City Council Regular Meeting
Minutes
September 21, 2021
Kent, Washington
Page 3 of 7
Rescue Plan Act dollars.
Mayor Ralph will present her proposed mid-biennium budget on September
28th during a special 4 p.m. City Council meeting followed by a special
workshop at 4:30 p.m.
Two workshops are scheduled in October. Council will be invited to submit
questions and suggestions and staff will work through responding to those
questions and suggestions during the workshops. The goal is to take the
proposals to the Operations and Public Safety in November in hopes of
adopting the budget before Thanksgiving.
Matheson indicated staff is working with the City's lobbyist on the 2022 state
legislative agenda. This draft legislative agenda will be brought to the
Operations and Public Safety committee in November and then to the Council
for adoption.
Matheson's report is included in today's agenda packet and there is no
executive session tonight.
C. Councilmembers' Reports
Council President Troutner provided a recap of the workshop presentations
on Transit-oriented Development Engagement on the Kent/Des Moines
station and an update on "advancekent" the 2021-2022 Strategy Deployment
and Performance Measures project.
Troutner provided a recap of today's Operations and Public Safety Committee
agenda items.
Troutner serves on the SCA Regional Transit Committee that held a special
meeting on September 15th where the committee met with the Mobility and
Environment Committee with King County on updating Metro's policies. Metro
recently launched the Ride Pingo to Transit app that is an on demand access
to transit hubs and work locations in Kent.
Councilmember Boyce serves as the vice chair on the SCA Public Interest
Committee that recently conducted a roundtable to hear what is going on
with the 38 member cities.
Boyce provided a recap of the Economic and Community Development
committee agenda items.
Councilmember Fincher serves on Kent’s Art’s Commission and advised of the
new traffic box wraps, the Centennial Center art gallery and the Kent Creates
contest “Free to Roam” and advised the deadline to submit art is November
30th.
8.A.2
Packet Pg. 18 Minutes Acceptance: Minutes of Sep 21, 2021 7:00 PM (Approval of Minutes)
Kent City Council City Council Regular Meeting
Minutes
September 21, 2021
Kent, Washington
Page 4 of 7
Councilmember Kaur serves as the chair on the SCA Puget Sound Clean Air
Agency Advisory Council that recently heard a presentation on strategic
planning wood stove loan and air quality in addition to a presentation on
equity. The Council is currently recruiting for a new executive director.
Kaur serves on the SCA Domestic Violence Initiative Regional Task Force that
met and heard a presentation on the domestic violence Hope Line - a free,
safe, confidential tool. Call 206-737-0242 or visit www.dvhopeline.org to
confidentially chat. There was a presentation from the King County Sheriff’s
Office on language access process in addition to a presentation on
UVisa/TVisa and hate crimes.
Councilmember Larimer serves on the SCA Advisory Council on Aging and
Disability Services that met and received a presentation from the King
County Regional Homeless Authority that are working on a regional solution.
Topics discussed included identifying the gaps in service. The Council also
discussed the Older American’s Act funding with the focus on social
connectivity and projects that will be funded. There was discussion regarding
Intergenerational programs being funded with ARPA dollars.
Councilmember Michaud serves on Kent's Human Services Commission that
recently received a presentation on the changes to board and commission
member terms. The commission discussed the impact to losing three
members at the same time. The Council is working through the equity plan
for the grant making process and are considering creating a racial equity
assessment tool in addition to considering creating a grant review advisory
committee.
Councilmembers Michaud and Larimer recently participated in a tour of the
Mill Creek canyon with Parks staff. Michaud expressed her appreciation of the
improvements that have been made to cleaning up the canyon and
encouraged everyone to visit the park.
6. PUBLIC HEARING
None.
7. PUBLIC COMMENT
T.J. Peterson, a Kent resident provided public comment regarding tenant
protections and homelessness issues he would like the Council to address.
8. CONSENT CALENDAR
Move to approve Consent items A-E.
8.A.2
Packet Pg. 19 Minutes Acceptance: Minutes of Sep 21, 2021 7:00 PM (Approval of Minutes)
Kent City Council City Council Regular Meeting
Minutes
September 21, 2021
Kent, Washington
Page 5 of 7
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud
EXCUSED: Thomas
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Sep 7, 2021 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Sep 7, 2021 7:00
PM
B. Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills received
through 8/31/21 and paid on 8/31/21 and approve the checks
issued for payroll 8/16/21 through 8/31/21 and paid on
9/3/21.
C. Excused Absences for Councilmember Thomas - Approve
MOTION: I move to authorize the Mayor to approve excused
absences for Councilmember Thomas for the meetings of
September 21, 2021 and September 28, 2021.
D. Possession of Drug Paraphernalia Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4412, repealing
section 9.02.850 of the Kent City Code to ensure the City’s code
provisions and enforcement of drug paraphernalia laws are
consistent with new state legislation.
E. Reappointment to the Public Facilities District Board - Appoint
MOTION: I move to appoint Greg Haffner to Position 2 of the
Public Facilities District board for a four-year term starting on
September 1, 2021 and ending August 31, 2025.
9. OTHER BUSINESS
A. Approval of Memorandum of Understanding with Kent Police
Officers Association - Authorize
Human Resources Director Teri Smith provided details on the Memorandum
of Understanding with the Kent Police Officers Association.
Smith advised of the reasons the Memorandum of Understanding is being
brought to Council.
Smith provided an overview of the timeline of work done on evaluating the
need for an MOU and the work that took place to draft and negotiate the
8.A.2
Packet Pg. 20 Minutes Acceptance: Minutes of Sep 21, 2021 7:00 PM (Approval of Minutes)
Kent City Council City Council Regular Meeting
Minutes
September 21, 2021
Kent, Washington
Page 6 of 7
MOU. Any change to wages, hours and working conditions are mandatory
subjects of bargaining.
Chief Padilla advised over the past several months, Kent Police Department
staffing levels have been decreasing. Numerous officers have retired early
from service, others have taken positions with police agencies in other
states, while other have left law enforcement for work in another career field.
In addition, applications for open police officer positions have been declining
across the region. In Kent, applications have declined by over 50% in the
past two years.
Recently, due to low staffing levels, patrol officers have been mandated to
work overtime on a daily basis. This high level of overtime has strained the
Department budget and has created a difficult work environment. Staffing
has recently become so low that the Chief has enacted policies requiring all
sworn officers to cover patrol shifts and help respond to calls for service.
Chief Padilla provided details on evoking the emergency clause of the CBA by
making emergency changes to schedules. The change to schedules could not
wait for the new CBA to be finalized. Chief detailed the new work schedules.
This change will have a significant impact on reducing overtime.
Smith reviewed the financial impacts of the current consumer price index of
6.3% and increase due to the comparison of salaries of comparable
jurisdictions. Smith provided details of implementing shifts under the 7(k)
exemption and the impacts of the increase in work hours without payment of
overtime. This MOU calls for a 16% increase in wages.
The City of Kent has historically tried to place its police officers in the top
third of the market based on data available from its comparable cities at the
time of negotiations. Adding an additional 5% to the COLA, as a market
adjustment, should place Kent police officers at number four in the market.
Smith advised the City and KPOA have reached a tentative agreement that, if
approved by the council and the KPOA, will take effect on October 3, 2021.
Chief Padilla will return to the Council in three months to provide an update
on how the new work schedule is working out.
MOTION: I move to authorize the Mayor to sign the
Memorandum of Understanding between the City of Kent and
the Kent Police Officers Association establishing new 12-hour
and 10.5-hour overtime exempt shifts and a compensation
increase that accounts for the additional hours of work, a
market adjustment, and a cost-of-living adjustment, subject to
final terms and conditions acceptable to the Human Resources
Director and City Attorney.
8.A.2
Packet Pg. 21 Minutes Acceptance: Minutes of Sep 21, 2021 7:00 PM (Approval of Minutes)
Kent City Council City Council Regular Meeting
Minutes
September 21, 2021
Kent, Washington
Page 7 of 7
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Councilmember
SECONDER: Toni Troutner, Council President
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud
EXCUSED: Thomas
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
Meeting ended at 8:23 p.m.
Kimberley A. Komoto
City Clerk
8.A.2
Packet Pg. 22 Minutes Acceptance: Minutes of Sep 21, 2021 7:00 PM (Approval of Minutes)
Pending Approval
Kent City Council
City Council Special Meeting
Minutes
September 28, 2021
Date: September 28, 2021
Time: 4:01 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Dana Ralph Mayor Present
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Remote
Marli Larimer Councilmember Present
Les Thomas Councilmember Excused
Zandria Michaud Councilmember Present
3. OTHER BUSINESS
A. Mayor Ralph's 2022 Mid Biennium Budget Message
Mayor Ralph presented he mid-biennium budget message as follows:
I am pleased to present to the City Council the proposed 2022 mid-biennium
budget adjustment. The City Council adopted the original 2021-2022 biennial
budget in November 2020. That budget process represented continued
collaboration between community members, the City Council, and our City
Departments. I firmly believe a budget is a road map that reflects the values
of any organization. That is why I am grateful that we as City leaders we
were able to come together with shared values that centered around
benefiting our residents and those who call Kent home.
This proposed budget invests in Council priorities surrounding equity and
includes a temporary limited term Race and Equity Coordinator and a Police
Data Collection system including a Business Intelligence Coordinator. In
addition, there is an investment of ARPA funds in human services and in our
business community by providing small business loans to women and
minority owned businesses.
OPERATING BUDGET
The 2021-2022 biennial budget presented some significant challenges due to
the uncertainty related to the continued impacts of the COVID-19 crisis. As of
8.A.3
Packet Pg. 23 Minutes Acceptance: Minutes of Sep 28, 2021 4:00 PM (Approval of Minutes)
Kent City Council City Council Special Meeting
Minutes
September 28, 2021
Kent, Washington
Page 2 of 9
today, there are still many unknowns regarding the timing of when things will
be “getting back to normal”. To exasperate those challenges, the COVID-19
crisis came right on the heels of the City facing a fiscal cliff, that with your
help, we were able to manage the fiscal cliff in the 2019-2020 budget.
Although we were able to mitigate the impacts of the fiscal cliff, COVID-19
delayed our ability to address the ongoing structural imbalance that the City
faces each year as expenses increase annually by roughly 2.2% and City
revenues increase by roughly 1.1%. As you know, this imbalance isn’t
unique to the City of Kent and is something most local government
jurisdictions grapple with during their budget process.
The mid-biennium budget adjustment provides an opportunity to modify the
budget to account for unforeseen changes in fiscal events. It is not the time
to bring forth new initiatives. As a result, it is a status quo budget
adjustment which focuses on changes in revenue projections and
unforeseeable changes in expenditures which may have arisen since the
adoption of the original budget. A huge factor impacting the 2022 budget is
inflation. The Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W) for the Seattle-Tacoma-Bellevue area as of June 2021 is
6.3%. We haven’t seen numbers this high since 2008 when it was 6.2%. This
will have a significant impact on the expenditure side of the 2022 budget as
labor contracts are tied, at least in part, to CPI-W.
Prior to the June 2021 CPI-W being released, departments were told that it
would be appropriate to seek restoration of positions lost during the budget
reductions last spring. However, with CPI-W at 6.3%, that direction changed.
Departments were asked to limit their operating expenditure requests;
keeping the requests to only those items that were unforeseeable when the
original budget was passed. In addition, this budget process is unique as we
have included budgets related to additional capital and American Rescue Plan
Act (ARPA) funds available to the City in 2022. This mid-biennial budget
adjustment includes:
· Updating revenue forecasts,
· Some additional operating expenditures,
· Adding positions as temporary limited term to minimize the impact on future
budgets,
· Modifications to cost allocations,
· Investing in capital, and
· Planning the use of ARPA funding
·
Of the total $420 million budget, $128 million is allocated to the General
Fund. The General Fund will see a $17.7 million or 16% increase in
expenditures from the adopted budget. Much of the increase in expenditures
are offset by revenue adjustments leaving a gap of $1.7 million in which fund
balance will be utilized. Much of that gap is the result of utilizing fund balance
to fund one-time expenditures.
8.A.3
Packet Pg. 24 Minutes Acceptance: Minutes of Sep 28, 2021 4:00 PM (Approval of Minutes)
Kent City Council City Council Special Meeting
Minutes
September 28, 2021
Kent, Washington
Page 3 of 9
The majority of the added expenditures are related to:
· Creation of a Co-Responder Model funded by HB 1590 sales tax collections,
· Creation of a Data Collection System including a data collection position that
supports race and equity as it relates to the Police Department as well as
managing schedules in the Telestaff system,
· Unfreezing five Police Officer positions,
· Restoration of some positions eliminated during COVID-19 budget reductions
within the Permit Center, Street Fund, and the Senior Center,
· Use of fund balance to fund a Litter Strike Team,
· Additional funding for lifeguards,
· Changes already made to positions in 2021,
· Updates to cost allocation plans, and
· Increased contributions to insurance funds.
In the spring of 2020, some very difficult decisions were made for citywide
reductions as we anticipated significant losses in revenue due to the COVID-
19 crisis. We knew at the time some budget reductions were not sustainable
and, as such, we have reinstated some of the reductions into the City’s
budget with this amendment.
Police
During the 2021 legislative session, significant changes in policing were
made. Kent is ahead of the curve as we had already implemented some of
the new laws that were enacted. With the use of the House Bill 1590 sales
tax revenues, this budget adjustment includes a new co-responder model
that brings together mental health professionals with law enforcement
personnel. And, as we continue to be on the forefront of transparency and
accountability in law enforcement, the mid-biennium budget adjustment
contains funding for a data collection system including a data collection
position that supports race and equity as it relates to the Police Department
as well as managing schedules in the Telestaff system. The position will be
funded by the General Fund while ARPA funding will be used to establish a
platform for gathering the data. The adjustment includes unfreezing five
police officer positions that were frozen during budget reductions in spring of
2020. Those positions will be funded out of the Criminal Justice Fund. Finally,
$500,000 has been set aside to begin funding for the replacement of the
Police Department’s Record Management System, Tiburon.
Economic and Community Development
Restrictions that were put in place due to the pandemic required the Permit
Center to do some heavy lifting in order to transition to a paperless operation
although the necessary technology was not in place at the time. This
temporary solution has created additional work for staff and created serious
backlogs in the permitting system making it impossible to meet the
expectations of our customers. As AMANDA is being implemented, and as we
8.A.3
Packet Pg. 25 Minutes Acceptance: Minutes of Sep 28, 2021 4:00 PM (Approval of Minutes)
Kent City Council City Council Special Meeting
Minutes
September 28, 2021
Kent, Washington
Page 4 of 9
navigate stabilization of that technology, the 2022 mid-biennium budget
adjustment includes the restoration a TLT permit technician position, a
building inspector, and converts a vacant temporary Engineer 2 position to a
permanent Engineer 4 position.
Public Works
Public Works will create a Litter Strike Team made up of two TLT
Maintenance Workers and contracted services to provide litter clean up,
recycling and disposal services throughout the City over the next three years.
The Litter Strike Team will be funded by one-time contributions from the
General Fund of $1 million along with $250,000 from the Drainage Fund. In
addition, Public Works will restore an Engineer 3 position within the
Transportation division that was eliminated from the budget in 2020. This
position is responsible for managing the City’s Residential Calming Program.
The recently adopted Residential Traffic Calming program modified the
program to include consideration of livability in neighborhoods; therefore,
requiring significantly more analysis to complete each traffic study.
Parks, Recreation and Community Services
The need for Senior services is growing across our region. As we return to
full use of the Senior Center and related programming, seniors are eager to
return to programs they enjoyed prior to the COVID shutdown. This budget
will restore a Senior Center Coordinator as a TLT position that was eliminated
during the budget reductions last fall. The budget adjustment also provides
an additional $50,000 for the lifeguard program and $10,000 for striping and
signage at Lake Meridian to address traffic and parking issues during the
busy summer months.
Information Technology
In 2020, a portion of the Information Technology training budget had been
reduced by $33,680. This budget adjustment restores those training dollars.
It also provides a new position to provide deskside support to internal
customers while reducing the reliance on contractors to fill that role. This
position will be funded through a reduction in the contractor services budget.
In addition, the Information Technology’s budget will be increased to account
for rising software maintenance costs and continued need for support of our
financial system.
CAPITAL BUDGET
As we begin to discuss capital and ARPA funding, it will become clear that the
Facilities Team will have a large project list and a high demand to complete
these projects quickly, both now and in the upcoming years. In addition,
there is a backlog of work that is in queue to be completed. For this reason,
this budget adjustment includes a 3-year TLT Capital Projects Manager.
The mid-biennium budget adjustment includes opportunities to invest in
8.A.3
Packet Pg. 26 Minutes Acceptance: Minutes of Sep 28, 2021 4:00 PM (Approval of Minutes)
Kent City Council City Council Special Meeting
Minutes
September 28, 2021
Kent, Washington
Page 5 of 9
capital that were not present when the original budget was developed.
Streamlined sales tax mitigation had been eliminated from the State’s budget
effective July 1, 2020; therefore, not included in the City’s 2021-2022
biennial budget. However, during the 2021 legislative session, the SST
mitigation was restored. The City received $3.6 million on June 30, 2021 for
the period of July 1, 2020 through June 30, 2021.
Beginning in September 2021, the City will receive quarterly installments of
the SST mitigation with first installment of just over $900,000. With the
restoration of SST mitigation along with realized increases in Real Estate
Excise Tax (REET) revenues, this mid-biennium budget adjustment includes
nearly $5 million in additional funding of capital requests.
In addition to setting aside funds for a couple of large known future projects
(Tiburon and the financial system replacement, $500,000 each), the capital
budget increase is comprised, in part, of:
· Kent Commons Renovations. In previous budgets, we set aside $1.5
million for renovations at Kent Commons. This budget will provide an
additional $715,000 for HVAC upgrades and to replace the curtain divider
wall in the gym. The new HVAC scope includes a new chiller, boiler, and
replacement of the four racquetball court units. The curtain wall separates
the gym into two rooms used for rentals and to split recreation activities.
Both items are critical to the operations of the Commons and add long-term
value.
· City Hall Improvements. City Hall is an aging building that has required
and will continue to require more frequent maintenance should updates not
be made to the facility. City Hall is the face of the City and where Council
and other important meetings are held. By modernizing the lobby and
entrances we’re enhancing the overall perceptions and identity of the City.
The doors and awnings are consistent problems and have significant visible
rot. The doors have been a consistent security concern and in frequent need
of repair. The lobby will be given a minor update, and signage in common
areas will be updated to address aging, obsolete and inconsistent signage.
· Software Stabilization. For the past year, the City has been working
diligently to implement new technology to support various departments.
Many of those systems have already rolled out while others are nearing their
‘go-live’ date. Once launched, these systems require additional time for
stabilization allowing for continued data conversion, maintenance, and
implementation of enhancements. This adjustment includes a budget for
Workday enhancements, and Telestaff, Laserfiche, and Amanda stabilization
projects.
AMERICAN RESCUE PLAN ACT (ARPA) BUDGET
The City was awarded nearly $28.2 million in American Rescue Plan Act
(ARPA) grant funding. In June 2021, the City received its first distribution of
8.A.3
Packet Pg. 27 Minutes Acceptance: Minutes of Sep 28, 2021 4:00 PM (Approval of Minutes)
Kent City Council City Council Special Meeting
Minutes
September 28, 2021
Kent, Washington
Page 6 of 9
nearly $14.1 million with the next distribution of the same amount slated to
be received a year later. The mid-biennium budget adjustment includes
proposals for the use of some of those ARPA funds in accordance with the
framework established and approved by City Council. That framework is
outlined as follows: Human Services and Equity Programs ($4.5 million),
Economic Development Programs ($9 million), Infrastructure ($4.5 million),
and Revenue Losses ($10 million). Recognizing that over the life of the grant,
the needs of the community may change; therefore, the full amount of the
grant has not been budgeted and we will return to you when appropriate to
bring additional proposals forward.
Managing such a large grant will require additional support within the Finance
Department. The 2022 budget includes a 5-year TLT Grant Analyst position.
This position will come before the City Council in 2021 for authorization to
create this position so recruitment can begin this fall. In addition to the Grant
Analyst position, the proposed budget includes the following ARPA funded
requests:
Human Services and Equity Programs ($4.5 million)
Of the $4.5 million in ARPA funding allotted for Human Services and Equity
Programs, approximately $3.7 million is included in the 2022 mid-biennium
budget adjustment. The remaining balance will be earmarked for Human
Services and Equity Programs and allocated as we are able to assess the
ever-changing needs within our community. What may be a need today may
be different in the coming months or year. In addition to supporting the one-
time costs associated with the establishment of a policing data collection
system mentioned earlier, the proposed budget includes:
· Building Resiliency Fund. This resiliency fund will provide Human Services
with $1.75 million to address the emergent needs in our community and
enhance Human Services’ safety net. Specific investments will be a
collaborative process among the Mayor’s Office, City Council and Human
Services.
· Race and Equity Coordinator (3-Year TLT). The position will help with
the implementation of the City’s Race and Equity Strategic Plan including the
plan goals and action items. In addition, this position will assist with
important equity related projects as well as coordinate the Equity and
Inclusion Speaker Series.
· Equity and Inclusion Speaker Series. The speaker series will feature
distinguished leaders who will contribute expert knowledge and diverse
perspectives to our collective discussion around concepts like race, equity,
diversity, and inclusion. All interactive presentations and workshops will be
free to the public. $50,000 per year will be allocated over three years for a
total of $150,000.
· Translation of City Documents. $150,000 will be allocated to begin the
process of translating important documents into the top five languages
spoken by the residents of Kent.
8.A.3
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Kent City Council City Council Special Meeting
Minutes
September 28, 2021
Kent, Washington
Page 7 of 9
· Community Navigator. These funds would help implement expansion of a
technical assistance network comprised of culturally competent business
navigators and translator services that are currently located in South King
County.
· Human Services Planner (5-Year TLT). The primary responsibility of this
position will be to oversee and monitor the Building Resiliency Fund and
provide assistance for other human services related ARPA projects. Without
the additional assistance, the program’s success will not be possible.
Economic Development Programs ($9.0 million)
Currently, Economic and Community Development is researching the
feasibility programs to help businesses as early as this year. Therefore, $2.75
million has been earmarked for such an opportunity. It is anticipated a
request will be brought before City Council later this year to provide
increased capital for Kent-based businesses and non-profits through a
contribution to the National Development Council managed “FlexFund”. This
is a consortium of five community development financial institutions that
predominately lend to BIPOC and women owned businesses at low interest
rates. In addition to this program, included in the 2022 budget adjustment
to support Economic Development Programs:
· Business Technical Assistance. Funding would help implement expansion
of technical assistance for microenterprises by contracting with a permit
navigator. The permit navigator would help small businesses research site
suitability from a code and cost perspective and/or design optimal use of
space, and support the business owner managing construction projects,
architects, general contractors, and tenant improvement build outs.
· Support Child Care Expansion. Working with Child Care Resources, adapt
a successful Pierce County program for south King County communities.
Offer mini grants to offset the very high upfront cost barriers to creating new
daycares. Grants would offset upfront costs related to rent, maintenance,
remodeling (soft design work, not capital), and staff wages.
· Support Minority and Women Owned Business Accelerator Network
(aka Regional BIPOC Accelerator Network). The Seattle Chamber is co-
planning with the City of Kent a network of coordination between business
accelerators to expand services for growing BIPOC owned businesses.
· Project Feast. Project Feast, operators of teaching kitchen and restaurant
Café Ubuntu, have been ineligible for nearly every previous round of federal
pandemic assistance. However, the number of refugees whom they serve in
our community is anticipated to grow in the next two years. King County is
leading a collaboration including this City and others, plus major non-profits
in the food innovation and food training sectors, to develop a new and larger
training facility and sales venue.
· STEM Education, Youth Employment Readiness, and Pre-
Apprenticeship Partnerships. With a dedicated budget for contracting with
local partners, City staff in Human Services and Economic Development can
co-design a targeted program to align program partners and more holistically
8.A.3
Packet Pg. 29 Minutes Acceptance: Minutes of Sep 28, 2021 4:00 PM (Approval of Minutes)
Kent City Council City Council Special Meeting
Minutes
September 28, 2021
Kent, Washington
Page 8 of 9
address long-observed barriers to participation and awareness.
· Washington Space Consortium. A collaboration between the Washington
Space Consortium, Green River College, and Kent schoolteachers by
sponsoring 10-week training modules in rocketry and small cube satellite
production of UW Aeronautics and Astronautics.
· Meet Me on Meeker. A contribution of $500,000 to be set aside for grant
matching to remain competitive for when seeking grants for this project.
This would be for construction at the intersection at 64th and for the design
segments further east.
· Willis Street/Naden Avenue Intersection Improvements. This will add
a north leg to the intersection, providing right in/right out access to the north
bound left turn lanes at 74th Avenue South. This work is part of the Willis
Street Gateway Improvements and includes a new signal and ancillary
improvements required to secure WSDOT approval.
Infrastructure ($4.5 million)
In the fall of 2021, the City will bring forth a proposal to allocate $75,000 for
teleconferencing room hardware. This project will create a more seamless
and efficient use of the conference rooms for meetings allowing for a hybrid
of attendees, both in-person and virtual. Within the 2022 mid-biennium
budget approximately $4.7 million for infrastructure funded through ARPA
has been included and are outlined below:
· Panther Lake Community Park. This project will develop a new community
park in the Panther Lake neighborhood, which is traditionally an underserved
area of the City and is identified as being park deficient. This project would
represent the first phase of improvements which may include: playground,
restrooms, parking and stormwater, loop and nature trails, open play lawn,
shelter, and connection to Soos Creek Trail.
· Military/Veterans Drive Placemaking and Maintenance. This funding
would be used to leverage grant investment in the I-5/SR 509 gateway to
create a welcoming Veterans Drive between Military Road and the Green
River that will resonate with pride in our City and local veterans and military
service members.
· Council Office Move and Technology Upgrade. This project will move
broadcast equipment to the first floor and upgrade outdated equipment to
provide a better viewing experience and transparency for the public. In
addition, it will move the Council office and provide a publicly accessible first
floor conference room.
· Centennial Center - Customer Service Counter Improvements. This
project is a joint venture between Economic and Community Development,
Finance and Facilities. A new customer service desk and remodeling the
Permit Center in the Centennial Center will provide a new customer
experience in the lobby of the building while updating safety features for
employees and utilizing valuable square footage inside each office space to
meet the needs for meeting spaces and a growing workforce. It will address
safety concerns that currently exist at the Customer Service counter and
COVID has completely changed the operating model of the permit center
8.A.3
Packet Pg. 30 Minutes Acceptance: Minutes of Sep 28, 2021 4:00 PM (Approval of Minutes)
Kent City Council City Council Special Meeting
Minutes
September 28, 2021
Kent, Washington
Page 9 of 9
rendering the current design obsolete.
· Printshop Successors Project. This project will replace and upgrade the
printshop’s print production equipment. With these upgrades, the printshop
will be able to increase production speed and reduce turnaround times while
streamlining production workflows by utilizing current digital system
automation. It will allow the printshop to effectively elevate and enhance the
City’s overall communication and outreach efforts.
· Security Engineer (3-Year TLT) and Related Security Stabilization
Expenses (Cybersecurity Infrastructure). Over the last nine months, the
City has been building Security Operations Center (SOC) Policies, procedures,
standards, and guidelines. In an effort to continue to develop and mature the
SOCs, additional staff support is necessary.
Revenue Losses ($10 million)
Of the $10 million allocated for revenue losses, the 2022 proposed budget
includes $2.25 million for Fleet vehicle replacements. It also earmarks
$150,000 to address the revenue shortfall in the City’s lodging tax that
occurred throughout the pandemic. We continue to assess the citywide needs
and will bring forth to City Council a proposal to utilize those funds.
CONCLUSION
We faced a number of challenges while putting this budget adjustment
together. Although this is a mid-biennium budget adjustment, we continued
to be mindful of the things ahead, particularly its impacts on the 2023-2024
biennial budget process. We know we have work to do with the upcoming
biennial budget as we continue to navigate the structural imbalance, inflation
and labor costs. This adjustment is a reflection of balancing departments
service delivery needs while thinking of the impacts to future budgets. The
utilization temporary limited term positions will provide us with the flexibility
needed for the future.
Tonight, I respectfully transmit this mid-biennium budget adjustment to the
City Council for consideration. This document is a representation of the
collaborative efforts of City leadership, City Council, City staff and the Kent
community. Thank you. I would like to extend my gratitude to City leadership
and the Finance Department for their hard work through this process.
4. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 4:33 p.m.
Kimberley A. Komoto
City Clerk
8.A.3
Packet Pg. 31 Minutes Acceptance: Minutes of Sep 28, 2021 4:00 PM (Approval of Minutes)
Pending Approval
City Council Workshop
Workshop Special Meeting
Minutes
September 28, 2021
Date: September 28, 2021
Time: 4:38 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Troutner called the meeting to order.
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Remote
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Excused
Dana Ralph Mayor Present
II. PRESENTATIONS
1 2022 Mid-Biennium Budget
Adjustments
Paula Painter 90 MIN.
Finance Director Paula Painter walked the Council through the Mayor’s
Proposed 2022 Mid-Biennium Adjustments.
Painter provided details on the City-wide Budget Adjustments for all funds
that total $71.81 million.
Proposed city-wide revenues (taxes, licenses and permits,
intergovernmental, charges for services, fines and forfeitures, miscellaneous
and transfers in) and expenditures by department were reviewed.
Painter advised baseline adjustments to revenues include:
· Increase of sales tax revenue to bring in line with current trends
· Increase in garbage tax to bring in line with current trends and adjust
allocation
· Decrease in interest income to reflect reduction to interest rates
Adjustments to expenses include:
· Increase to wages due to changes in bargaining agreements and increased
COLAs
· Decrease to benefits due to reduced employer paid DRS rates plus increases
for wage increases
8.A.4
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City Council Workshop Workshop Special
Meeting
Minutes
September 28, 2021
Kent, Washington
Page 2 of 4
· Remove medical rate increase that were included in 2022 adopted budget
· Utility clearing fund
· Public Works Engineering Allocation
· Property Insurance allocation increase for premiums
· Liability Insurance allocation increase to implement 10% rate increase and
redistribute rates per actuary study.
Reviewed previously approved adjustments for cable utility tax and
affordable housing sales tax, housing sales tax and a new street utility
clearing account.
Operating additions for Police:
· Co-responder model
· Unfreeze 5 officer positions
· Business systems analyst
Operating additions for Economic and Community Development to:
· Restore permit tech TLT position
· Restore building inspector position
· Convert Eng. 2 TLT to Permanent Eng. 4
· Comprehensive & sub-area plan updates
Public works for:
· Litter strike team
· Convert TLT to permanent Eng. 3
Parks for:
· Senior Center Coordinator TLT - Parascondola advised this position will work
on programming.
· Lifeguard Program - Parks Director Julie Parascondola provided information
on the current work being done with the program. Council expressed their
interest in fully-funding the program.
· Lake Meridian Parking Lot - signs & striping
· Capital Project Manager TLT
Information Technology for:
· Restore training budget
· Deskside Support
· Software Maintenance
· JDE Contractor
Human Resources for:
· Temporary Staffing
Painter reviewed the Capital requests from the Capital Resources Fund
8.A.4
Packet Pg. 33 Minutes Acceptance: Minutes of Sep 28, 2021 4:30 PM (Approval of Minutes)
City Council Workshop Workshop Special
Meeting
Minutes
September 28, 2021
Kent, Washington
Page 3 of 4
totaling $4,744,200 in addition to other fund additions of $805,450 for the
accesso ShoWare Capital Plan and a law office remodel being paid from the
Criminal Justice Fund.
ARPA requests - Human Services & Equity Programs:
· Building resiliency fund - Parks - Derek Matheson provided information on
this fund.
· Race & Equity coordinator (3 year TLT) - Administration
· Equity and Inclusion Speaker Series - Administration
· Translation of City documents - Administration
· Community Navigator - Administration
· Human Services Planner (5-year TLT) - Parks
· Data Collection Set up - Police
ARPA Additions - Economic Development:
· Flex fund
· Business Technical Assistance
· Support Child Care Expansion - to help childcare providers build their
business
· Support Business Accelerator Network
· Project Feast
· STEM Education Partnerships
· Washington Space Consortium - Bill Ellis provided information on this project.
· Meet Me on Meeker
· Willis Street/Naden Avenue Intersection Improvements
ARPA Additions - Infrastructure:
· Panther Lake Community Park
· Military/Veterans Drive Placemaking
· Council Office Move and Technology Upgrades
· Customer Service Counter Improvements
· Printshop Successor Project
· Security Engineer (3-year TLT)
· GIS Analyst (3-year TLT)
· Teleconferencing Room Hardware (2021)
ARPA Additions - Revenue Loss:
· Fleet vehicle replacements - Council and staff discussed the potential to
move to electric and hybrid vehicles.
· Lodging tax revenue reimbursement - this is a placeholder
Painter reviewed the timeline:
· October 5th - workshop, council meeting and public hearing
· October 19th - workshop, council meeting and public hearing
· November 2nd - Operations and Public Safety
8.A.4
Packet Pg. 34 Minutes Acceptance: Minutes of Sep 28, 2021 4:30 PM (Approval of Minutes)
City Council Workshop Workshop Special
Meeting
Minutes
September 28, 2021
Kent, Washington
Page 4 of 4
· November 16th Council meeting for adoption of the 2022 property tax levy
and 2022 mid-biennium budget adjustment, along with the amendment to
the comp plan for the 2022-2027 Capital Improvement Plan.
Matheson pointed to the pages that might help the Council review the budget
document:
28-31 - Summary of changes
34-37 - Other fund changes
53-59 - ARPA investments
96-98 - Capital investments
Matheson suggested the Council send questions to Painter so that the council
and staff can work through during the upcoming workshops.
Meeting ended at 5:48 p.m.
Kimberley A. Komoto
City Clerk
8.A.4
Packet Pg. 35 Minutes Acceptance: Minutes of Sep 28, 2021 4:30 PM (Approval of Minutes)
DATE: October 5, 2021
TO: Kent City Council
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills received through
9/15/21 and paid on 9/15/21 and authorize the checks issued for payroll
9/1/21-9/15/21 and paid on 9/20/21, all audited by the Operations and
Public Safety Committee on 9/21/21.
SUMMARY:
Approval of payment of the bills received through-----09/15/21
and paid 09/15/21
Approval of checks issued for Vouchers:
Date Amount
09/15/21 Wire Transfers 88896 8913 $2,138,129.54
09/15/21 Regular Checks 755562 755797 $2,559,089.16
09/15/21 Payment Plus 103528 103559 $207,874.00
Void Checks $0.00
09/15/21 Use Tax Payable $2,172.74
$4,907,265.44
Approval of checks issued for Payroll:9/1/21-9/15/21
and paid 9/20/2021
Date Amount
9/20/2021 Checks $1,872,441.02
Voids and Reissues
9/20/2021 Advices FR&P 463225 463233 $7,074.04
Total Payroll $1,879,515.06
Document Numbers
Document Numbers
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
09/21/21 Operations and Public Safety Committee MOTION
PASSES
8.B
Packet Pg. 36
RESULT: MOTION PASSES [5 TO 0] Next: 10/5/2021
7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Troutner, Boyce, Fincher, Larimer, Michaud
EXCUSED: Les Thomas
AWAY: Satwinder Kaur
8.B
Packet Pg. 37
DATE: October 5, 2021
TO: Kent City Council
SUBJECT: Accept the 2021 Crack Sealing Project as Complete -
Authorize
MOTION: I move to authorize the Mayor to accept the 2021 Crack Sealing
Project as complete and release retainage to Huizenga Enterprises, LLC
upon receipt of standard releases from the State and the release of any
liens.
SUMMARY: This project included sealing cracks in the pavement on various streets
throughout the City. Crack sealing is effective at reducing water infiltration, which
slows pavement deterioration.
The final contract total paid was $133,117.56 which is $14,082.44 under the
original contract amount of $147,200.
BUDGET IMPACT: The project was paid for using budgeted B&O and Solid Waste
Utility tax funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
8.C
Packet Pg. 38
DATE: October 5, 2021
TO: Kent City Council
SUBJECT: Media Forensic Software Contract - Authorize
MOTION: I move to authorize the Mayor to sign a contract with Gladiator
Forensics, LLC to purchase software, equipment, licenses, and
maintenance fees for a total cost of $139,298.52 for an initial five-year
term, with options to extend the contract annually thereafter up to a
maximum contract term of ten years, subject to final terms and conditions
acceptable to the Police Chief and City Attorney.
SUMMARY: Gladiator Forensics, LLC offers a “One System Solution for Wireless
Network Forensics” that will enable the Kent Police Department to collect and/or
comprehensively analyze wireless data in direct support of criminal investigations
and missing persons cases. The software will enhance investigative efficiency and
management of investigative resources. Wireless data collected and/or analyzed is
obtained pursuant to a search warrant, court order, and/or under the exigency
exception to the warrant requirement.
The Kent Police Department worked with the Law Department to negotiate the
attached contract with Gladiator Forensics, LLC. The contract provides for an initial
five-year term, but it also grants the City the ability to extend the contract annually
thereafter up to a maximum contract term of ten years. Pricing under the contract
is locked in for the first five years. After the initial five-year term, the parties
negotiated a maximum cap on annual price increases-no more than 2% annually
over the amount charged for the prior year’s fees.
BUDGET IMPACT: Contract costs will be paid from the Department’s seized funds
account.
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.
8.D
Packet Pg. 39
ATTACHMENTS:
1. Gladiator Agreement (PDF)
09/21/21 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [5 TO 0] Next: 10/5/2021
7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Troutner, Boyce, Fincher, Larimer, Michaud
EXCUSED: Les Thomas
AWAY: Satwinder Kaur
8.D
Packet Pg. 40
TltE tuE)<T GiENEFATI.OIU ll\l I,vIBELESSi FOREI\llEilCS
3/2s1202L
Reference: Sole Source Letter
To Whom lt May Concern
This letter is to confirm that Gladiator Forensics' GAR/ESPA integrated technology is a sole
source product, manufactured, sold and distributed exclusively by Gladiator Forensics, LLC. This
product must be purchased directly from Gladiator Forensics, LLC by federal, state and local law
enforcement agencies.
Outside of Gladiator Forensics there are no agents or dealers authorized to represent this
product. There is no other like item(s) or product(s) available for purchase that would serve the
same purpose or function for the following reasons listed below'
1. The industry's only Crime lnvestigation Platform with an integrated cellular-network
survey gear to accurately place suspects at a crime scene, refute false alibis, hunt and
search for missing evidence or bodies, and dramatically reduce latency to respond to
threats.
2. The solutions utilize a patented non-intrusive cellular system engineering method, to
digitize the telecom cellular network footprint integrated with intelligent link analytics from
court ordered call records and lntercept data, to achieve its objectives. Patent # (US
8,892,L20 B2l
lf you desire additional information, don't hesitate to contact us at (321).368.1341at anytime
or visit our website at Gladiator-Forensics.com Thank you for your interest in our products.
Sincerely,
Kam
Chief Executive Officer
Gladiator Forensics, LLC
8.D.a
Packet Pg. 41 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
KENT
WasHrN6toN
HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT
This Hardware Purchase, Software License, and Maintenance Agreement (Agreement) is between the
CITY OF KENT (City), a Washington Municipal Corporation located at 220 Fourth Avenue South,
Kent, WA 98032 and GLADIATOR FORENSICS, LLC (Vendor), organized under the laws of the
State of Florida with its principal place of business at 100 Rialto Place Suite 605 Melbourne, FL 329OI,
effective on the last date signed below. This Agreement is to obtain access to the following software
provided by Vendor: (i) Enterprise Sensor Processing and Analytics (ESPA), (ii) Smart Track, and (iii)
bentinel, all through software licenses and access provided by Vendor remotely utilizing hardware
purchased by the City through Vendor, all of which will continue to be supported and maintained by
Vendor under the terms of this Agreement.
1. Description of Work. Vendor shall provide the City with the hardware, software licenses,
and maintenance services identified within Quote #KPD-2O201210-5yr, dated June 4, 202L, copies
of which are attached and incorporated as Exhibit A, Once this Agreement is signed, the Vendor
will order the hardware identified in Exhibit A for delivery to the City, following any particular
delivery instructions provided by the City. Upon the hardware's receipt, the City will cause the
hardware to be installed in a secure location utilizing a dedicated internet connection. Once the
hardware is installed and online, Vendor will remotely access the hardware to install and configure
the purchased software. Vendor will additionally schedule and provide training to those
representatives identified by the City'
Z. Risk of Loss. The risk of loss of the hardware identified in Exhibit A shall pass to the City
upon the completion of both (a) delivery of that hardware to: (i) the City's designated location; or
(ii) another location owned or controlled by the City and specified by the City for such delivery;
and (b) the signature of the person authorized to receive the delivery.
3. Change Orders. No changes or revisions to the hardware, software/ or maintenance
services provided for in Exhibit A, and no additional payment therefore, will be made except
pursuant to the terms of this Agreement. The City may request additional hardware, software, or
maintenance services pursuant to this Agreement by submitting a change order for Vendor's
acceptance, Each change order will consist of a brief outline of the new hardware, software, or
maintenance services, the agreed upon cost(s) therefore, and other specifics unique to the request'
Upon acceptance of the change order by Vendor and the mutual written agreement of the parties
with respect to proceeding with the requested change order, such change order shall form an
addendum to this Agreement and shall be subject to its terms and conditions'
4. City Property. Unless otherwise specified, title to any hardware provided under this
Agreement shall pass to the City upon its acceptance. Vendor shall at all times protect the City's
property and data from injury or loss arising in connection with this Agreement'
S. Grant of License to Access and Use Software. For the term of this Agreement including
any renewal or extension, Vendor hereby grants to City, including to all its Authorized Users, a
non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide license to access
and use Vendor's ESPA, Smart Track, and Sentinel programs (the "software") for the City's non-
commercial government operations as further described in the attached and incorporated Exhibit
A. City shall refrain from taking any steps such as reverse assembly or reverse compilation, to
derive a source code equivalent to the software as further described in Section 10'3'
HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT
Page 1
8.D.a
Packet Pg. 42 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
3. Term. The initial term of this Agreement shall be five (5) years ending on June 30, 2026
(Initial Term) with the option for the City to renew annually thereafter for an additional 5 years (each,
a Rene*al ierm) for a maximum contract term through June 30, 2031, This Agreement shall
automatically renew unless City gives written notice of cancellation at least 30 days prior to the
expiration of the Initial Term or any renewal term.
Any reference in this Agreement to "days" shall mean "calendar days" unless a different
meaning is expressly stated.
4. Subscription Fees/Taxes.
4.L Fees for Goods and Services. In consideration of the Vendor providing the City
with the hardware, software licenses, and maintenance services as provided for in this Agreement,
the City agrees to pay the Vendor the amounts provided for in Exhibit A' Upon signing of this
Agreement, Vendor will order the hardware identified in Exhibit A for delivery to the City' Once that
hirdware ships, Vendor will invoice the City for that hardware, payment of which will be due within
30 days of the City's receipt and acceptance of both the ordered hardware and an accurate invoice
from Vendor, whichever event occurs later. Subscription fees shall be invoiced annually, at least 60
days prior to the commencement of a new subscription term, payment of which will be due within
3O'days of the City's receipt of an invoice for the same, Subscription fees shall remain locked at the
prices provided for in Exhibit A for the Initial Term of this Agreement. For each annual Renewal Term,
Vendoi's subscription fees shall increase by no more than 2olo over the subscription fee charged for
the prior year's subscriPtion.
4.2 Undisputed Fees. Undisputed invoices shall be due and payable within 30 days of
invoice receipt. City shall notify Vendor in writing of any disputed amount within 15 business days of
receipt of the applicable invoice. Portions of invoices that are subject to a good faith billing dispute
shall not be considered delinquent for purposes of this Agreement. Disputed billings are subject to
Section 17.2, DisPute Resolution'
4.3. Taxes. All contract amounts shall be inclusive of sales or other applicable taxes, and
invoices shall include all tax obligations stated separately from the contract amounts. City shall pay
all applicable sales, use, value added or similar taxes to Vendor and Vendor shall remit all such taxes,
if imposed by local and/or state authorities on all software, and other taxable goods and services
procured by the City under this Agreement'
4.4 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.
5. System Availability and Support Services. The City's license to access and use the
software will be avaitable to the City throughout the term of this Agreement, along with maintenance
and support services as described in the attached and incorporated Exhibit B.
6. Representation and Warranties.
6.1 Mutual Representations and Warranties. Each Party represents and warrants to the other
party that (a) such Party has the required power and authority to enter into this Agreement and to
perform its obligations hereunder, and shall have obtained and continue to maintain all licenses,
permits, and certifications required for such Party in connection with the performance of this
Ag.""ment; (b) the execution of this Agreement and performance of its obligations hereunder do not
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and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a
legal, valid, and binding obligation when signed by both Parties,
6.2 Vendor Warranties and Representations. Vendor represents and warrants as follows:
a, It will faithfully and satisfactorily perform in accordance with the provisions of
this Agreement, In addition, all services or other work performed by Vendor will be performed in a
profeslional and workmanlike manner, consistent with applicable industry standards, and the
corresponding specifications set forth in the applicable statement of work and service level
commitments.
b, For all deliverables, including but not limited to, hardware, software, and third-
party products provided by Vendor, Vendor shall be the primary point of contact and shall be
responsible for coordinating the delivery of all products to the City and taking commercially
reasonable action to cause the products to conform to and be delivered as provided by this
Agreement. Without limiting the foregoing, if any of Vendor's subcontractors shall fail to deliver the
pioducts as required, Vendor shall take commercially reasonable action as the City may request to
enforce the terms of any subcontract agreement between Vendor and its subcontractor'
c. All hardware and software, in whole and in part, shall operate: in accordance
with applicable specifications and the requirements of this Agreement; in accordance with the
description of the functions and capabilities as described in Vendor's documentation, provided that
the hardware and software are properly used in accordance with Vendor's instructions; and shall
operate and be maintained error free, or if errors occur, Vendor will timely correct, update, or modify
the software to correct those errors; throughout the term of this Agreement, including any renewal
or extension thereof.
d. The deliverables provided under this Agreement are subject to all warranty
provisions established under the Uniform Commercial Code, Title 624, Revised Code of Washington.
e. It will promptly correct all defects in workmanship and materials: (1) when
the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of
notification from the City of the existence or discovery of the defect' The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect,
unless this Agreement provides otherwise. 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.
f. Vendor is the owner of the software licensed hereunder, or otherwise has the
right to grant to the City, the licensed rights to access the software through this Agreement without
violating any rights of any third-party worldwide. Vendor is not aware of any claim, investigation,
litigation, action, suit or administrative or judicial proceeding pending or threatened based on claims
thal Vendor's software infringes or misappropriates any patents, copyrights, trade secrets or other
intellectual property rights of any third-party; and Vendor's software does not knowingly infringe
upon or misappropriate any patents, copyrights, trade secrets or any other intellectual property
rights of any third-PartY.
g, In performing the maintenance services under the Agreement, Vendor shall
substantially and materially comply with the descriptions and representations as to those services,
including performance capabilities, accuracy, completeness, characteristics, Statement of Work,
configurations, standards, function, and requirements, Additionally, vendor will :
i Promptly and diligently perform and reperform services which are not in
compliance with documentation/specifications, representations, and
warranties at no additional cost to the City;
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ll Maintain the hardware and software in accordance with the
specifications and terms of this Agreement and meet all availability and
system performance service levels as specified in this Agreement. In the
event the services require failover activities, then Vendor shall be
responsible for continuance of the services and the City shall not be
subject to additional costs unless otherwise specified in this Agreement.
Promptly coordinate with the City all tasks related to correcting
problems and deficiencies connected with the hardware and software.
Not disable any City software, including Vendor's software, without
notice to and agreement by the City.
IV
v Refund to the City fees previously paid for any unused term and for the
time for which a deficiency existed that the Vendor was unable to
remedy, if the City elects to terminate this Agreement due to that
deficiency.
h. Vendor's performance under this Agreement will comply with all applicable
federal, state, and local laws, regulations, codes, and ordinances to which it is subject. Vendor will,
throughout the term of this Agreement, including any renewal or extension thereof, comply with
changls to and new applicable federal, state, and local laws, regulations, codes, and ordinances to
whicli it is subject, Vendor will comply with all applicable local, state, and federal licensing,
accreditation, and registration requirements and standards necessary in the performance of this
Agreement.
7. Vendor Maintenance Services.
7.t During the term of this Agreement, Vendor will provide maintenance support and
warranty services as provided for in Exhibit A, which include updates, upgrades, modifications,
customized interfaces and enhancements to the software, and any subsequent versions thereof.
Subject to the terms and conditions of this Agreement, Vendor shall provide software support via
tele-phone, web, remote access and electronic mail, and site visits, when necessary' To enable Vendor
to provide effective support, the City will establish remote access procedures. The maintenance
services provided by Vendor shall include the following:
a. provide users with verbal or electronic telephone responses to specific,
discrete and descriptive inquiries on the use and operation of the hardware and software provided
through this Agreement. Service shall be provided by telephone contact with Vendor's offices during
the hours provided for in Exhibit B.
b. If errors of functional operation are identified by the City and determined by
the Vendor to exist in the software, corrections will be made and corrected versions of the software
will be provided to the City through media acceptable to the City (web, remote access/ email, or on
cD).
c. If the City loses or destroys all copies of the supplied software being
maintained under this Agreement, Vendor will provide replacements for that software, at Vendor's
cost. such replacements will not include replacement of city data.
d. If, after concerted attempts to resolve a problem by remote access, the
parties are not able to do so, Vendor will provide onsite support services.
e. After updates, upgrades, modifications, customized interfaces or
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enhancements are made to the software, Vendor will make them available to the City, at no
additional charge, within 30 days of their release to other licensees of the software, on media
acceptable to the City (web, remote access, email, or on CD) so that the maintained software is
current with the latest version being sold while maintaining for the City the same level of
functionality that it had with respect to the software immediately prior to the installation of such
upgrade, update, modification, customized interface or enhancement. All costs pertaining to the
creltion and installation of such upgrades, updates, modifications, customized interfaces and
enhancements shall be borne by the Vendor. If Vendor has any third-party product(s) embedded
in its own product or system, and such third-party product has been upgraded or a new release has
been issued, vendor certifies that its own product or system will be upgraded, within 18 months,
to integrate with the upgrade or issuance of the new release of the third-party product'
f . As needed to resolve problems or upon request from the City, Vendor will be
provided remote access to the hardware and software, The preferred method for Vendor access to
bity systems is through a VPN (virtual private network) or any other designated connection. To
enjbte Vendor to provide effective support, the City will establish a dedicated 24 hour per day, 7
days per week, unassisted remote access to allow Vendor to access the software effectively. Vendor
must'agree to abide by the conditions set forth in any City network usage policy and apply due
diligence in maintaining security on Vendor'own network,
g. Vendor will comply with the service level and response procedures provided
for in Exhibit B for responding to incident reports and targets for correcting software errors or
otherwise responding to issues concerning the software. The escalation procedure will apply if
Vendor does not meet the response time periods, as set out in Exhibit B.
B. Intellectual Property Ownership. Vendor (and its Licensors, where applicable) shall own
all right, tifle and interest, including all related intellectual property rights, in and to the software'
fhis -Agieement, does not convey to City any rights of ownership in or to the Vendor's software or
the intellectual property rights owned by Vendor and its Licensors, where applicable'
9. Non-Disclosure of Confidential Information. The Parties' obligations regarding non-
disclosure of Confidential Information is contained in the attached and incorporated Exhibit C. All
Confidential Information is and shall remain the property of its owner to the extent consistent with
applicable law. The disclosure of Confidential Information to the other party does not grant to it any
express or implied right to or under any patents, copyrights, trademarks, or trade secret information
except as otherwise provided herein.
1O. City Obligations.
10.1 Hardware and Software Obligations, Except for the hardware and software identified
in Exhibit A, the provision and maintenance of which is part of Vendor's required performance under
166-49reement, the City shall be responsible for obtaining and maintaining all other computer
hardwire, software, and communications equipment needed to access and utilize the software.
IO.2 Anti-Virus Obliqations. The City will use commercially reasonable efforts to safeguard
against computer infection, viruses, worms, Trojan horses, and other code that manifest
contaminating or destructive properties (collectively "Viruses") that may reasonably affect the
performance of Vendor's software,
10.3 Restricted Uses. The City will not:
a. knowingly upload or distribute any files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation of the software,
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b, modify, disassemble, decompile or reverse engineer the software or pre-release
hardware devices or software disclosed,
c copy, reproduce, resell or commercially exploit the software,
d. reverse engineer, decompile or disassemble any software code and/or pre-
release hardware devices disclosed.
11. IndemnificationObligations.
11.1 City Indemnification Obligations. Subject to Section 11.3 below, City shall defend,
indemnify, and hold Vendor and its parent organizations, subsidiaries, Affiliates, officers, directors
and empioyees harmless from and against any and all claims, costs, damages, losses, liabilities and
expenses (including reasonable attorneys'fees and costs) arising out of or in connection with: (i) a
third-party claim alleging that the use of City Data infringes the rights of, or has caused harm to, a
third-party; (ii) a third-party claim alleging a breach of any of City's representations and warranties;
or (iii) a third-party claim alleging City's use of Confidential Information or intellectual property rights
of Vendor or its Licensors is in violation of this Agreement; (iv) third-party claim of injury or death
to person or damage to property arising from City's negligence'
IL.z. Vendor Indemnification Obligations. Subject to Section 11.3 below, Vendor shall
defend, indemnify, and hold City and its elected officials, officers, employees, agents and attorneys
harmless from and against any and all claims, costs, damages, losses, liabilities and expenses
(including reasonable attorneys'fees and costs) arising out of or in connection with: (i) a third-party
itaim atteging that the hardware or software provided, maintained, and supported by Vendor infringes
or misapprop-riates the rights of, or has caused harm to, a third-party; (ii) a third-party claim alleging
a breach'of any Vendor representations and warranties in this Agreement; (iii) a third-party claim
alleging Vendor's use of City Data is in violation of thisAgreement; or (iv) a third-party claim alleging
a Oieain of Vendor's confidentiality or data security obligations, that infringes the rights of, or has
caused harm to, a third-party, (v) third-party claim of injury or death to person or damage to
property arising from Vendor's negligence.
11.3 As an express condition of the foregoing indemnification obligations, the parties hereby
agree that:
a. the indemnified party shall promptly notify the indemnifying party in writing for
any claim for which indemnification is sought;
b. the indemnified party shall cooperate with all reasonable requests of the
indemnifying party (at the indemnifying party's expense) in defending or settling such claim'
c. the indemnifying party shall be allowed to control the defense and settlement
of such claim;
d. the indemnifying party may not settle any claim that includes an admission of
liability, fault, negligence or wrongdoing on the part of the indemnified party unless the indemnified
party provides prior written consent,
e. the indemnified party shall have the right, at its option and expense, to
participate in the defense of any action, suit or proceeding relating to such a claim through counsel
of its own choosing;
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f. each indemnified party will undertake commercially reasonable efforts to
mitigate any loss or liability resulting from an indemnification claim related to or arising out of this
Agreement.
12. Limitation of LiabilitY
Lz,L. EXCEPT FOR CLAIMS ARISING FROM EITHER PARTY'S INDEMNIFICATION
OBLIGATIONS, CONFIDENTIALITY AND SECURITY OBLIGATIONS, REPRESENTATIONS AND
WARRANTIES, AND INTELLECTUAL PROPERTY INFRINGEMENT OBLIGATIONS, IN NO EVENT SHALL
EITHER PARTY'S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS
AGREEMENT EXCEED THE PARTY'S STATED INSURANCE LIABILITY CAP.
T2.2. NEITHER PARTY WILL BE LIABLE FOR BREACH-OF-CONTRACT DAMAGES SUFFERED
BY THE OTHER PARTY THAT ARE REMOTE OR SPECULATIVE, OR THAT COULD NOT HAVE
REASONABLY BEEN FORESEEN ON ENTRY INTO THIS AGREEMENT.
L2.3. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR
TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
13. Insurance. Vendor shall maintain insurance that is sufficient to protect its business
against all applicable risks, at a minimum as set forth in the attached and incorporated Exhibit
Dl "Insurance Requirements." Vendor shall promptly provide City with certificates of insurance
to evidence Vendor's continued compliance with Exhibit D.
L4. Termination of Agreement.
L4.I Termination for Convenience. Either party may terminate this Agreement without
cause. In the event of such desire, the City may terminate upon giving the Vendor 90 days advance
written notice of termination, and the Vendor upon giving the City 180 days advance written notice
of termination,
14.2 Termination by Citv for Cause. In addition to any other rights granted to City in this
Agreement or under law, City has the right to terminate this Agreement upon written notice due to:
a. a material breach of a term, representation, or warranty under this Agreement
(including a material breach under any incorporated attachment, addendum and/or exhibit to this
Agreement) by Vendor of any of its subcontractors or licensors of services if such material breach is
not remedied within 30 days following receipt of written notice from City; or
b. a third-party's claim that Vendor's hardware, software, or any other services
and products provided to the City by Vendor or its subcontractors or Licensors or other third-parties
and ihe intellectual property rights associated therewith, infringes upon such third-party's intellectual
property rights.
c. City Council fails to appropriate funds for payment of Vendor's products or
services under this Agreement.
d. Vendor files for protection under bankruptcy laws, makes an assignment for
the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property,
files a petition under any bankruptcy or insolvency act or has any such petition filed against it which
is not discharged within 60 days of the filing thereof.'
14.3 Termination Bv Vendor for Cause. In addition to any other rights granted to Vendor in
this Agreement or under law, Vendor reserves the right, upon written notice to City, to terminate
this Agreement due to:
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a any undisputed amounts City owes that are delinquent greater than 90 days;
or
b. a material breach of the terms of this Agreement, other than a payment
obligation, by City or its users if such breach is not remedied within 30 days following receipt of
written notice of such breach from Vendor to City; or
c, a third-party's claim that City's Data, and/or intellectual property infringes upon
such third-party's rights.
L4.5 Effect of Termination.
a. If City terminates for cause or Vendor terminates without cause, City will only
be obligated to pay the amounts then due for services provided meeting Vendor's contractual
commitments as caiculated up to the date of termination and, if applicable, City will be reimbursed
a prorated amount of unused, prepaid fees.
b. If Vendor terminates for cause that City does not dispute or if City terminates
without cause and a balance is still due on City's account, then City agrees that Vendor may bill City
for such unpaid fees due up to the date of termination'
15. Remedies. Termination of this Agreement shall not affect any right of action of either party
prior to the termination being affected. All remedies shall be cumulative and may be exercised
concurrently, or separately, which shall not be deemed to constitute an election of any one remedy
to the exclusion of any other. In addition to any other remedy provided for herein, or at law or equity,
City shall have the right to recover from Vendor all damages reasonably caused by default of any
representation or wairanty, This paragraph shall not limit City's right to pursue any other remedy
available to it in law, at equity or pursuant to this Agreement'
16. Non-Discrimination. In the hiring of employees for the performance of this Agreement or
any subcontract, the Vendor, its subcontractors, or any person acting on behalf of the Vendor shall
not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence
of any sensory, mental, or physical disability, discriminate against any person who is qualified and
available to perform the work to which the employment relates. The Vendor shall execute the City of
Kent Equal imployment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2'
and upon completion of the contract work, file the Compliance Statement, all attached and
incorporated as Exhibit E.
17. General Provisions
t7.I Governinq Law and Venue. The Agreement will be governed by the laws of Washington
and its choice of law rules, Vendor irrevocably consents to the exclusive personal jurisdiction and
venue of the federal and state courts located in King County, Washington, with respect to any dispute
arising out of or in connection with the Agreement and agrees not to commence or prosecute any
action- or proceeding arising out of or in connection with the Agreement other than in the
aforementioned cou rts.
17.2. Dispute Resolution. The City and Vendor desire, if possible, to resolve disputes,
controversies and ilaims (Disputes) arising out of this Agreement without litigation. To that end,
upon written notification of dispute by a party to the other, each party shall appoint a knowledgeable,
responsible management representative to meet and negotiate in good faith to resolve any Dispute
arising under this Agreement. If the parties are unable to settle any Dispute, the exclusive means of
resolvlng that Dispute shall only be by filing suit as provided for under Section 17.1, unless the
parties agree in writing to an alternative dispute resolution process'
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17.3 Severabilitv. If any provision of the Agreement is held to be invalid or unenforceable
for any reason, the remaining provision will continue in full force without being impaired or
invalidated in any way. The City and Vendor agree to replace any invalid provision with a valid
provision that most closely approximates the intent and economic effect of the invalid provision'
L7.4. Nonwaiver, Any failure by either party to enforce strict performance of any provision
of the Agreement will not constitute a waiver of the its right to subsequently enforce such provision
or any other provision of the Agreement'
L7.S No Assignment. Either party may assign this Agreement and all of its rights and
obligations hereunder as part of a corporate reorganization, consolidation, merger, or sale of
subltantially all of its assets so long as said assignee accepts all of the respective Agreements rights
and obligations of its predecessor as provided in this Agreement without limitation. Except as
expresslf stated in this Agreement, neither party may otherwise assign its rights or obligations under
this Agreement either in whote or in part without the prior written consent of the other party, and
any attempted assignment or delegation without such consent will be void.
17.6 Notices. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary' Any
written notice hereunder shall become effective three (3) business days after the date of mailing by
registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the
address stated in this Agreement or such other address as may be hereafter specified in writing'
Either party may change its address by giving written notice of such change to the other party.
L7.7 Legal Fees, In any claim or lawsuit for damages arising from the parties' performance
of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringi-ng such ilaim oi lawsuit, including all appeals, in addition to any other recovery or award
provide? by law; provided, however, nothing in this paragraph shall be construed to limit either
party's right to indemnification under section 11 of this Agreement.
L7.8. Force Majeure. Neither party shall be liable to the other for breach due to delay or
failure in performarrce rlsulting 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 prevenied 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
perfoim as required and their performance will not be prevented, hindered, or delayed by the current
bOVf O-f g pandemic, any existing state or national declarations of emergency, or any current social
distancing restrictions oi personal protective equipment requirements that may be required under
federal, state, or local law in response to the current pandemic'
If any future performance is prevented or delayed by a force majeure event, the party
whose performance is prevented or delayed shall promptly notify the other party of the existence
and nature of the force majeure event causing the prevention or delay in performance. Any excuse
from liability shall be effective only to the extent and duration of the force majeure event causing
the prevention or delay in performance and, provided, that the party prevented or delayed has not
caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of
such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to,
and the City 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 Vendor due
to i force majeure event. performance that is more costly due to a force majeure event is not
included within the scope of this Force Majeure provision.
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If a force majeure event occurs, the City may direct the Vendor to restart any work or
performance 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,'"*.ept to the lxtent 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 borne by the Vendor.
17.g Independent Contractor. City and Vendor intend that an independent Contractor
relationshipbecreFedw.'tntnisAgreement.Vendorshallnotbeconsideredanagentoremployee
of City for any purpose and the employees of Vendor are not entitled to any of the benefits that City
provides for its employees. Nor shall t-his ngreement be evidence of a joint venture between Vendor
and City,
L7.tO problem Notification, Each party will promptly notify the other in writing of any events
or circumstances tf'at *ill affect the performance of its obligations under this Agreement including
the delivery of any deliverable or delay in completion of any of its obligations. Vendor shall notify
City in writing of alj material defects in the hardware or software, whether discovered by other parties
or by Vendorl within five (5) business days of their discovery and fix or replace the affected hardware
or software within a commercially reasonable time, A defect is considered material if it has the
potential to delay or inhibit the primary functionality of the software or if said defect has the potential
to corrupt CitY data.
L7.LL Entire Agreement/Modification. This Agreement, together with all exhibits comprise the
entire agreement Oetween the parties and supersedes all prior or contemporaneous negotiations,
discussions, or agreements, whether written or oral, between the parties regarding the subject matter
contained herein. This Agreement may be amended, modified, or added to only by written
instrument properly signed by both parties hereto.
17.tZ public Records Act. The Vendor acknowledges that the City is a public agency subject
to the public Recoras Rct codified in Chapter 42.56 of the Revised Code of Washington and
documents, notes, emails, and other records prepared or gathered by the Vendor in its performance
of this Agreement may be subject to public review and disclosure, even if those records are not
produced to or possessed by thi city of Kent. As such, the Vendor agrees to cooperate fully with the
bity in satisfying the City's duties and obligations under the Public Records Act'
17.L3 Citv Business License Required, Prior to commencing performance under this
Agreement, Vendor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent CitY Code.
//
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t7.I4 Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparis, 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.
HARDWARE PURCHASE, SOFTWARE LICENSE, AND MAINTENANCE AGREEMENT
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VENDOR:
Gladiator Forensics, LLC
By
Print Name
I fq
DATE:
CITY
City of Kent
Byr
Print Name:Dana lnh
Its Mavor
DATE:
NOTICES TO BE SENTTO
Mike Werner
Gladiator Forensics, LLC
100 Rialto Place Suite 605
Melbourne, FL 3290L
(321) 368-1341 (telePhone)
NOTICES TO BE SENTTO:
Ty Sagiao
City of Kent Police DePartment
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5866 (telePhone)
(253) 856-6802 (facsimile)
APPROVED AS TO FORM
Kent Law Department
ATTESTI
Kent City Clerk
8.D.a
Packet Pg. 52 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
EXHIBIT A
SCOPE OF WORK
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Phonea
SAEEFS Scnrur
Sabsrs $flver {FTfdPl
Srbcrt Senr* AHC PF,*
Sebsrs S€rvsr AllC - $uporr and u@re llcm*e rsn€{,val
SABERS $rnnr lst lF Ltofit AfrC FFI
$ABERS $lngle $ennr AirE . Suppm and updeb tacnss
runerml
G88.rrrrrt (tFtol0CALl
O$S S€lvel8 (PTil'P) Up iD !0 CALs and lnduds$ Mg SQL
detebce sof$lgrs
CaSarvtttAluE
O$S $srwrs AtuE " Support srd updab bcense rsnerval
sl{u
E.OSS.ESPA
"50
E.OSS.ESFA
. Altc " 50 PP4
E.OSS'
Sendnsd $T " 56
E"OSS.
S€nth€l ST "
Altc - 56 PP4
E. OSS " IOEP .
55
E.OSS . IOEP.
55 PP4
E"SAEERS.
154
E . SA8ER$ .
Atdc' 154 PP4
E. SABERSSS.
AHC . 120 PP4
E " OSS Servcr'
r50
E. OSS Str\rtr -
Alil0 - 150
4,8m.00
3,6m.00
2,8€0.00
14.400.00
14,400.00
11,520.00
OTY
3
ut{tT
FFTCE i
6,{X10.00
SUB.
TOTAL $
18,000"00
3
4
4
1 2,500.00
1 10,000.00
7,5m.00
3,060.00
c,250.00
14,300.00
1,500.00
2,500.00
10,000.00
15,000.00
6,000-00
9,000.00
14.t00.00
6,000.00
2
2
4
.t
EXHIBIT A - SCOPE OF WORK AND QUOTE
(to Hardware Purchase, Software License, and Maintenance Agreement)
8.D.a
Packet Pg. 53 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
ITEITDESSNFAQH
CbooABA
Clsoo ASA 5616-X rrlh Fhlpo{rct
CbooASA-AlE -leE Pi
Cbco ASA 5618.X wlh FfPowrr
Rfinbheildonddyrft
Remob lnsElhdon ddly rfie
8tilJ qIY
E4arcoASA^l?3 1
CbcoASA-
AltG.r23 P{
F lnciCledon DF
'92
I 1,650-00 1,850.00
I 1,0m-00 1,000.m
$126,5A0.00
ul{lT
F,filoEt
2,750.00
8U&
M?ALO
2,750.00
TOTAL
ADccplsd Ey Ama$sd Datc
EXHIBIT A - SCOPE OF WORK AND QUOTE
(to Hardware Purchase, Software License, and Maintenance Agreement)
8.D.a
Packet Pg. 54 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
EXHIBIT B
SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES
A. SUPPORT SERVICES
1. Support services entitles the City to the following:
1,1 Telephone or electronic support, from B a.m. - B p.m,, eastern time,
Monday through Friday, to help the City locate and correct problems with the hardware and
software provided through this Agreement.
I.2 Bug fixes and code corrections to correct software malfunctions to bring
the software into substantial conformity with the operating specifications.
1.3 All extensions, enhancements and other changes that Vendor makes or
adds to the software and which the Vendor offers, without charge, to other software licensees.
t.4 Training services to educate authorized City staff on how to operate and
maintain the hardware and software.
2. Problem Reporting Procedure
Z.I The City may report errors or problems to the Vendor in the following manner
By phone, currently at 2O2-465-4758, plus emergency cell phone as provided
from time-to-time
By email, currently at Support@gladiator-forensics.com
By website software support, currently at Support/Help Link embedded within
the software interface
Z.Z The City will cooperator with Vendor to provide information concerning any
suspected error or problem reported'
2.3 The escalation procedures in Section 4 will apply if Vendor does not meet the
time periods provided for in Section 3.
3. ResPonse and Resolution Goals
3.1 Severity 1: The Production system/application is down, seriously impacted and
there is no reasonable work around currently available. Once Vendor receives notice, the Vendor will
respond within t hour, will begin continuous work to resolve the issue, and a customer support
person must be available at any time to assist with problem determination.
Once the issue is reproducible or once vendor has identified the Software
defect, Vendor will provide reasonable efforts for workaround or solution within 48 hours'
3.2 Severity 2: The system or application is seriously affected, The issue is not
critical and does not comply with the Severity 1 conditions. There is no workaround currently
available or the workaround is cumbersome to use. Once Vendor receives notice, the Vendor will
EXHIBIT B - SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES
(to Hardware Purchase, Software License, and Maintenance Agreement)
8.D.a
Packet Pg. 55 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
respond within 4 hours, will begin continuous work to resolve the issue, and a customer support
person must be available at any time to assist with problem determination.
The Vendor will work during normal business hours to provide reasonable
effort for workaround or solution within 3 calendar days, once the issue is reproducible.
3.3 Severity 3: The system or application is moderately affected. The issue is
not critical and the system has not failed. The issue has been identified and does not hinder
normal operation, or the situation may be temporarily circumvented using an available
workaround. Once Vendor receives notice, the Vendor will respond within B hours, and a customer
support person must be available at any time to assist with problem determination, if unknown.
The Company will work during normal business hours to provide reasonable
effort for workaround or solution within 5 business days, once the issue is reproducible'
3.4 Severity 4l Non-critical issues
The Company will seek during normal business hours to provide a solution in
future releases of the software.
4. Problem Escalation
4.I The response time periods set out above shall be measured from the time
the City logs the call via the options listed above, and shall end when the Vendor contacts the
designated City representative. The targeted fix time set forth above shall be measured from
the [ime the City logs the call via the options listed above, and shall end when the Vendor has
successfully implemented the correction or patch.
4.2 If response and resolution times are not being met per the above criteria,
the City may escalate the issue by contacting Greg Guillette'
Name: Greg Guillette
Phone: (202) 465-4758
Emai I : Greg. Gu i llette@g lad iator-forensics.com
4.3 If a reported problem is still not progressing as set forth above, the City
shall escalate the problem by notifying Michael Werner'
Name: Michael Werner
Phone: (9L7) 685-0525
Email : Michael.Werner@gladiator-forensics'com
4.4 A joint meeting between Vendor's designated representative and the City's
designated representative will ensue. This meeting will be used to discuss and resolve problems
that have resulted in the objectives of the Agreement not being met.
EXHIBIT B - SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES
(to Hardware Purchase, Software License, and Maintenance Agreement)
8.D.a
Packet Pg. 56 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
1
EXHIBIT C
NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
Definition of Confidential Information and Exclusions.
(a) "Confidential Information" means non-public information that a party to the
Agreement ("Disclosing Party") designates as being confidential to the party that
receives such information ("Receiving Party") or which, under the circumstances
surrounding disclosure ought to be treated as confidential by the Receiving Party.
"Confidential Information" includes, without limitation, information in tangible or
intangible form relating to and/or including released or unreleased Disclosing Party
software or hardware products, the marketing or promotion of any Disclosing Party
product, Disclosing Party's business policies or practices, and information received
irom others that Disclosing Party is obligated to treat as confidential. For purpose of
the parties'Agreement, this confidential information also includes but is no limited to
the following types of information, whether in writing or not: all documentation,
other tangible or intangible discoveries, ideas, concepts, drawings, specifications,
techniquel, data or any other information including any information the Disclosing
party obtains from another party which the Disclosing Party treats as proprietary or
designates as confidential information whether or not it is owned by the Disclosing
Party,
Except as otherwise indicated in this Agreement, the term "Disclosing Party" also
includes all affiliates of the Disclosing Party and, except as otherwise indicated, the
term "Receiving Party" also includes all affiliates of the Receiving Party. An "Affiliate"
means any person, partnership, joint venture, corporation or other form of
enterprise, domestic or foreign, including but not limited to subsidiaries, that directly
or indirectly, controls, are controlled by, or are under common control with a party.
Confidential Information shall not include any information, however designated, that:
(i) is or subsequently becomes publicly available without Receiving Party's breach of
any obligation owed Disclosing Party; (ii) became known to Receiving Party prior to
Oisclosing Party's disclosure of such information to Receiving Party pursuant to the
terms of lnis Agreement; (iii) became known to Receiving Party from a source other
than Disclosing Party other than by the breach of an obligation of confidentiality
owed to Disclosing Party; (iv) is independently developed by Receiving Party.
(b)
2. ObligationsReoardingConfidentiallnformation
(a) Receiving PartY shall:
(i) Refrain from disclosing any Confidential Information of the Disclosing Party to
third-parties for two (2) years following the date that Disclosing Party first
discloses such Confidential Information to Receiving Party, except as
expressly provided in Sections 2(b) and 2(c) below;
(ii) Take reasonable security precautions, at least as great as the precautions it
takes to protect its own confidential information, but no less than prevailing
standard of reasonable care in the Receiving Party's industry, to keep
confidential the Confidential Information of the Disclosing Party;
(iii)Refrain from disclosing, reproducing, summarizing and/or distributing
Confidential Information of the Disclosing Party except in pursuance of
EXHIBIT C - NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
(to Hardware Purchase, software License, and Maintenance Agreement)
8.D.a
Packet Pg. 57 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
(iv)
Receiving Party's business relationship with Disclosing Party, and only as
otherwise provided hereunder; and
Refrain from reverse engineering, decompiling or disassembling any software
code and/or pre-release hardware devices disclosed by Disclosing Party to
Receiving Party under the terms of the Agreement, except as expressly
permitted by applicable law.
(b)
(c)
(d)
(e)
(f)
EXHIBIT C _ NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
(to Hardware Purchase, Software License, and Maintenance Agreement)
Receiving Party may disclose Confidential Information of Disclosing Party in
accordance with judicial action, federal or state public disclosure requirements, state
or federal regulations, or other governmental order or requirement of law, provided
that Receiving Party gives the Disclosing Party reasonable notice prior to such
disclosure to allow Disclosing Party a reasonable opportunity to seek a protective
order or equivalent, at the Disclosing Party's sole cost, effort, and expense. In the
event the Disclosing Party elects to obtain a protective order or equivalent, or legally
contest and avoid such disclosure, the Receiving Party shall fully cooperate with the
Disclosing Party.
The Receiving Party may disclose Confidential Information only to Receiving Party's
employees and consultants on a need-to-know basis. The undersigned Receiving
party will have executed or shall execute appropriate written agreements with third-
parties sufficient to enable Receiving Party to enforce all the provisions of this
Agreement.
Receiving Party shall notify the undersigned Disclosing Party immediately upon
discovery of any unauthorized use or disclosure of Confidential Information or any
other breach of the Agreement by Receiving Party and its employees and
consultants, and will cooperate with Disclosing Party in every reasonable way to help
Disclosing Party regain possession of the Confidential Information and prevent its
further unauthorized use or disclosure. Upon discovery of an inadverLent or accidental
disclosure, the Receiving Party shall promptly notify the Disclosing Party of such
disclosure and shall take all reasonable steps to retrieve the disclosure and prevent
further such disclosures. If the foregoing requirements are met, a Receiving Party shall
not be liable for inadvertent disclosure.
The restrictions herein shall not apply with respect to Confidential Information which:
(i) Is or becomes known to the general public without breach of this Agreement;
or
(ii) Is or has been lawfully disclosed to a Receiving Party by a third-party without
an obligation of confidentiality;
(iii) Is independently developed by a Party without access to or use of the
Confidential Information; or
(iv) At the end of the period of confidentiality set forth in the Agreement'
All tangible information, including drawings, specifications, and other information
submitted hereunder, by the Receiving Party to the other shall remain the property of
the Disclosing Party. The Receiving Party promptly shall return Confidential
Information, including all originals, copies, reproductions and summaries of
Confidential Informaiion and all other tangible materials and devices provided to the
Receiving Party, and shall cease any further use thereof, upon the first to occur of the
following events:
8.D.a
Packet Pg. 58 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
(i)
( ii)
( iii)
4.
EXHIBIT C - NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
(to Hardware Purchase, Software License, and Maintenance Agreement)
written request of the Disclosing Party;
termination of the parties'Agreement; or
completion of the purpose for which the Confidential Information was disclosed,
In lieu of the foregoing, the Receiving Party, upon mutual consent, may destroy
all copies of the Confidential Information and certify to the Disclosing Party in
writing that it has done so.
3
(g)The Receiving Party shall not export, directly or indirectly, anY Confidential Information
or any products utilizing such data unless it first complies with any applicable laws and
regulations pertaining thereto, including, but not limited to, U,S. export laws or traffic
in arms regulations.
Remedies
The parties acknowledge that monetary damages may not be a sufficient remedy for
unauthorized disclosure of Confidential Information and that Disclosing Party shall be
entitled, without waiving any other rights or remedies, to such injunctive or equitable relief
as may be deemed proper by a court of competent jurisdiction.
Miscellaneous
(a) All Confidential Information is and shall remain the property of Disclosing Party. By
disclosing Confidential Information to Receiving Party, Disclosing Party does not
grant any express or implied right to Receiving Party to or under any patents,
iopyrights, trademarks, or trade secret information except as otherwise provided
herein. Disclosing Party reserves without prejudice the ability to protect its rights
under any such patents, copyrights, trademarks, or trade secrets except as
otherwise provided herein. Except as expressly herein provided, no rights, licenses or
relationships whatsoever are to be inferred or implied by the furnishing of Confidential
Information specified above or pursuant to this Agreement.
(b) The terms of confidentiality under this Agreement shall not be construed to limit
either the Disclosing Party or the Receiving Party's right to independently develop or
acquire products without use of the other party's Confidential Information, Further,
the Receiving Party shall be free to use for any purpose the residuals resulting from
access to or work with the Confidential Information of the Disclosing Party, provided
that the Receiving Party shall not disclose the Confidential Information except as
expressly permitted pursuant to the terms of this Agreement. The term "residuals"
means information in intangible form, which is retained in memory by persons who
have had access to the Confidential Information, including ideas, concepts, know-
how or techniques contained therein. The Receiving Party shall not have any
obligation to limit or restrict the assignment of such persons or to pay royalties for
any work resulting from the use of residuals. However, this sub-paragraph shall not
be deemed to grant to the Receiving Party a license under the Disclosing Party's
copyrights or Patents.
8.D.a
Packet Pg. 59 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
EXHIBIT D
INSURANCE REQUIREMENTS
Insurance
The Vendor 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 Vendor, their agents, representatives, employees or
su bcontractors.
A. Minimum ScoPe of Insurance
Vendor shall obtain insurance of the types described below:
1, Automobile Liabilitv insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage, If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG
OO O1 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO
form CG 25 03 11 85. The City shall be named as an insured under the Vendor's
Commercial General Liability insurance policy with respect to the work performed for
the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage'
3. Professional Liabilitv insurance appropriate to the Vendor's profession.
Cyber Liability insurance.
Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance
Vendor shall maintain the following insurance limits:
1, Automobile Liabilitv insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no less than
$2,OOO,OO0 each occurrence, $2,000,000 general aggregate. Coverage may be in
the form of an underlying GL policy combined with an Umbrella/Excess policy in
order to meet the limits required'
3. professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
4. Cyber Liability insurance shall be written with limits no less than $1,000,000 per
occurrence
EXHIBIT E - NON-DISCRIMINATION POLICY & FORMS
(to Hardware Purchase, Software License, and Maintenance Agreement)
4.
5.
8.D.a
Packet Pg. 60 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance:
1. The Vendor'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 Vendor's insurance and shall not contribute with it.
2. The Vendor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
professional Liability) as respects work performed by or on behalf of the Vendor and
a copy of the endorsement naming the City as additional insured shall be attached to
the bertificate of Insurance. The City reserves the right to receive a certified copy of
all required insurance policies. The Vendor's Commercial General Liability insurance
shall also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with respects to the
limits of the insurer's liabilitY,
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII'
E. Verification of Coverage
Vendor 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 Vendor before commencement of the work'
F.Subcontractors
Vendor 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 Vendor.
EXHIBIT E - NON-DISCRIMINATION POLICY & FORMS
(to Hardware Purchase, Software License, and Maintenance Agreement)
8.D.a
Packet Pg. 61 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
EXHIBIT E
CITY OF KENT NON-DISCRIMINATION POLICY AND FORMS
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors and suppliers who perform work with
relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for
any contractor, subcontractor or supplier on this specific Agreement to adhere to' An
affirmative response is required on all of the following questions for this Agreement to be
valid and binding. If any contractor, subcontractor or supplier willfully misrepresents
themselves with regard to the directives outlines, it will be considered a breach of contract
and it will be at the City's sole determination regarding suspension or termination for all or
paft of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1,2.
2. During the time of this Agreement I will not discriminate in employment on the basis
of sei, race, color, national origin, age, or the presence of all sensory, mental or
physical disabilitY.
3, During the time of this Agreement the prime contractor will provide a written
statement to all new employees and subcontractors indicating commitment as an
equal opportunitY emPloYer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring
and promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me,
the Prime Contractor, that the Prime Contractor complied with the requirements as
set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EXHIBIT E . NON-DISCRIMINATION POLICY & FORMS
(to Hardware Purchase, Software License, and Maintenance Agreement)
8.D.a
Packet Pg. 62 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must
guarantee equal employment opportunity within their organization and, if holding
Agreements with the City amounting to $10,000 or more within any given year, must take
the following affirmative stePs:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of
contract and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and
public Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment
opportunity PolicY.
2. Monitoring to assure adherence to federal, state and local laws, policies and
guidelines.
EXHIBIT E - NON-DISCRIMINATION POLICY & FORMS
(to Hardware Purchase, Software License, and Maintenance Agreement)
MINORIry AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
8.D.a
Packet Pg. 63 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded
the Agreement.
I, the undersigned, a duly represented agent of
-
Company, hereby acknowledge and declare that the before-mentioned
company was the prime contractor for the Agreement known as
that was entered into on the-
(date), between the firm I represent and the City of Kent
I declare that I complied fully with all of the requirements and obligations as outlined in
the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal
Employment Opportunity Policy that was part of the before-mentioned Agreement.
For:
Title:
Date
EXHIBIT E - NON.DISCRIMINATION POLICY & FORMS
(to Hardware Purchase, Software License, and Maintenance Agreement)
By
8.D.a
Packet Pg. 64 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
CERTIFICATE OF LIABILITY INSU RANCE DATE (MM/DD/YYYY)
06t1412021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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.
licy(ies)musthaveADDlTloNALlNsUREDprovisionsorbeendorsed
lf SUBROGATION lS 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
Prime-One lnsurance
2332 N HighwayAlA
lndialantic FL 32903
Paul Weber
lM\t^ =",,.
(321) 241-1111 FAX
{A/C- Nol:(877) 563-3483
pweber@primel insurance.com
INSURER(S) AFFORDING COVERAGE NAIC #
tNsuRERA: Lloyd's of London
INSUREO
Gladiator Forensics, LLC
100 Rialto Pl, #605
Melbourne FL 32901
INSURER B :
INSURER C
INSURER D
INSURER E
INSURER F
CERTIFICATE NUMBER:61401 755 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
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.
TYPE OF INSURANCE POLICY NUMBER
PULICY EII FUL|Ut Ur
.Mi,/D D/YYYYI LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIIVS-MADE OCCUR
'i$:Ji"d::"
POLICY
ESJ 1 030627273 03t30t2021 03t30t2022
EACH OCCURRENCE c 1,000,000
UAMASE IUKENIEU
PRFMISFS lFa ocdrrranc6)$ 250,000
MED EXP (Anv one oerson)$ 10,000
PERSONAL &ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ 2,000,000
Employee Benefits $ 2,000,000
AUTOMOBILE LIABILITY
ANYAUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON.OWNED
AUTOS ONLY
$
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
$
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY N
ANY PROPRIETOR/PARTNERYEXECUTIVE
OFFICEFYMEI,IBER EXCLUDED?
(Mandatory in NH)
lf yes, describe under
DFscRlPTloN OF OPERATIONS below
N/A
PEit
STATI.JTE
otH-
FP
E.L. EACHACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE. POLICY LIMIT $
A Technology/Cyber Professional
Errors & Omissions ESJ 1 030627273 03t30t2021 03t30t2022 Each Occurrence
Aggregate
$1,000,000
$2,000,000
DESCRtPTIONOFOpERATIONS/LOCATIONS/VEH|CLES (ACORDl0l,AdditionalRemarksschedule,maybealtachedifmorespaqeisrequired)
Technology Company
CANCELLATION
@ 1988-20'15 ACORD CORPORATION. All rights reserved.
City of Kent (City), a Washington Municipal Corp
220 Fourth Avnue South
Kent wA 98032
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE W|LL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Qr,At-t-
ACORD 25 (2016/03)The AGORD name and logo are registered marks of ACORD
8.D.a
Packet Pg. 65 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
ADDITIONAL GOVERAGES
Ref #Description
Errors & Omissions
Coverage Gode
ERROM
Form No,Edition Date
Limit I
1,000,000
Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description
Hired and Non-Owned
Coverage Code
HARNO
Form No.Edition Date
Limit 1
2,000,000
Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Code Form No.Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Gode Form No.Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Gode Form No.Edition Date
Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Gode Form No.Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Code Form No.Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Code Form No.Edition Date
Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Code Form No.Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Code Form No,Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref #Description Coverage Code Form No.Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
OFADTLCV Copyright 2001, AMS Services, lnc.
8.D.a
Packet Pg. 66 Attachment: Gladiator Agreement (2851 : Media Forensic Software Contract - Authorize)
DATE: October 5, 2021
TO: Kent City Council
SUBJECT: Lease Agreement with T-Mobile West Tower LLC by and
through CCTMO LLC - Authorize
MOTION: I move to authorize the Mayor to execute a lease agreement with
T-Mobile West Tower LLC, by and through CCTMO LLC to operate and
maintain a wireless communication facility at Pump Station No. 5, subject
to final terms and conditions acceptable to the Public Works Director and
City Attorney.
SUMMARY: On September 23, 2005, the City and a predecessor of T-Mobile West
Tower LLC/CCTMO LLC (“T-Mobile”) entered into a lease to operate a wireless
communications facility at the Pump Station No. 5 site located at 23825 98 th
Avenue South in Kent. The lease expired on September 26, 2020, and has since
been on a month-to-month term for payment.
T-Mobile has requested to enter into a new lease with the City at the same location.
This lease will retroactively commence September 27, 2020, and end on September
30, 2025. T-Mobile will have the option to renew this lease for two additional five-
year periods, provided they are compliant with all lease terms.
T-Mobile will pay rent in the amount of $2,800 per month, plus leasehold tax if
required by law, at a rate established by the State of Washington. Rent during the
first year of each renewal term will be adjusted to market rent. Rent during years
two through five of the initial term, then for years two through five of each optional
renewal term, shall be increased each anniversary of the commencement date of
the lease by 4% each year
BUDGET IMPACT: Lease payments will be receipted to the Water Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. T-Mobile-Crown Castle Lease at Pump Station #5 (PDF)
8.E
Packet Pg. 67
09/20/21 Public Works Committee MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/5/2021
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
8.E
Packet Pg. 68
8.E.a
Packet Pg. 69 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 70 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 71 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 72 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 73 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 74 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 75 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 76 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 77 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 78 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 79 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 80 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 81 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 82 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 83 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 84 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 85 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 86 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 87 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 88 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 89 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 90 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 91 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 92 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 93 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 94 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 95 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 96 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 97 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 98 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 99 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 100 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 101 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 102 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 103 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 104 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 105 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 106 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 107 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 108 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 109 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
8.E.a
Packet Pg. 110 Attachment: T-Mobile-Crown Castle Lease at Pump Station #5 (2837 : Lease Agreement with T-Mobile West Tower LLC - Authorize)
DATE: October 5, 2021
TO: Kent City Council
SUBJECT: Termination of Drainage Easements and Sidewalk
Easement on Bridge Point Kent 300 LLC Property -
Authorize
MOTION: I move to authorize the Mayor to sign terminations of two
drainage easements and a sidewalk easement on property owned by
Bridge Point Kent 300, LLC subject to final terms and conditions acceptable
to the Public Works Director and City Attorney.
SUMMARY: Bridge Development Partners LLC (“Developer”) is re-developing the
former REI property, King County Tax Parcel No. 142204-9001, located at 6750
South 228th Street in Kent. Developer has requested the City terminate two
drainage easements granted to the City in 1987 that are located on the property in
order to construct new buildings in the existing easement area and to convert the
drainage system on the property from public to private.
As part of the redevelopment, the Developer agreed to dedicate as right-of-way the
area where a sidewalk easement granted to the City in 2012 is currently located. A
new 5-foot planter strip with street trees and a new sidewalk will be built by
Developer within the new public right-of-way dedication. The sidewalk easement
will not be released until recording of the right-of-way dedication has been
completed.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Relinquishment of Sidewalk Easement-Kent 300 + Exhibits (PDF)
2. Relinquishment of Drainage Easements-Kent 300 + Exhibits (PDF)
09/20/21 Public Works Committee MOTION PASSES
8.F
Packet Pg. 111
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/5/2021
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
8.F
Packet Pg. 112
Termination of Easement – Page 1
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Reference Number of Related Documents: 20120406001289
Grantor(s): City of Kent
Grantee(s): The Public
Abbreviated Legal Description: Ptns. Lots 3 and 4, Van Doren’s Landing SP 1, SP-
86-4, Rec No. 8606301093
Additional Legal Description on: Exhibit A
Assessor's Tax Parcel No.: 142204-9001 STR: NE14-22-04
TERMINATION OF EASEMENT
In consideration of mutual benefits derived, the City of Kent, a municipal
corporation, does hereby terminate that certain Easement recorded under King
County Auditor’s File #20120406001289 and does hereby release and relinquish all
rights under the Easement. The legal description of the easement area is specifically
described in Exhibit “A” and depicted in Exhibit “B” which are attached and
incorporated herein.
Dated: ___________________, 2021.
CITY OF KENT:
_______________________________
By: Dana Ralph
Title: Mayor
Notary acknowledgment on following page
8.F.a
Packet Pg. 113 Attachment: Relinquishment of Sidewalk Easement-Kent 300 + Exhibits (2838 : Termination of Easements on Bridge Point Kent 300 LLC
Termination of Easement – Page 2
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.F.a
Packet Pg. 114 Attachment: Relinquishment of Sidewalk Easement-Kent 300 + Exhibits (2838 : Termination of Easements on Bridge Point Kent 300 LLC
21281 – BRIDGE DEVELOPMENT PARTNERS, LLC
21281L.003 – RDL
JUNE 30, 2021
EXHIBIT A
RELEASE OF SIDEWALK EASEMENT LEGAL DESCRIPTION
THE ENTIRETY OF THE SIDEWALK EASEMENT FOR 64TH AVENUE SOUTH DESCRIBED IN DOCUMENT
TITLED “PUBLIC RIGHT-OF-WAY EASEMENT & MAINTENANCE AGREEMENT” UNDER RECORDING NUMBER
20120406001289, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF VAN DOREN’S LANDING SHORT PLAT I, SP-86-4,
RECORDED UNDER RECORDING NO. 8606301093, (AS DESCRIBED & DELINEATED PER CITY OF KENT LOT
LINE ADJUSTMENT NO. LL-2000-22 RECORDING NO. 20010510002492 & 20010510900006) RECORDS OF
KING COUNTY, WASHINGTON;
THENCE SOUTH 00°50’46” WEST, ALONG THE EASTERN RIGHT-OF-WAY OF 64TH AVENUE SOUTH A
DISTANCE OF 510.00 FEET TO A POINT OF TANGENCY WITH A 50.00 FOOT RADIUS, CIRCULAR CURVE TO
THE LEFT;
THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 75°00’00”, AN ARC
DISTANCE OF 65.45 FEET;
THENCE NORTH 52°08’47” WEST A DISTANCE OF 27.00 FEET;
THENCE NORTH 00°50’46” EAST A DISTANCE OF 542.05 FEET;
THENCE NORTH 89°09’14” WEST A DISTANCE OF 15.50 FEET TO A POINT ON THE EASTERLY RIGHT-OF-
WAY OF 64TH AVENUE SOUTH AND THE POINT OF BEGINNING;
CONTAINING 8,362 SQUARE FEET, MORE OR LESS.
ALL LYING WITHIN LOTS 3 AND 4 OF SAID VAN DOREN’S LANDING SHORT PLAT IN THE NORTHEAST
QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., CITY OF KENT, KING COUNTY,
WASHINGTON.
7/16/2021
8.F.a
Packet Pg. 115 Attachment: Relinquishment of Sidewalk Easement-Kent 300 + Exhibits (2838 : Termination of Easements on Bridge Point Kent 300 LLC
64TH AVENUE SOUTHSOUTH 228TH STREET
LOT 4
LOT 2
CITY OF KEN
T
SHORT PLAT
N
o
.
S
P
-
8
6
-
4
REC. No. 860
6
3
0
1
0
9
3
LOT 3
P.O.B.
40'
40'
SIDEWALK EASEMENT
REC. No. 20120406001289
±8,632 S.F.
8.F.a
Packet Pg. 116 Attachment: Relinquishment of Sidewalk Easement-Kent 300 + Exhibits (2838 : Termination of Easements on Bridge Point Kent 300 LLC
Termination of Easements – Page 1
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Reference Number of Related Documents: 8708280193 and 8701050106
Grantor(s): City of Kent
Grantee(s): The Public
Abbreviated Legal Description: Ptns. Lots 1, 4, and 9 Van Doren’s Landing SP 1,
SP-86-4, Rec No. 8606301093
Additional Legal Description on: Exhibit A
Assessor's Tax Parcel No.: 142204-9001 STR: NE14-22-04
TERMINATION OF EASEMENTS
In consideration of mutual benefits derived, the City of Kent, a municipal
corporation, does hereby terminate those certain Easements recorded under King
County Auditor’s File #8708280193 and # 8701050106 and does hereby release and
relinquish all rights under the Easements. The legal description of the easement area
is specifically described in Exhibit “A” and depicted in Exhibit “B” which are attached
and incorporated herein.
Dated: ___________________, 2021.
CITY OF KENT:
_______________________________
By: Dana Ralph
Title: Mayor
Notary acknowledgment on following page
8.F.b
Packet Pg. 117 Attachment: Relinquishment of Drainage Easements-Kent 300 + Exhibits (2838 : Termination of Easements on Bridge Point Kent 300 LLC
Termination of Easements – Page 2
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.F.b
Packet Pg. 118 Attachment: Relinquishment of Drainage Easements-Kent 300 + Exhibits (2838 : Termination of Easements on Bridge Point Kent 300 LLC
21281 – BRIDGE DEVELOPMENT PARTNERS, LLC
21281L.002 – RDL
July 16, 2021
EXHIBIT A
RELEASE OF STORM DRAINAGE EASEMENT LEGAL DESCRIPTION
ANY PORTION OF STORM DRAINAGE EASEMENT SHOWN ON CITY OF KENT SHORT PLAT NUMBER SP-86-
4, UNDER RECORDING NUMBER 8606301093 AND DESCRIBED BY STORM DRAINAGE EASEMENT UNDER
RECORDING NUMBER 8708280193 LYING ON LOT 4 AND LOT 9 OF SAID SHORT PLAT NOT RELEASED BY
RELEASE OF STORM DRAINAGE EASEMENT UNDER RECORDING NUMBER 20001020000813.
TOGETHER WITH ANY PORTION OF STORM DRAINAGE EASEMENT SHOWN ON CITY OF KENT SHORT
PLAT NUMBER SP-86-4, UNDER RECORDING NUMBER 8606301093 AND DESCRIBED BY STORM DRAINAGE
EASEMENT UNDER RECORDING NUMBER 8701050106 LYING ON LOT 1, OF SAID SHORT PLAT NOT
RELEASED BY RELEASE OF STORM DRAINAGE EASEMENT UNDER RECORDING NUMBER 20001020000812.
ALL LYING WITHIN THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST,
W.M., CITY OF KENT, KING COUNTY, WASHINGTON.
7/16/2021
8.F.b
Packet Pg. 119 Attachment: Relinquishment of Drainage Easements-Kent 300 + Exhibits (2838 : Termination of Easements on Bridge Point Kent 300 LLC
LOT 4
LOT 1
LOT 9
LOT 2
CITY OF KE
N
T
SHORT PL
A
T
N
o
.
S
P
-
8
6
-
4
REC. No. 8
6
0
6
3
0
1
0
9
3
8.F.b
Packet Pg. 120 Attachment: Relinquishment of Drainage Easements-Kent 300 + Exhibits (2838 : Termination of Easements on Bridge Point Kent 300 LLC
DATE: October 5, 2021
TO: Kent City Council
SUBJECT: Environmental Covenant with State of Washington,
Pollution Liability Insurance Agency and G/R Meeker
Street LLC - Authorize
MOTION: I move to authorize the Mayor to execute an environmental
covenant with the State of Washington, Pollution Liability Insurance
Agency and G/R Meeker Street LLC, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
SUMMARY: G/R Meeker Street LLC (“G/R Meeker”) currently owns property
located at 24615 64th Avenue South and has built multi-family housing on this
property (“G/R Meeker Property”). The G/R Meeker Property lies across the street
to the south of a former gas station (“Shell Site”). The Shell Site is the source of
petroleum contamination that migrated beneath the City’s right-of-way and onto
the G/R Meeker Property. The Shell Site is enrolled in the State of Washington’s
Petroleum Technical Assistance Program, in which the Pollution Liability Insurance
Agency (“PLIA”) provides technical advice and assistance for remediating qualifying
petroleum cleanup sites.
Over the past few years, G/R Meeker has cleaned up the petroleum contamination
on its property and worked with the City to install a permeable activated carbon
wall in a portion of the right-of-way, beneath the sidewalk. The carbon wall was
designed to passively treat any petroleum-contaminated groundwater migrating
beneath the Meeker Street right-of-way (i.e., to act as a filter). The City and G/R
Meeker entered into a limited license agreement in October 2019 that authorized
the installation of the carbon wall in the City’s right-of-way, subject to certain terms
and conditions.
Now that the G/R Meeker Street Property has been fully cleaned up and the carbon
wall installed, PLIA requires the recording of an environmental covenant against the
property to help protect the integrity of the completed remedial actions. Because
the carbon wall was installed on City property, the City is a party to this covenant,
along with G/R Meeker and PLIA. Overall, the covenant restricts certain activities
and uses of the G/R Meeker Property and the portion of the right-of-way containing
the carbon wall to help protect human health, the environment, and to preserve the
integrity of the remedial actions. City staff negotiated the terms of the covenant
specific to the City, limiting the City’s obligations to the following: avoiding
8.G
Packet Pg. 121
interference with the carbon wall; obtaining approval from PLIA for any activities
that may impact the carbon wall; reporting any observed damage to the carbon
wall; and allowing PLIA to enter the right-of-way to evaluate the condition of the
carbon wall.
BUDGET IMPACT: N/A
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Meeker Environmental Covenant (PDF)
09/20/21 Public Works Committee MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/5/2021
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
8.G
Packet Pg. 122
PLIA Form No. 01-2018-10
111036680.4 0069411-00109
112040518.1 0069411-00004
After Recording Return
Original Signed Covenant to:
Russell E. Olsen, MPA
Executive Director
PLIA
PO Box 40930
Olympia, WA 98504-0930
Environmental Covenant
Grantor: G/R MEEKER STREET LLC (“Owner”); CITY OF KENT (“City”)
Grantee: STATE OF WASHINGTON, POLLUTION LIABILITY INSURANCE AGENCY
(hereafter “PLIA”)
Brief Legal Description: Lots 1, 2, 3, Short Plat No. SP-84-8, Recording No. 8503211054
Tax Parcel Nos.: Portion of 2322049034
Cross Reference: Property NFA Associated with a Site Dated: _________________
RECITALS
a. This document is an environmental (restrictive) covenant (hereafter “Covenant”) executed
pursuant to the Model Toxics Control Act (“MTCA”), Chapter 70A.300 RCW, and Uniform
Environmental Covenants Act (“UECA”), Chapter 64.70 RCW.
b. The property that is the subject of this Covenant is part of a site commonly known as the
Shell Site. The primary real property encumbered by this Covenant is legally described in Exhibit
A and illustrated in Exhibits B & C, all of which are attached (hereafter “Property”). If there are
differences between these three Exhibits, the legal description in Exhibit A shall prevail. As part
of a remedial action performed at the Shell Site, an engineering control in the form of a permeable
activated carbon wall (“PACW”) was installed within a portion of the Meeker Street public
right-of-way (the “Right-of-Way Property”) as illustrated on Exhibit C. The PACW includes a cap
of controlled density fill that spans a depth of approximately 0 to 8 feet below ground surface (the
“Cap”) and underlies the sidewalk grade. The Cap and PACW are located on the Right-of-Way
Property, beneath the sidewalk along the northern boundary of the Property and extending
approximately 220 feet east to west and 30 inches north to south. Residual petroleum-contaminated
soil (“PCS”) and groundwater (“PCGW”) remain north of the PACW on the Right-of-Way
Property. No PCS or PCGW is currently present on the Property after the remedial action was
implemented as illustrated in Exhibits B and C.
8.G.a
Packet Pg. 123 Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
PLIA Form No. 01-2018-10
111036680.4 0069411-00109
112040518.1 0069411-00004
c. The Property is the subject of a remedial action conducted under MTCA, which includes
the excavation and removal of 5,263.24 tons of PCS coupled with the installation of the PACW
engineering control and a soil gas/moisture barrier engineering control beneath the Building A
foundation on the Property. No PCS or PCGW remains on the Property. This Covenant is
required because engineering controls in the form of a PACW and a soil gas/moisture barrier
beneath the Building A foundation remain after the completion of the remedial actions. In addition,
the PCS and PCGW originating from the Shell Site source property that remains beneath the Right-
of-Way Property are located within the 30-foot lateral inclusion zone of the Property as illustrated
in Exhibits B and C. Institutional controls for the Property include (i) containment and treatment
of the residual PCGW behind the PACW located north of the Property boundary and beneath the
Right-of-Way Property and containment of petroleum vapors under the Building A foundation
beneath a soil gas/moisture barrier that remains after the cleanup action; (ii) inspections and
maintenance of the Building A foundation and the PACW and Cap located on a portion of the
Right-of-Way Property extending approximately 220 feet east to west and 30 inches north to south
on the Right-of-Way Property; and (iii) vapor and groundwater confirmation monitoring to ensure
the long-term effectiveness of the remedial action to protect human health and the environment.
Specifically, the following principal contaminants originating from the Shell Site source property
remain north of the property boundary beneath the Right-of-Way Property after the Meeker
Property cleanup action implementation:
Medium Principal Contaminants Present
Soil
Residual total petroleum hydrocarbons as gasoline (TPH-g) and
associated benzene, toluene, ethylbenzene, total xylenes,
(BTEX) and naphthalene.
Groundwater
Residual total petroleum hydrocarbons as gasoline (TPH-g),
benzene, toluene, ethylbenzene, total xylenes (BTEX), and
naphthalene.
Air/Vapor
Residual total petroleum hydrocarbon concentrations of
benzene, ethylbenzene, o-xylene, naphthalene, and air-phase
petroleum hydrocarbons
d.It is the purpose of this Covenant to restrict certain activities and uses of the Property and
the Right-of-Way Property to protect human health and the environment and the integrity of
remedial actions conducted at the site. Records describing the extent of residual contamination and
remedial actions conducted are available through PLIA.
e.This Covenant grants PLIA certain rights under UECA and as specified in this Covenant.
As a Holder of this Covenant under UECA, PLIA has an interest in real property, however, this is
not an ownership interest which equates to liability under MTCA or the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. The rights of
PLIA as an “agency” under UECA, other than its right as a holder, are not an interest in real
property.
8.G.a
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COVENANT
G/R Meeker Street LLC (“Owner”) as fee simple owner of the Property hereby grants to
the Washington State Pollution Liability Insurance Agency (“PLIA”), and its successors and
assignees, the covenants contained herein. The City of Kent (“City”) as fee simple owner of the
Right-of-Way Property hereby grants to PLIA and its successors and assigns the limited covenants
contained herein as they pertain to the portions of the Right-of-Way Property extending
approximately 220 feet east to west and 30 inches north to south on the Right-of-Way Property.
It is the intent of the Owner that such covenants shall supersede any prior interests the
Owner has in the Property and run with the land and be binding on all current and future owners
of any portion of, or interest in, the Property.
Section 1. General Restrictions and Requirements.
The following general restrictions and requirements shall apply to the portions of the Property and
the Right-of-Way Property, including the sidewalk, that extends approximately 220 feet east to
west and 30 inches north to south on the ROW.
a. Interference with Remedial Action. Owner shall not engage in any activity on the
Property that may impact or interfere with the remedial action and any operation, maintenance,
inspection or monitoring of that remedial action without prior written approval from PLIA. The
City shall not engage in any activity on the portions of the Right-of-Way Property, including the
sidewalk, that extends approximately 220 feet east to west and 30 inches north to south on the
Right-of-Way Property that may impact or interfere with the operation, maintenance, or
monitoring of the PACW and Cap without prior written approval from PLIA.
b. Protection of Human Health and the Environment. Owner shall not engage in any
activity on the Property that may threaten continued protection of human health or the environment
without prior written approval from PLIA. This includes, but is not limited to, any activity that
results in the release of residual contamination that was contained as a part of the remedial action
or that exacerbates or creates a new exposure to residual contamination remaining on the Property.
c. Continued Compliance Required. Owner shall not convey any interest in any portion of
the Property, excluding residential leases, without providing for the continued adequate and
complete operation, maintenance, and monitoring of remedial actions and continued compliance
with this Covenant.
d. Leases. Owner shall restrict any non-residential lease for any portion of the Property to
uses and activities consistent with this Covenant and notify all non-residential lessees of the
restrictions on the use of the Property.
e. Preservation of Reference Monuments. Owner and City shall make a good faith effort
to preserve any reference monuments and boundary markers used to define the areal extent of
coverage of this Covenant. Should a monument or marker be damaged or destroyed, Owner shall
have it replaced by a licensed professional surveyor within 30 days of discovery of the damage or
destruction.
8.G.a
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Section 2. Specific Prohibitions and Requirements.
In addition to the general restrictions in Section 1 of this Covenant, the following additional
specific restrictions and requirements shall apply to the Property.
a. Containment of Soil/Waste Materials.
The remedial action for the Property is based on the use of engineering controls in the form of a soil
gas/moisture barrier beneath the Building A foundation that remains after the cleanup action and a
PACW to contain and treat residual PCGW migrating from the north (from the Shell Site source
property and beneath the Right-of-Way Property) as illustrated in Exhibits B and C. The PACW is
located beneath the Cap. The Cap and PACW are located within the Right-of-Way Property, beneath
the sidewalk, along the northern boundary of the Property extending approximately 200 feet east to
west and 30 inches north to south. The primary purpose of the Cap is to restrict access to the PACW.
The Property Building A foundation includes a soil gas/moisture barrier for vapor control to contain
soil gas that could migrate to the Property from the PCS and PCGW remaining beneath the Right-
of-Way Property after the cleanup action. As such, the following restrictions shall apply within the
restricted areas illustrated in Exhibit C:
1. Any activity on the portions of the Right-of-Way Property that may impact or interfere with
the operation, maintenance, or monitoring of the PACW and Cap, including drilling;
digging; piercing the Cap with a sampling device, post, stake, or similar device; grading;
excavation; installation of underground utilities; removal of the Cap; or application of loads in
excess of the Cap load-bearing capacity, is prohibited without prior written approval by PLIA.
Owner and/or City shall report to PLIA within forty-eight (48) hours of the discovery of any
damage to the Cap. Unless an alternative plan has been approved by PLIA in writing, Owner
and/or City shall promptly repair the damage and submit a report documenting this work to
PLIA within thirty (30) days of completing the repairs.
Owner covenants and agrees that it or its representatives shall conduct inspections and
repair/maintenance of the PACW and Cap or beneath the Building A concrete foundation
using the PLIA-approved Inspection Checklist incorporated by reference as Enclosure D to
the cross referenced PLIA-issued Property NFA Letter dated __________________. Owner
shall obtain any necessary permits from the City to conduct these inspections and
repair/maintenance.
b. Stormwater facilities.
To minimize the potential for mobilization of contaminants remaining in the soil and groundwater
north of the PACW, no stormwater infiltration facilities or ponds shall be constructed on the Property
within the stormwater infiltration restriction area (“Restricted Area” as illustrated on Exhibit C,
Figure C). All stormwater catch basins, conveyance systems, and other appurtenances located within
the Restricted Area shall be of watertight construction.
c. Groundwater use.
The groundwater beneath the Restricted Area of the Property illustrated in Exhibit C remains under
active treatment and shall not be extracted for any purpose other than temporary construction
dewatering, investigation, monitoring, or remediation. Drilling of a well within the Restricted Area for
any water supply purpose is strictly prohibited. Groundwater extracted from within the Restricted Area
of the Property for any purpose shall be considered potentially contaminated and any discharge of this
water shall be done in accordance with state and federal law.
8.G.a
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d. Monitoring.
Groundwater monitoring wells are located on the Property to monitor the performance of the PACW
groundwater treatment system. Owner shall maintain clear access to these monitoring wells and protect
them from damage. Owner shall report to PLIA within forty-eight (48) hours of the discovery of any
damage to any monitoring well. Unless PLIA approves of an alternative plan in writing, Owner shall
promptly repair the damage and submit a report documenting this work to PLIA within thirty (30) days
of completing the repairs.
Owner covenants and agrees that it shall conduct inspection and repair of the damaged groundwater
monitoring wells located at the Property as depicted in Exhibits B and C and conduct groundwater
compliance monitoring as outlined in the PLIA-approved Groundwater and Vapor Confirmation
Monitoring and Contingency Work Plan incorporated by reference as Enclosure E in the cross
referenced PLIA-issued Property NFA Letter dated ________________.
e. Vapor/gas controls.
The residual PCS and PCGW remaining beneath the Right-of-Way Property is within the lateral
inclusion zone of 30 feet from the perimeter of Building A on the Property. The residual PCS and
PCGW include volatile constituents that may generate vapors that may pose a threat to Building A
indoor air. The Building A foundation consists of a soil gas/moisture barrier engineering control. As
such, the following restrictions shall apply on the Property to minimize the potential for exposure to
these vapors:
1. No drilling; digging; piercing the concrete cap that make up the vapor engineering control with
sampling device, post, stake, or similar device; grading; excavation; installation of
underground utilities; removal of the foundation cap; or application of loads in excess of the
cap load bearing capacity, is prohibited without prior written approval by PLIA.
2. No additional buildings or other enclosed structures shall be constructed on the Property within
the vapor inclusion zone depicted on Exhibit C (“Vapor Inclusion Zone”) unless approved by
PLIA.
3. If a building or other enclosed structure is approved within the Vapor Inclusion Zone, it shall
be constructed with a sealed foundation and a vapor control system that is operated and
maintained to prevent the migration of vapors into the building or struc ture, unless an
alternative approach is approved by PLIA.
Owner covenants and agrees that it or its representative shall conduct inspections and
maintenance of the Building A foundation using the PLIA-approved Inspection Check List and
conduct shallow soil gas monitoring and reporting as outlined in the PLIA-approved
Groundwater and Vapor Confirmation Monitoring and Contingency Work Plan incorporated
by reference as Enclosures D and E, respectively, in the cross-referenced PLIA-issued Property
NFA Letter dated ______________________.
8.G.a
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Section 3. Access.
a. Owner shall maintain clear access to all remedial action components necessary to construct,
operate, inspect, monitor, and maintain the remedial action. City shall allow access to the portion
of the PACW and Cap located on the Right-of-Way Property.
b. Owner freely and voluntarily grants PLIA and its authorized representatives, upon
reasonable notice, the right to enter the Property at reasonable times to evaluate the effectiveness
of this Covenant and associated remedial actions, and enforce compliance with this Covenant and
those actions, including the right to take samples, inspect any remedial actions conducted on the
Property, and to inspect related records. City freely and voluntarily grants PLIA and its authorized
representatives, upon reasonable notice, the right to enter the Right-of-Way Property to evaluate
the condition of the PACW and Cap.
c. No right of access or use by a third party to any portion of the Property or the Right-of-Way
Property is conveyed by this instrument.
Section 4. Notice Requirements.
a. Conveyance of Any Interest. Owner, when conveying any interest in the Property other
than the lease of individual units within the improvements constructed on the Property, including
but not limited to title, easement, long-term ground leases, and security or other interests must:
i. Provide written notice to PLIA of the intended conveyance at least thirty (30) days in
advance of the conveyance.
ii. Include in the conveying document a notice in substantially the following form, as well
as a complete copy of this Covenant:
NOTICE: THIS PROPERTY IS SUBJECT TO AN ENVIRONMENTAL
COVENANT GRANTED TO THE WASHINGTON STATE POLLUTION
LIABILITY INSURANCE AGENCY ON _____________, 2021 AND
RECORDED WITH THE KING COUNTY AUDITOR UNDER RECORDING
NUMBER _____________________. USES AND ACTIVITIES ON THIS
PROPERTY MUST COMPLY WITH THAT COVENANT, A COMPLETE
COPY OF WHICH IS ATTACHED TO THIS DOCUMENT.
iii. Unless otherwise agreed to in writing by PLIA, provide PLIA with a complete copy of
the executed document within thirty (30) days of the date of execution of such
document.
b. Reporting Violations. Should Owner become aware of any violation of this Covenant,
Owner shall promptly report such violation in writing to PLIA.
c. Emergencies. For any emergency or significant change in site conditions due to Acts of
Nature (for example, flood or fire) resulting in a violation of this Covenant, Owner is authorized
to respond to such an event in accordance with state and federal law. Owner must notify PLIA in
writing of the event and response actions planned or taken as soon as practical but no later than
within 24 hours of the discovery of the event.
8.G.a
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d. Notification Procedure. Any required written notice, approval, reporting or other
communication shall be personally delivered or sent by first class mail to the following persons.
Any change in this contact information shall be submitted in writing to all parties to this Covenant.
Upon mutual agreement of the parties to this Covenant, an alternative to personal delivery or first-
class mail, such as e-mail or other electronic means, may be used for these communications.
G/R Meeker Street LLC
c/o Goodman Real Estate, Inc.
2801 Alaskan Way, Suite 310
Seattle, Washington 98121
Attn: George Petrie
and:
Stoel Rives LLP
600 University Street, Suite 3600
Seattle, Washington 98101
Attn: Alexandra Kleeman
Justin Woerth
Hydrogeologist II
State of Washington Pollution Liability
Insurance Agency
PO Box 40930
Olympia, WA 98504–0930
(800) 822-3905
www.plia.wa.gov
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, Washington 98032
and:
Law Department
220 Fourth Avenue South
Kent, Washington 98032
Section 5. Modification or Termination.
a. Owner must provide written notice and obtain approval from PLIA at least sixty (60)
days in advance of any proposed activity or use of the Property in a manner that is inconsistent
with this Covenant. For any proposal that is inconsistent with this Covenant and permanently
modifies an activity or use restriction at the site:
i. PLIA must issue a public notice and provide an opportunity for the public to
comment on the proposal; and
ii. If PLIA approves of the proposal, the Covenant must be amended to reflect the
change before the activity or use can proceed.
8.G.a
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b. If the conditions at the site requiring a Covenant have changed or no longer exist, then
Owner or City may submit a request to PLIA that this Covenant be amended or terminated. Any
amendment or termination of this Covenant must follow the procedures in MTCA and UECA and
any rules promulgated under these chapters.
Section 6. Enforcement and Construction.
a. This Covenant is being freely and voluntarily granted by Owner and City.
b. Within ten (10) days of execution of this Covenant, Owner shall provide PLIA with an
original signed Covenant and proof of recording and a copy of the Covenant and proof of recording
to others required by RCW 64.70.070.
c. PLIA shall be entitled to enforce the terms of this Covenant by resort to specific
performance or legal process. All remedies available in this Covenant shall be in addition to any
and all remedies at law or in equity, including MTCA and UECA. Enforcement of the terms of
this Covenant shall be at the discretion of PLIA, and any forbearance, delay or omission to exercise
its rights under this Covenant in the event of a breach of any term of this Covenant is not a waiver
by PLIA of that term or of any subsequent breach of that term, or any other term in this Covenant,
or of any rights of PLA under this Covenant.
d. Owner shall be responsible for all costs associated with implementation of this Covenant.
Furthermore, Owner, upon request by PLIA, shall be obligated to pay for PLIA’s costs to process
a request for any modification or termination of this Covenant and any approval required by this
Covenant.
e. This Covenant shall be liberally construed to meet the intent of MTCA and UECA.
f. The provisions of this Covenant shall be severable. If any provision in this Covenant or its
application to any person or circumstance is held invalid, the remainder of this Covenant or its
application to any person or circumstance is not affected and shall continue in full force and effect
as though such void provision had not been contained herein.
g. A heading used at the beginning of any section or paragraph or exhibit of this Covenant
may be used to aid in the interpretation of that section or paragraph or exhibit but does not override
the specific requirements in that section or paragraph.
[signature page follows]
8.G.a
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The undersigned Owner warrants it holds the title to the Property and has authority to execute
this Covenant.
EXECUTED this ______ day of __________________, 2021.
____________ [SIGNATURE] ___________
by: ________ [PRINTED NAME] _________
Title: ______________________________
The undersigned City warrants it holds the title to the Right-of-Way Property and has authority to
execute this Covenant.
EXECUTED this ______ day of __________________, 2021.
____________ [SIGNATURE] ___________
by: ________ [PRINTED NAME] _________
Title: ______________________________
8.G.a
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---------------------------------------------------------------------------------------------------------------------
REPRESENTATIVE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
On this day of , 20__, I certify that
personally appeared before me, acknowledged that he/she signed this instrument, on oath stated
that he/she was authorized to execute this instrument, and acknowledged it as the
_________________________ [TYPE OF AUTHORITY] of G/R MEEKER STREET LLC, a
Washington limited liability company, to be the free and voluntary act and deed of such party for
the uses and purposes mentioned in the instrument.
__________________________________________
Notary Public in and for the State of Washington
Residing at ________________________________
My appointment expires _____________________
REPRESENTATIVE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
On this day of , 20__, I certify that
personally appeared before me, acknowledged that he/she signed this instrument, on oath stated
that he/she was authorized to execute this instrument, and acknowledged it as the
_________________________ [TYPE OF AUTHORITY] of CITY OF KENT, a Washington
municipal corporation, to be the free and voluntary act and deed of such party for the uses and
purposes mentioned in the instrument.
__________________________________________
Notary Public in and for the State of Washington
Residing at ________________________________
My appointment expires _____________________
8.G.a
Packet Pg. 132 Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
PLIA Form No. 01-2018-10
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The Pollution Liability Insurance Agency, hereby accepts the status as GRANTEE and
HOLDER of the above Environmental Covenant.
STATE OF WASHINGTON
POLLUTION LIABILITY INSURANCE AGENCY
_______________________
By: Russell E. Olsen, MPA
Title: Executive Director
Dated: _____________________________
STATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
On this day of , 20__, I certify that ___________________________
personally appeared before me, acknowledged that he/she is the
of the state agency that executed the within and foregoing instrument, and signed said instrument by
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that
he/she was authorized to execute said instrument for said state agency.
__________________________________________
Notary Public in and for the State of Washington
Residing at ________________________________
My appointment expires ______________________
8.G.a
Packet Pg. 133 Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
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Exhibit A
LEGAL DESCRIPTION
8.G.a
Packet Pg. 134 Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
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Exhibit A
8.G.a
Packet Pg. 135 Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
PLIA Form No. 01-2018-10
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Exhibit B
PROPERTY MAP
8.G.a
Packet Pg. 136 Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSS
SSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSMP-MW02MP-MW01B-2PP06PP09PP02PP05PP01PP03PP08PP07PP041637 WESTMEEKER STREETPARCEL:2322049061PARCEL: 2322049062QUALITY INNPARCEL: 2322049068TAVERN1617 WEST MEEKERSTREETPARCEL: 23220490601605 WEST MEEKERSTREETPARCEL: 2322049059RETAIL BUILDING1601 WEST MEEKER STREETPARCEL: 2322049089CAR WASH1529 WEST MEEKER STREETPARCEL: 23220490731513 WEST MEEKER STREETPARCEL: 2322049069LAKESIDE CENTER1529 WEST MEEKER STREETPARCEL: 2322049001PARCEL: 5436200566WEST MEEKER STREET64TH AVENUE SOUTH
KENT ELEMENTARY SCHOOLPARCEL: 5436200660PARCEL: 5436200580RIVERWOOD APARTMENTS SHELL PROPERTYBUILDING ABUILDING BBUILDING DBUILDING CBUILDING EBUILDING FAPPROXIMATE LOCATION OF UNDERGROUNDPERMANENT STORMWATER RETENTION SYSTEMRIVERWOOD APARTMENTSAI-2RW-7RW-6RW-5MW-11MW-21MW-22*MW-5MW-4MW-3MW-2RMW-4RMW-1RMW-3MW-27*MW-24*MW-16MW-17MW-18MW-6MW-28MW-29B-2B-3B-4B-5B-6B-7B-9B-10B-11B-12B-13B-1B-8MW-25MW-19MW-1RW-10MW-10RW-8RW-9LNAPL PRESENTCURRENT UNION 76GASOLINE STATIONFORMERSERVICESTATIONB-5PARCEL: 2322049034B-2SMP-MW01SMP-MW01DB-2DMEEKER PROPERTYKING COUNTY TAX PARCEL 232204903424615 64TH AVENUE SOUTHKENT, WASHINGTONSOUNDEARTH PROJECT #0432-079-03WWW.SOUNDEARTHINC.COMP:\0432 GOODMAN REAL ESTATE\0432-079 MEEKER SITE\TECHNICAL\CAD\2021\0432-079_2021_FIG-2 - PP.DWG 7/15/2021
PROPERTY PLANFIGURE 2LEGENDMW-25RW-10APPROXIMATE SCALE IN FEETN040 80EXISTING MONITORING WELL(APPROXIMATE LOCATIONS;*ESTIMATED LOCATIONS OF WELLS MW-22,MW-24, AND MW-27 ARE BASED ON FIELDOBSERVATIONS MADE ON 09/20/19)DECOMMISSIONED/ABANDONEDMONITORING WELLDECOMMISSIONED RECOVERY WELLRECOVERY WELL BY OTHERES(APPROXIMATE LOCATIONS)APPROXIMATE SOIL BORING LOCATION(AECOM, JUNE 2018)JUNE 2019 SOIL BORING LOCATION(SOUNDEARTH 2019)WASHINGTON STATE MODEL TOXICSCONTROL ACTLIGHT NONAQUEOUS-PHASE LIQUIDGROUNDWATER FLOW DIRECTION(AECOM, AUGUST 2016)PP09APPROXIMATE EXTENT OF 2019REMEDIAL EXCAVATIONSEWER MANHOLESANITARY SEWER LINEPARCEL BOUNDARYCONCEPTUAL BUILDING FOOTPRINTFORMER PROPERTY BOUNDARY (PRE-2019)PROPERTY BOUNDARYMTCALNAPLSSB-138.G.aPacket Pg. 137Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
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Exhibit C
MAPS ILLUSTRATING LOCATION OF RESTRICTIONS
8.G.a
Packet Pg. 138 Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
SEWER LINE TO BE TEMPORARILY REMOVEDTO ALLOW FOR INSTALLATION OFPERMEABLE ACTIVATED CARBON WALLSEWERSEWERSEWER LINENOT INSTALLEDSEWER LINEPERMEABLE ACTIVATED CARBONWALL INSTALLED USING 30"DIAMETER CASINGSS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
SSSSSSSSSSSSSSSSSSSSSS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
MW-21MW-27RMW-1RMW-3MW-22MW-24MW-28IW10IW09IW08IW05IW03IW06IW07IW01MP-MW02MW-5B-2SMP-MW01SMP-MW01DMP-MW03B-2DA'AB'BIW04IW02SSG01SSG020 20 40 80
7/13/2021P:\0432 GOODMAN REAL ESTATE\0432-079 MEEKER SITE\TECHNICAL\CAD\2021\2021_ENVIRONMENTAL COVENANT\0432-079_2021_FIG-A - C.DWG
SOUNDEARTHINC.COM WWW.SOUNDEARTHINC.COM#DATEDATE:
DRAWN BY:
CHECKED BY:
CAD FILE:
PROJECT NAME:
PROJECT NUMBER:
STREET ADDRESS:
CITY, STATE:
WEST MEEKER STREET AND
64TH AVENUE SOUTH
0432-079
MEEKER PROPERTY
JME
SPA
07/08/2021
APPROXIMATE SCALE IN FEET
FIGURE A
PERMEABLE ACTIVATED CARBON WALL LAYOUTFIGUREA1 OF 4LEGENDPROPERTY BOUNDARYFORMER PROPERTY BOUNDARYPERMEABLE ACTIVATED CARBON WALLCROSS SECTION LOCATIONUTILITYAPPROXIMATE MONITORING WELL LOCATIONAPPROXIMATE DECOMMISSIONED/ABANDONEDMONITORING WELL LOCATIONCARBON INJECTION WELL LCOATIONSOIL GAS POINT LOCATIONAREA SUBJECT TO AN ENVIRONMENTALCOVENANTSSNKENT, WASHINGTONIW100432-079_2021_FIG-A - CSSG02
8.G.aPacket Pg. 139Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
SEWER LINE TO BE TEMPORARILY REMOVEDTO ALLOW FOR INSTALLATION OFPERMEABLE ACTIVATED CARBON WALLSEWERSEWERSEWER LINENOT INSTALLEDSEWER LINEPERMEABLE ACTIVATED CARBONWALL INSTALLED USING 30"DIAMETER CASINGSS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
SSSSSSSSSSSSSSSSSSSSSS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
MW-21MW-27RMW-1RMW-3MW-22MW-24MW-28IW10IW09IW08IW05IW03IW06IW07IW01MP-MW02MW-5B-2SMP-MW01SMP-MW01DMP-MW03B-2DA'AB'BIW04IW02SSG01SSG020 20 40 80
7/13/2021P:\0432 GOODMAN REAL ESTATE\0432-079 MEEKER SITE\TECHNICAL\CAD\2021\2021_ENVIRONMENTAL COVENANT\0432-079_2021_FIG-A - C.DWG
SOUNDEARTHINC.COM WWW.SOUNDEARTHINC.COM#DATEDATE:
DRAWN BY:
CHECKED BY:
CAD FILE:
PROJECT NAME:
PROJECT NUMBER:
STREET ADDRESS:
CITY, STATE:
WEST MEEKER STREET AND
64TH AVENUE SOUTH
0432-079
MEEKER PROPERTY
JME
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07/08/2021
APPROXIMATE SCALE IN FEET
FIGURE B
MEEKER PROPERTY PETROLEUM VAPOR INCLUSION ZONEFIGUREB2 OF 4NKENT, WASHINGTON
0432-079_2021_FIG-A - CLEGENDPROPERTY BOUNDARYFORMER PROPERTY BOUNDARYPERMEABLE ACTIVATED CARBON WALLCROSS SECTION LOCATIONUTILITYAPPROXIMATE MONITORING WELL LOCATIONAPPROXIMATE DECOMMISSIONED/ABANDONEDMONITORING WELL LOCATIONCARBON INJECTION WELL LCOATIONSOIL GAS POINT LOCATIONAREA SUBJECT TO AN ENVIRONMENTAL COVENANTPETROLEUM VAPOR INCLUSION ZONESSIW10SSG028.G.aPacket Pg. 140Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
SEWER LINE TO BE TEMPORARILY REMOVEDTO ALLOW FOR INSTALLATION OFPERMEABLE ACTIVATED CARBON WALLSEWERSEWERSEWER LINENOT INSTALLEDSEWER LINEPERMEABLE ACTIVATED CARBONWALL INSTALLED USING 30"DIAMETER CASINGSS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
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MW-21MW-27RMW-1RMW-3MW-22MW-24MW-28IW10IW09IW08IW05IW03IW06IW07IW01MP-MW02MW-5B-2SMP-MW01SMP-MW01DMP-MW03B-2DA'AB'BIW04IW02SSG01SSG020 20 40 80
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SOUNDEARTHINC.COM WWW.SOUNDEARTHINC.COM#DATEDATE:
DRAWN BY:
CHECKED BY:
CAD FILE:
PROJECT NAME:
PROJECT NUMBER:
STREET ADDRESS:
CITY, STATE:
WEST MEEKER STREET AND
64TH AVENUE SOUTH
0432-079
MEEKER PROPERTY
JME
SPA
07/08/2021
APPROXIMATE SCALE IN FEET
FIGURE C
MEEKER PROPERTY STORMWATER INFILTRATION
AND GROUNDWATER RESTRICTION AREAFIGUREC3 OF 4NKENT, WASHINGTON
0432-079_2021_FIG-A - CLEGENDPROPERTY BOUNDARYFORMER PROPERTY BOUNDARYPERMEABLE ACTIVATED CARBON WALLCROSS SECTION LOCATIONUTILITYAPPROXIMATE MONITORING WELL LOCATIONAPPROXIMATE DECOMMISSIONED/ABANDONEDMONITORING WELL LOCATIONCARBON INJECTION WELL LCOATIONSOIL GAS POINT LOCATIONAREA SUBJECT TO AN ENVIRONMENTAL COVENANTMEEKER PROPERTY STORMWATER INFILTRATIONAND GROUNDWATER RESTRICTION AREASSIW10SSG028.G.aPacket Pg. 141Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
FEET BELOW GROUND SURFACE 0'20'10'0'20'10'A30'30'FEET BELOW GROUND SURFACE SOUTHA'NORTHFORMERPROPERTY BOUNDARYWESTMEEKERSTREET35'35'CURRENTPROPERTY BOUNDARYPACW
BUILDING ASMSMSMMLMLSP?UTILITIES(APPROXIMATE)CDF B-2S AND MP-MW01-SB-2D AND MP-MW01-D(IN EAST-WEST ALIGNMENTWITH B-2S AND MP-MW01-S)FEET BELOW GROUND SURFACE 0'20'10'0'20'10'B30'30'FEET BELOW GROUND SURFACE EASTB'WEST35'35'30"6" OVERLAPBETWEEN SHAFTSCDFPACWPACWCDFSPSPB-2SB-2D
MP-MW01-D
MP-MW01-S
LEGENDAPPROXIMATE DEPTH TOGROUNDWATER (APRIL 2019)CONTROLLED DENSITY FILLWASHINGTON STATE MODELTOXICS CONTROL ACTPETROLEUM-CONTAMINATED SOIL(CONCENTRATIONS OF PETROLEUMHYDROCARBONS ABOVE MTCAMETHOD A CLEANUP LEVEL)PERMEABLE ACTIVATED CARBONWALLESTIMATED EXTENT OF PCS BENEATHTHE WEST MEEKER STREETRIGHT-OF-WAYCONTROLLED DENSITY FILL (CDF)SAND/ACTIVATED CARBON MIXTURESPSAND OR SILTY SANDSMSILTY SANDMLSILTFILLIMPORTED FILLCDFMTCAPCSPACW5 10APPROXIMATE SCALE IN FEET0 5 10
MONITORING WELLSCREENED INTERVALMP-MW01S
0 20 40 80
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SOUNDEARTHINC.COM WWW.SOUNDEARTHINC.COM#DATEDATE:
DRAWN BY:
CHECKED BY:
CAD FILE:
PROJECT NAME:
PROJECT NUMBER:
STREET ADDRESS:
CITY, STATE:
WEST MEEKER STREET AND
64TH AVENUE SOUTH
KENT, WASHINGTON
0432-079
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JME
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APPROXIMATE SCALE IN FEET
FIGURE D
CROSS SECTIONS: PERMEABLE ACTIVATED CARBON WALL AND
MONITORING WELLS LAYOUTFIGUREDKENT, WASHINGTON
0432-079_2021_FIG-D - SCTN_EN
8.G.aPacket Pg. 142Attachment: Meeker Environmental Covenant (2854 : Environmental Covenant with State of Washington, Pollution Liability Insurance Agency &
DATE: October 5, 2021
TO: Kent City Council
SUBJECT: Kent Police Headquarters Renovation Project Bid - Award
MOTION: I move to award the Kent Police Headquarters Renovation
Project to Christensen Inc., General Contractor in an amount not to exceed
$700,236.00 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 is for additions and renovations to the interior space at the
Kent Police Station Headquarters. The contractor will construct an addition to the
staff breakroom, including an exterior covered meeting space, conversion of the
existing men’s locker room into a training room, relocation of the locker room
function to existing second floor storage room and add three new showers in the
men’s restroom.
The Bid opening for the Kent Police Headquarters Renovation Project was held on
September 21, 2021 with six bids received. The lowest responsible and responsive
bid was submitted by Christensen, Inc., General Contractor in the amount of
$636,000 which does not include Washington State Sales Tax.
Bid Tab Summary
1. Christensen, Inc., General Contractor $636,000.00
2. Moon Construction Company $759,580.00
3. A to B Builders, LLC. $777,960.00
4. Regency Northwest Construction, LLC $778,000.00
5. EMtech, LLC $998,000.00
6. Optimus Construction & Development Inc. $999,000.00
Engineers Estimate: $650,000 to $750,000
BUDGET IMPACT: Project funded through the City’s Capital Resources Fund.
ATTACHMENTS:
1. Agreement with Christensen for Police HQ Renovation (PDF)
10.A
Packet Pg. 143
PUBLIC WORKS AGREEMENT - 1
(Over $20K with Performance Bond)
PUBLIC WORKS AGREEMENT
between City of Kent and
Christensen, Inc., General Contractor
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Christensen, Inc., General Contractor, organized under the laws of the State of
Washington, located, and doing business at 2840 Crites St. SW, Suite 100, Tumwater, WA 98512, (360)
709-0330, Kevin Christensen, (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Christensen, Inc., General contractor, shall provide all labor and materials to remodel the
existing City of Kent Police Headquarters Building located at 232 4th Ave. South, Kent, WA
98032. The scope of work includes converting the current men's locker room into a training
room, relocation of the locker room function to existing second floor storage room and adding
three (3) new men's showers in the men's restroom. This project also consists of an addition
to the staff breakroom at the NE corner of the building and an exterior covered meeting space,
in accordance with the contractor's bid, which is attached and incorporated as Exhibit A.
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
time such services are performed.
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 by March 15, 2022. The term of this
Agreement shall continue until all work has been completed, final acceptance has occurred, and all
Contractor obligations have been fulfilled.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
$700,236.00, including any applicable Washington State Sales Tax, for the work and services contemplated
in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the
work described in the invoice that has been completed by the Contractor and approved by the City. The
City’s payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the
project.
Card Payment Program. The Contractor 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 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.
10.A.a
Packet Pg. 144 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
PUBLIC WORKS AGREEMENT - 2
(Over $20K with Performance Bond)
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor,
shall provide the City a payment and performance bond for the full contract amount.
B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of
any and all payments made to the Contractor for a period of sixty (60) days after the
date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue, the State Department of Labor & Industries, and the State
Employment Security Department, and until settlement of any liens filed under
Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund
by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the
Contractor within fourteen (14) calendar days of the Contractor’s signature on the
Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment from
the Contractor for any defective or unauthorized work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the
requirements of this Agreement; and extra work and materials furnished without the
City’s written approval. If the Contractor is unable, for any reason, to satisfactorily
complete any portion of the work, the City may complete the work by contract or
otherwise, and 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
specified above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due or to
become due the Contractor.
D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF
CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE
AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which the
Contractor’s services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Contractor’s services and is a service other than that furnished by the
City, or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Contractor’s business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
10.A.a
Packet Pg. 145 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
PUBLIC WORKS AGREEMENT - 3
(Over $20K with Performance Bond)
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall
include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor’s failure to complete the work within the time specified in this
Agreement.
C. The Contractor’s failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor’s breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further
money due under this Agreement until the Contract work is completed. After termination, the City may
take possession of all records and data within the Contractor’s possession pertaining to this project which
may be used by the City without restriction.
VI. PREVAILING WAGES. The Contractor shall file a “Statement of Intent to Pay Prevailing
Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract
work. 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
Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, 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
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,
the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with
the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change
order work upon receiving either a written change order from the City or an oral order from the City before
actually receiving the written change order. If the Contractor fails to require a change order within the time
specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the equitable
adjustment, the Contractor must complete the change order work; however, the Contractor may elect to
protest the adjustment as provided in subsections A through E of Section IX, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the
Contractor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any work,
either covered or affected by the change.
10.A.a
Packet Pg. 146 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
PUBLIC WORKS AGREEMENT - 4
(Over $20K with Performance Bond)
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
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
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
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
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.
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 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
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 Contractor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Contractor,
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
determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall
give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages,
additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall
be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in
strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
10.A.a
Packet Pg. 147 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
PUBLIC WORKS AGREEMENT - 5
(Over $20K with Performance Bond)
5. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE
THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE
FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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
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
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Contractor shall
pay all costs incurred by the City in order to accomplish the correction.
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
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates.
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
attached Compliance Statement.
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.
10.A.a
Packet Pg. 148 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
PUBLIC WORKS AGREEMENT - 6
(Over $20K with Performance Bond)
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.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials,
employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless,
and the Contractor’s liability accruing from that obligation shall be only to the extent of the Contractor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event 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
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
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Contractor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XVI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
10.A.a
Packet Pg. 149 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
PUBLIC WORKS AGREEMENT - 7
(Over $20K with Performance Bond)
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the
Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Contractor 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 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
City of Kent. As such, the Contractor 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, the
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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
10.A.a
Packet Pg. 150 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
PUBLIC WORKS AGREEMENT - 8
(Over $20K with Performance Bond)
its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to
have applied.
CONTRACTOR:
By: _______________________________
Print Name: _________________________
Its: _______________________________
DATE: _____________________________
CITY OF KENT:
By: _______________________________
Print Name: Dana Ralph ______________
Its: Mayor __________________
DATE: _____________________________
NOTICES TO BE SENT TO:
CONTRACTOR:
Kevin Christensen
Christensen, Inc., General Contractor
2840 Crites St SW, Suite 100
Tumwater, WA 98512
(360) 709-0330 (telephone)
(360) 709-0220 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Diana Lazouski
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5083 (telephone)
(253) 856-6080 (facsimile)
APPROVED AS TO FORM:
_________________________________________
Kent Law Department
ATTEST:
_________________________________________
Kent City Clerk
[In this field, you may enter the electronic filepath where the contract has been saved]
10.A.a
Packet Pg. 151 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
10.A.a
Packet Pg. 152 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
10.A.a
Packet Pg. 153 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
10.A.a
Packet Pg. 154 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
BIDDER RESPONSIBILITY CRITERIA - 1
BIDDER RESPONSIBILITY CRITERIA
Certification of Compliance with Wage Payment Statutes
This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City
before the contract can be awarded.
The bidder hereby certifies that, within the three-year period immediately preceding the bid
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.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
Insert Bidder's Business Name
By: __________________________________________
Signature of Authorized Official*
Printed Name: _________________________________
Title: ________________________________________
Date: ________________________________________
City and State: _________________________________
*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.
10.A.a
Packet Pg. 155 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
BIDS ACCEPTED UNTIL
September 2Lr 2O2L
11:OO A.M.
CITY OF KENT
KrNG COUNTY, WASHINGTON
Police Headquarters
Renovation
232 4th Ave. South, KENT WA
Project #FAC 21-01
BID DOCUMENT COVER SHEET
sEcTloN 00 0200
BID OPENING
September 2Lr 2O2l;
11:15 A.M.
DELIVER TO
crTY oF KENT, CrTY HALL
22O 4th Avenue S., Kent, WA 98032-5895
Nathen Harper
Project Coordinator
City of Kent Facilities / Parks Recreation & Community Services
KENT
WlsntNGToN
Bidders Name Christensen lnc. General Contractor
BID SET - AUGUST 2021 Page 1 of {
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Packet Pg. 156 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
,* ffifgr
Ctrristensen Inc.
GENERAL CONTRACTOR
z84o Crites St. SW, Suite roo Tumwater, WA 98512 36o-7o9-o33o FAX 36o-7o9-ozzo
e-mail prqiadmin@.sinsge. csm
Order of Contents - Police Headquarters Renovation Project # FAC 21-01
. Bid Cover Sheet
. Order of Contents
r Invitation to Bid
r lnformation for Bidders
o Contractors Qualification Statement
o Bidder's Checklist
. Proposal
. Subcontractor List
o Contractor Compliance Statement
. Declaration - City of Kent Equal Employment Opportunity Policy
. Administrative Policy
. Statement that Bidder Has Not Been Disqualified
. Certification of Compliance with Wage Payment Statutes
. Proposal Signature Page
. Bid Bond
. Combined Declaration Form
o Change Order Form
. Payment and Performance Bond
o Contract
o References
r Contractor Resume
10.A.a
Packet Pg. 157 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
INVITATION TO BID
sEcTloN 001000
INVITATION TO BID
Notice is hereby given that the City of Kent, Washington, will receive sealed bids at the City
Clerk's office tl"rrough Septembet 2!,2021 up to 11:0O a.m. as shown on the clock on the
east wall of the Citi Clerk's Office on the first floor of City Hall,22O 4th Avenue South, Kent,
Washington. All bids must be properly marked and sealed in accordance with this "Invitation to
Bid." Bids must be delivered and received at the City Clerk's office by the above-stated time,
regardless of delivery method, including U.S. Mail. All bids will be opened and read publicly aloud
immediately following 11:OO a.m. for the City of Kent project named as follows:
Kent Police Headquarters Renovation
Project Number: FAC 21-01
The City Clerk will read the bids out loud from the Clerk's office. Individuals can stand
in the lobby outside the Clerk's office during the bid.
Masks are required, regardless of vaccination status.
The project consists of the following work at the existing site of the City of Kent Police
Headquarters.. ADDITION TO THE STAFF BREAKROOM AT THE NORTHEAST CORNER OF BUILDING,
INCLUDING EXTERIOR COVERED PATIO.r CONVERSION OF EXISTING MEN'S LOCKER ROOM INTO TMINING ROOM.
. RELOCATION OF LOCKER FUNCTION TO EXISTING SECOND FLOOR STOMGE ROOM.
o PROVIDE (3) NEW SHOWERS IN MEN'S SHOWER.
Should a contract be exeuted, it is the contractor's responsibility to comply with all
COVID-19 workplace health and safety measures etablishd by the state Department
of Labor & lndustries or otherwise imposed by the Governor, the state Department of
Health, or the Local Health Officer of Seattle-King County Public Health, or subsequent
modifications to such health and safety measures as those authoritic:s may issue,
including providing all needed personal protective equipment.
The Engineer's estimated range for this project is approximately $650,000 to $750,000. Bid
documents are those prepared by Studio Meng Strazzara,2001 Western Avenue, Suite 200,
Seattle, WA 98121, and will be available beginning August 25th, zOZi.. Each bid shall be in
accordance with the plans and specifications and other contract documents, which are available
as follows:
r Digital plans and specifications in PDF format may be downloaded at no charge at
Ke ntWA. g ov/d oi n g - b u s i n ess/b i d s- p ro cu re m e n t.
. Hard copies'may be obtained by contacting ARC Document Solutions between the hours of
8:00 a.m. and 5:00 p.m. Contact information as follows:
Arc Document Solutions
2730 Occidental Ave S
Seattle, WA 98134
(206) 622-6000
E-mail : seattle. bid.services@e-arc.com
BID SET - AUGUST 2021 Page 1 of2
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10.A.a
Packet Pg. 158 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
INVITATION TO BID
sEcTloN 001000
. Bidding Documents are also available to members of Builders Exchange of Washington,
inc. (www.bxwa.com).
For technical questions about accessing the bid documents, contact Bryant Draper of Studio
Meng Strazzara at 206-587-3797 or Nathen Harper of Kent Capital Projects at 253-856-5082.
For project and design related questions, contact Bryant Draper of Studio Meng Strazzara at
206-587-3797.
A pre-bid conference and site walk-through will be held Thursday, September gth,2O2L, at
10:00 AM at Kent Police Headquarters, 2l24th Ave. S, Kent, WA 98032. The site walk-through
is not mandatory, but highly encouraged. Additional pre-bid walk-throughs of the subject areas
may be scheduled. Contact Nathen Harper, Facilities Capital Projects Manager for Kent, by
phone (253-856-5082) or e-mail (NHarper@kentwa.gov) to schedule an appointment.
Bids must be clearly marked *Bid" with the name of the project on the outside of the envelope,
addressed to the City Clerk,22O 4th Avenue South, Kent, WA 98032-5895. Only sealed bids will
be accepted. No facsimiles or electronic submittals will be considered.
Apprentice Utilization Requirements are mandatory for all public works expected to cost one
miilion dollars or more, in which case no less than Llo/o of the labor hours must be performed by
apprentices. KCC 6.01.030.
A cashier's check, cash or surety bond in the amount of 5olo of the bid must be included with the
bid.
The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates
or to waive any informalities in the bidding and shall determine which bid or bidders is the most
responsive, saiisfactory and responsible bidder and shall be the sole judge thereof. Note: The
award of the contract will not occur until the City of Kent has reviewed all bids for
responsiveness and responsibility determinations and the Kent City Council has formally
awarded the contract.
No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit
or as a defense to any action based upon the neglect or refusal to execute a contract.
Bidders must submit with their initial bid a signed statement as to whether they have previously
performed work subject to the President's Executive Order No. 11246'
No bidder may withdraw his/her bid for a period of sixty (60) days after the day of bid opening.
Dated this 20th day of August, AOZL.
BY
Kimberley , City Clerk
Published:
Daily Journal of Commerce on August 25th and September 1't
City of Kent We bsite (KentWA. g ov/doin g - business/b ids- procu reme nt)
BID SET - AUGUST 2021 Page 2 of 2
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10.A.a
Packet Pg. 159 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
INFOR MATION FOR BIDDERS
sEcTtoN 00 2000
1
SECTION OO 2OOO - INFORMATION FOR BIDDERS
Bidders shall be qualified by ability, experience, financing, equipment, and
organization to do the work called for in the Contract Documents, The City reserves
the right to take whatever action it deems necessary to ascertain the ability of the
Bidder to perform the work satisfactorily, This action includes the City's review of
the qualification information in the bid documents. The City will use this
qualification data in its decision to determine whether the lowest responsive bidder
is also responsible and able to perform the contract work. If the City determines
that the lowest bidder is not the lowest responsive and responsible bidder, the City
reserves its unqualified right to reject that bid and award the contract to the next
lowest bidder that the City, in its soled judgment, determines is also responsible
and able to perform the contract work (the "lowest responsive and responsible
bidderJ.
All blanks in the proposal forms must be appropriately filled in. Proposal must
contain original signature pages. Facsimiles are not acceptable and are considered
non-responsive submitta ls,
All bids must be sealed and delivered in accordance with the"Invitation to Bid," Bids
must be received at the City Clerk's office by the stated time, regardless of delivery
method, including U.S. Mail.
The City also reserves the right to include or omit any or all schedules or
alternates of the Proposal and will award the contract to the lowest responsive,
responsible bidder based on the total bid amount, including schedules or alternates
selected by the City. A bidder who wished to claim error after the Bids have been
opened and tabulated shall submit a notarized affidavit signed by the Bidder,
accompanied by originalwork sheets used in the preparation of the Bid, requesting
relief from the responsibilities of Award. The affidavit shall describe the specific
error(s) and certify that the work sheets are the originals used in the preparation
of the Bid. The affidavit and the work sheets shall be submitted to the Project
Manager no later than 5:00 p.m. on the first business day after Bid opening, or the
claim will not be considered. The Architect will review the certified work sheets to
determine validity of the claimed error and make a recommendation to the City. If
the City concurs in the claim of error, the Bidder will be relieved of responsibility,
and the Bid Deposit of the Bidder will be returned. Thereafter, at the discretion of
the City, all Bids may be rejected, or award made to the next lowest responsive,
responsible Bidder.
5. The form of contract that the successful bidder, as the Contractor, will be required
to execute, and the forms and the amount of surety bonds that it will be required to
BID SET - AUGUST 2021 Page I of 2
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Packet Pg. 160 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
INFORMATION FOR BIDDERS
sEcTloN 00 2000
furnish at the time of execution of the contract are included in the bid documents
and should be carefully examined, The contract and the Surety Bonds will be
executed in two (2) original counterparts.
Within 1O calendar days after the award date, the successful bidder shall return
the signed City prepared contract, insurance certification as required by the
contract, and a satisfactory bond as required by law. If the successful bidder fails
to provide these documents within the lo-day period, the City ffiaY, at its sole
discretion, reduce the time for completion of the contract work by one calendar
day for each calendar day after this lo-day period that the successful bidder fails
to provide all required documents.
Until the City executes a contract, no proposal shall bind the City nor shall any
work begin within the project limits orwithin City-furnished sites. The Contractor
shall bear all risks for any work begun outside such areas and for any materials
ordered before the contract is executed by the City.
No claim for delay shall be granted to the contractor due to his failure to submit the
required documents to the City in accordance with this schedule.
The "Payment and Performance Bond"shall remain in force for one year following
the Kent City Council "Final Acceptance Date" of the project to ensure defects are
corrected during the one-year guarantee period in compliance with WSDOT Section
1-05.10 (Guarantees), and the Performance Bond language of the contract.
Any decision made by the City regarding the award and execution of the contract
or bid rejection shall be conclusive subject to the scope of judicial review
permitted underWashington State Law. Such review, if any, shall be timely filed
in the Superior Court of King County, located in Kent, Washington.
The Contractor shall include all costs of doing the work within the bid item prices
In the contract plans, contract provisions, addenda, or any other part of the
contract require work that has no bid item price in the proposal form, the entire
cost of labor and material required to pedorm the work shall be incidental and
included with the bid item prices in the contract.
Refer to the insurance requirements in the project contract, which constitute the
Contractor's Insurance requirements for this project'
BID SET - AUGUST 2021 Page2ol2
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10.A.a
Packet Pg. 161 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CIry OF KENT - CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT
KENT POLICE HEADQUARTERS RENOVATION SECTION OO 33OO
SECTION O0 3300 - CONTRACTOR'SQUALIFICATION STATEMENT
(RCW 39.04.350)
TTIE CITY WILL REVIEW THE CONTRACTOR'S RESPO'VSES TO THIS FORM TO
DETERMINE W'IETHER THE BIDDING CONTR.ACTOR I's RESPOAISIBLE TO
PERFORM THE CONTRACT WORK. THIS FORM INCLUDES CRTTERIA
ESTABLISHED BY STATE LAW THAT MUST BE MET TO BE CONSIDERED A
RESPOAISIB LE BIDDER AND QUALIFIED TO BE AWARDED THIS PUBLIC
WORKS PROJECT AS WELL AS SIIPPLEMENTAL CRITERIA ESTABLISHED BY
THE CITY T'IAT ARE APPLICABLE TO THIS PUBLTC WORKS PROJECT.
THE BIDDER SHOULD READ AND RESPOAID TO THIS FORM CAREFULLY'
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 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 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 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.
Any bidder may make a formal written request to the city to modify the criteria set
fofth in this qualification statement, but that request may only be made within 48
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
modified criteria.
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
notice of its determination that will include the city's reason for its decision. The
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
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
BID SET - AUGUST 2021 Page 1 of7
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10.A.a
Packet Pg. 162 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CIry OF KENT - CAPITAL PROJECTS CONTRACTOR'S OUALIFICATION STATEMENT
KENT POLICE HEADQUARTERS RENOVATION SECTION OO 33OO
the single remedy of providing the city with additional information to be considered
before lhe 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
of any kind or nature is available to the bidding contractor if the City determines that
the bidder is not responsible to peform the contract work.
If the bidder fails to request a modification within the time allowed, or fails to appeal
a determination that the bidder is not responsible within the time allowed, the city
will make its determination of bidder responsibility based on the information
submitted.
COMPLETE AND slIGi'V THIS FORM AS PART OF YOUR BID, FAILURE TO
PROPERLY COMPLETE THIS FORM MAV ALSO RESULT IN A DETERMINATTON
THAT YOUR BID IS AIOAI-RESPOflSTYE AND THEREFORE VOID,
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENcES: CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION
OR MODIFICATION.
The undersigned certifies under oath that the information provided herein is true and
sufficiently complete so as not to be misleading.
SUBMITTED BY:
NAME:
ADDRESS:
Christensen lnc. G Contractor
Joe Presto
2840 Crites St SW Suite 100
Tumwater. WA 98512
PRINCIPAL OFFICE:
ADDRESS:
Tumwater.WA
2840 C Sf SW Suite 100
Tumwater WA 98512
PHONE:
FAX:
(360) 709-0330
(360)
BID SET - AUGUST 2021 Page 2 of 7
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10.A.a
Packet Pg. 163 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CIry OF KENT - CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT
KENT POLICE HEADQUARTERS RENOVATION SECTION OO 33OO
STATUTORY REQUIREMENTS - Pcr state law a biddcr mgef'mcct thc
following responsibility criteria
1. Required Responsibility Criteria
1.1 Provide a copy of your Department of Labor and Industries certificate
of registration in compliance with chapter t8.27 RCW.
Attached1.2 Provide your current state unified business identifier number.
601-546-7651.3 Provide proof of applicable industrial insurance coverage for your
employees working in Washington as required in Title 51 RCW,
together 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 requirements of this subsection.
L.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
been in the past three (3) years, disqualified from bidding on any public
works contract under RCW 39.06.010 or 39.12.065 (3).
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
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.
1.6 Provide proof that a designated person or persons with your company
has either received training from the department of labor and industries
or an approved training provider on the requirements related to public
works and prevailing wages under chapter 39.04 RCW and 39.L2 RCW or
provide proof that your company has completed three or more public
works projects and have had a valid business license in Washington for
three or more years and are exempt from this training requirement.
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10.A.a
Packet Pg. 164 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CIry OF KENT - CAPITAL PROJECTS CONTRACTOR'S OUALIFICATION STATEMENT
KENT POLICE HEADQUARTERS RENOVATION SECTION OO 33OO
SUPPLEMENTAL CRITERIA - Eetablished by the City to determine bidder
responsibility
2. ORGANIZATION
2.L How many years has your organization been in business as a Contractor?
27
2.2 How many years has your organization been in business under its
present business name?
272.2.L Under what other or former names has your organization
operated?
N/A2.3 If your organization is a corporation, answer the following:
2.3.1 Date of incorporation:61211994
2.3.2 State of incorporation: Washington
2.3.3 President'S name: Kevin Christensen
2.3,4 Vice-president's name(s): Reid Christensen and Colin Christensen
2.3.5 Secretary's name: Barbara Christensen
2.3.6 Treasurer's name:
2.4 If your organization is a paftnership, answer the following:
2,4.1 Date of organization:
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:
2.5,1 Date of organization:
2,5.2 Name of owner:
2.6 If the form of your organization is other than those listed above,
describe it and name the principals:
3. LICENSING
3.1 List jurisdictions and trade categories in which your organization is
legally qualified to do business, and indicate license numbers, if
applicable. Construction - License # CHRtSIGO66LB
9.2 List jurisdictions in which your organization's partnership or trade
name is filedgonstruction
BlD SET - AUGUST 2021 Page 4 of 7
provlded to Builders Exchange of WA, Inc, For usage Conditj-ons Aqreement see www.bxwa.com - Always Verify Scal
10.A.a
Packet Pg. 165 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CIry OF KENT. CAPITAL PROJECTS CONTRACTOR'S OUALIFICATION STATEMENT
KENT POLICE HEADQUARTERS RENOVATION SECTION OO 33OO
4. EXPERIENCE
4.! List the categories of work that your organization normally performs
with its own forces.
Demo, framing, concrete, siding, roofing, finish work, and metal building erection.
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 to it? No
4.2.2 Are there any judgments, claims, arbitration proceedings or
suits pending or outstanding against your organization or its
officers? No
4.2.3 Has your organization filed any lawsuits or requested arbitration
with regard to construction contracts within the last five years?
4.g Within the last Ru. y."rJff", .ny 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
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.
4.4.1 State total worth of work in progress and under contract:
31.3 Mil4.5 On a separate sheet, list the major projects your organization has
completed in the past five years, giving the name of project, owner,
architect or design engineer, contract amount, date of completion
and percentage of the cost of the work performed with your own
forces.
4.5.1 State average annual amount of construction work
performed during the past five years:
17 Mil4.6 On a separate sheet, list the construction experience and
present commitments of the key individuals of your
organization.
5
4.7 On a separate sheet, list your major equipment.
Manlifts and forklifts
REFERENCES
5.1 Trade References; Ketola/Targus Painting (360\ 456-1224
BID SET - AUGUST 2021 Page 5 of 7
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal
10.A.a
Packet Pg. 166 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CIry OF KENT - CAPITAL PROJECTS CONTRACTOR'S OUALIFICATION STATEMENT
KENT POLICE HEADQUARTERS RENOVATION SECTION OO 33OO
5.2
5.3
Bank References: Alexis Alverson TwinStar CU (360) 923-4450
Name of bonding company: Travelers Casualty and Surety Co. of America
Name and address of agent: Tiffany Karpavicius
1802 Black Lake Blvd SW, Suite 301
Olympia, WA 98512
Surety:
5.3.1
5.3.2
6. FINANCING
6.1 FinancialStatement
After bid opening, the City may require the following financial
information from any of the three apparent low bidders. If so required,
the selected bidder(s) must respond with this financial information within
24 hours of 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 the contract. A bidder's failure or refusal to provide this
information may 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
showing the following items:
Current Assets (e.9., cash, joint venture accounts, accounts
receivable, notes receivable, accrued income, deposits, materials
inventory and prepaid expenses);
Net Fixed Assets;
Other Assets;
Current Liabilities (e.9., 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).
6.1.2 Name and address of firm preparing attached
financial statement, and date thereof:
6.1.3 Is the attached financial statement for the identical
organization named on page one?
6.1,4 If not, explain the relationship and financial responsibility of the
organization whose financial statement is provided (e.9.,
parent- subsidiary).
6.2 Will the organization whose financial statement is attached act
as guarantor of the contract for construction?
BID SET . AUGUST 2021 Page 6 of 7
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10.A.a
Packet Pg. 167 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CIry OF KENT - CAPITAL PROJECTS CONTRACTOR'S OUALIFICATION STATEMENT
KENT POLICE HEADQUARTERS RENOVATION SECTION OO 33OO
7. SIGNATURE
7,l Dated at this-21 day of September , 202t.
Name anization:Christensen lnc Contractoro
lna Pracfn
Title:General M
7.2 TOe DteSip , being duty sworn, deposes and says that the
information provided herein is true and sufficiently complete so as not to
be misleading.
Subscribed and me this-LL -day of 2021.
Notary Public:ttllllll
b Ltb"EHO
My Commission Expires:
0p
2tt
fn:.\
tilI
BID SET - AUGUST 2021 Page7 ot7
lily Comm. Epires
June 5, 2023
1.10.208403
T
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal
10.A.a
Packet Pg. 168 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
BID SUBMITTAL CHECKLIST
sEcTloN 00 2100
SECTION OO 21OO - BID SUBMITTAL CHECKLIST
The following checkllst is a guideline to help the Contractor understand the make sure all
forms are cdmplete, The bidler's attention.is especially called to the followlng forms. Fallure
to execute these forms as requlred may result ln reJectlon of any bld. Bldder's
Package should include the following:
Bid Document Cover Sheet filled out wlth Bidder's Name <Section 00 0200>
Order of Contents, provlded by Bidder for submltted documents
Invitation to Bid <Sectlon 00 1000>
Information for Bidders <Section 00 2000>
Contractor's Qualiflcation Statement <Sectlon 00 3300>
Complete and notarlzed
Bidder's Checkllst <Sectlon 00 2100>
Proposal <Sectlon 00 3000>
First line of ProPosal - filled in
Unit prices are correct
Subcontractor List (contracts over $100K) <Section 00 3200>
Su bcontractors listed ProPerlY
Signature
Contractor Compliance Statement <Section 4600>
Date
Have/have not participated acknowled gment
Signature and address
Declaration - Clty of Kent Equal Employment Opportunity Policy <Section 00 4400>
Date and slgnature
Administrative Policy <Section 00 4400>
Statement that Bldder Has Not Been Disqualified <Section 00 4100>
Certification of Compllance wlth Wage Payment Statutes <Section 00 4800>
Proposal Signature Page <Section 00 3000>
All Addenda acknowledged
Date, signature and address
Bid Bond Form <Section 00 3100>
Signature, sealed and dated
Power of AttorneY
(Amount of bid bond shall equal 5olo of the total bid amount)
Combined Declaration Form <Sectlon 00 4700>
Signature
Change Order Form (Example) <Section 00 4900>
Payment and Performance Bond <Section 00 4200>
Contract <Section 00 7000>
The following forms are to be executed after the Contract is awarded:
A) CONTRACT
ent ls to be execuled !y the successful bidder.
B) PAYME_NT AND PERFORMANCE BOND
To be executed by the successful bidder and its surety company.
The fo
A)
form is to be executed he Contract is com leted:
be successful LETION contract.
llowi
t
BID SET -AUGUST 2021 Page 1 of I
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify ScaI
10.A.a
Packet Pg. 169 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
BID PROPOSAL
sEcTloN 00 2100
SECTION OO 21OO - BID PROPOSAL
City of Kent Police Headquarters Renovation
Proposal of (hereinafter called the "Bidder"), organized and existing under the laws
of the State'of Washington and doing busihess-as
x Christensen lnc. General Contractor
(*Insert "a corporation", "a partnership", or "an individual")
To the OWNER (City of Kent):
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 in strict accordance with the Contract Documents, within
the time set forth herein, and at the lump sum price stated below (not including
wssT).
A. LUMP SUM BASE BID:
Provide all labor and materials required for the addition and miscellaneous
improvements as shown on the drawings and as specified in the project manual
for the lump sum price (which does not include Washington State Sales Taxes
(wssr)).
TOTAT BASE BID (numerals)s 63b,o'(xse
TOTAL BASE BID (words)N
eba ed
B. WITHDRAWAL OF BID: No bidder may withdraw his/her bid for a period of
sixty (50) calendar days after the day of bid opening.
C. TIME OF COMPLE]TON: The work of this contract shall commence from the
Notice to Proceed and the work specified in Lump Sum Base Bid shall be
substantially completed by March l,st 2A22 for al! the work.
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 paid to the Contractor with each pay application.
OVERHEAD AND PROFIT: The undersigned agrees that the above Bids do
include overhead, profit, and all other expenses involved.
BID SET - AUGUST 2021 Page I of 3
D
E
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10.A.a
Packet Pg. 170 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
BID PROPOSAL
sEcTtoN 00 2100
COMMENCEMENT OF WORK: The bidder hereby agrees to commence work
under this contract within ten (10) calendar days after the Notice to Proceed
and to fully complete the work within the time established in paragraph C of
this proposal.
BID SECURITY: Bid security is required for this project. A Performance and
Payment bond will be required of the successful bidder.
ADDRESS: Notice of acceptance of this bid or request for additional
information shall be addressed to the undersigned at the address stated
below.
SELECTION CRITERIA:
This bid is being made in accordance with the Owne/s procedures and shall be
evaluated as follows:
1. Responsiveness.
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.
2. Responsibility,
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 successfully completing contracts of this type. The
following elements may be given consideration by the Owner in determining
whether a contractor is a responsible contractor:
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;
c) Whether the contractor can perform the.contract and do so within the time
specified;
d) the quality of performance by the contractor on previous and similar
contracts;
e) The previous and existing compliance by the bidder with laws relating to the
contract or services; and
f) such other information as may be secured having bearing on the decision to
award the contracts. When requested by the Owner, contractors shall furnish
acceptable evidence of the 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.
3. Lowest Bid: The lowest bid
BID SET - AUGUST 2021 Page 2 of 3
F
H
I
J
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify ScaI
10.A.a
Packet Pg. 171 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
SUBCONTRACTOR LIST
sEcTloN 00 3200
SECTION OO 32OO- SUBCONTRACTOR LIST
(Contracts over $ 100,000)
List each subcontractor, from any tier of subcontractors, that shall pefform subcontract work
amounting to more than 100/o of the total bid contract price, List each bid item to be performed
by each designated subcontractor in numerical sequence. If no subcontractots will be
pbrformlng-LOo/o or more of the work, lndlcate thls by wrltlng "None" and slgnlng
this form it the bottom of the page. Failure to submit a fully completed and signed
subcontractor list after the time set for bid opening may disquallfy your bid.
Protect Name: Clty of Kent Police Headquarters Renovation
ProJect Number:FAC21-O1
Subcontractor Name
Item Numbers
Subcontractor Name
Item Numbers
Subcontractor Name
Item Numbers
Subcontractor Name
Item Numbers
Subcontractor Name
Item Numbers
Subcontractor Name
Item Numbers
Subcontractor Name
Item Numbers
/'/ ./
CO NT R ACTO R'S SI G N AT TI RE
BID SET -AUGUST 2021 Page I of 1
provided to Buifders Exchange of WA, Inc. For usage Conditions Agreement see www.bxvta,com - Always Verify Scal
10.A.a
Packet Pg. 172 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
EQUAL EM PLOYM ENT OPPORTUN ITY AGREEMENT
sEcloN 00 4400
SECTION OO 44OO - EQUAL EMPLOYMENT OPPORTUNITY AGREEMENT
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors and suppliers who perform work
with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary
for any contractor, subcontractor, or supplier on this specific Agreement to adhere to.
An affirmative response is required on all the following questions for this Agreement to
be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents
themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or
termination for all or part of the Agreement.
The questions are as follows:1. I have read the attached City of Kent administrative policy number 1.2.
During the time of this Agreement, I will not discriminate in employment based
on sex, race, color, national origin, age, or the presence of all sensory, mental
or physical disability.
During the time of this Agreement the prime contractor will provide a written
statement to all new employees and subcontractors indicating commitment as
an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider
hiring and promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by
ffi€, the Prime Contractor, that the Prime Contractor complied with the
requirements as set forth above.
By signing below, I ag e to fulfill the five requirements referenced above.
By
For: J Presto - Christensen lnc. General Contractor
Title:General Manaoer
Date: 0912112021
EEO COMPLIANCE DOCUMENTS - 1
BID SET -AUGUST 2021 Page 1 of 3
2
3
Provided to Build.ers Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal
10.A.a
Packet Pg. 173 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
EXECUTIVE ORDER COMPLIANCE
sEcTloN 00 4600
SECTION OO 4600 - EXECUTIVE ORDER COMPLIANCE
(Preside nt's Executive Order # LL246)
1 1
This statement relates to a proposed contract with the City of Kent named
City of Kent Police Headquarterc Renovation
Project Number: FAC27-07
I am the undersigned bidder or prospective contractor. I represent that -
1.X VE ave not, participated in a previous contract or
subcontract subject to the President's Executive Order #LL246 (regarding
equal employment opportunity) or a preceding similar Executive Order.
Christensen lnc.Contractor
NAME OF BIDDER
BY
Joe Presto,General Manaqer
2840 Crites St SW Suite 100
Tumwater wA 98512
ADDRESS
(Note to Bidders: The informotion required in this Compliance Stqtement is
informational only)
BID SET -AUGUST 2021 Page I of {
provided to BuiLders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify ScaI
10.A.a
Packet Pg. 174 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
EQUAL EMPLOYMENT OPPORTUNITY AGREEMENT
sEcloN o0 4400
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.2 EFFECTIVE DATE: January 1, 1998
SUBJECT
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant, or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or paft of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
BID SET - AUGUST 2021 Page 2 of 3
MINORITY AND WOMEN
CONTMCTORS
SUPERSEDES:
APPROVED BY Jim
ril 1, 1996
ite, Mayor
Ap
Wh
1
1
Provided to Builders Exchange of WA/ Inc, For usage Conditions Agreement see www.bxwa.com A]-ways Verify Scal
10.A.a
Packet Pg. 175 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
EQUAL EMPLOYMENT OPPORTUNITY AGREEMENT
sEcTloN 00 4400
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY
COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor
awarded the Agreement.
I, the undersigned, a duly represented agent of
Company,
hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known was
entered into on the-(date), between the firm I represent and
the City of Kent.
I declare that I complied fully with all the requirements and obligations as outlined in
the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal
Employment Opportunity Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date
EEO COMPLIANCE DOCUMENTS - 3
BID SET - AUGUST 2021 Page 3 of 3
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal
10.A.a
Packet Pg. 176 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
NON.DISQUALI FICATION STATEM ENT
sEcTloN 00 4100
SECTION 00 4100 - NON-DISQUALIFICATION STATEMENT
This statement is required by state law (RCW 39.04.350(1)(f)) to be submitted to the
City before the contract can be awarded.
The bidder hereby certifies that, within the three-year period immediately preceding the
bid solicitation date (August 25, 202L), the bidder has not been disqualified from bidding
on any public works contract under RCW 39.06.010 or 39.12.065(3).
Christensen lnc. General Contractor
Bidder's Busi N e
Joe Presto
Printed Name
General M
Title
09t21t2021
o
Tum.wqter
City
WA
Date State
* 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.
BID SET - AUGUST 2021 Page I of 1
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10.A.a
Packet Pg. 177 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
; ,i .t? 'i ;,
Ctrristensen Inc.
C; I N E It A I., CON TIIA C TO R
z84o Crites St, SW, Suite roo Tumwater, WA 98512 36o-7o9-o33o FAX 36o-7o9-ozzo
e-mail prqiadpiu@.sinege. call
September 17,2021
RE: Police Headquarters Renovation - Project # FAC 2t-01
To Whom It May Concern:
This letter is to confirm the following:
Christensen Inc. General Contractor, 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 been in the past three (3) years, disqualified from bidding on any public works contract
under RCW 39.06.010 or 39.12.065 (3).
That within the three-year period immediately preceding the bid solicitation date, Christensen
Inc. General Contractor, 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 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.
Respectfully
J
General Manager
cc: File
10.A.a
Packet Pg. 178 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
WAGE PAYM ENT CERTIFICATION
sEcTloN 00 4800
SECTION OO 48OO - WAGE PAYMENT CERTIFICATION
CERTIFICATION OF COMPLIANCE WITH
WAGE PAYMENT STATUTES
This certification is required by state law (RCW 39.04.350(2)) to be submitted to
the City before the contract can be awarded.
The bidder hereby certifies that, within the three-year period immediately preceding
the bid 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.
I certify under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
Insert Bidder's Busines Name
Christensen lnc. General Contractor
By Signature of Authorized Officialx
Name:Joe
Title: General Man aoer
Date= 0912112021
City and State:Tumwate r. WA
xlf a corporation, proposal must be executed in the corporate name by the president or
vice-president (or any other corporate officer ac@mPanied by evidene of authority to
sign). If a co- partnership, proposal must be executed by a partner.
BID SET -AUGUST 2021 Page { of 1
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10.A.a
Packet Pg. 179 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE H EADQUARTERS RENOVATION
Addendum No.
Addendum No.
Addendum No.
360-709-0330
Telephone Number
BID PROPOSAL
sEcTtoN 00 2100
K. ADDENDA: The Bidder acknowledges the receipt of the following Addenda to the
contract documents:
I Addendum No.
Addendum No.
Addendum No.
2
L. 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 all
terms, requirements and representations listed in the bid documents whether
set forth by the City or by the Bidder.
0912112021 Christensen lnc. General Contractor
Bid Date Company ame
2840 Crites St SW Suite 100
Address 1 d By (Signature)
Tumwater. WA 't2 .lne Presto
Address 2 Submitted By (Printed Name)
General Manaoer
Title
360-709-0220 nroiadmin erlm
Fax Number E-mail address
END OF BID PROPOSAL
BID SET _ AUGUST 2021 Page 3 of 3
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10.A.a
Packet Pg. 180 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
t
CITY OF KENT - CAPTAL PRO.IECTS
KENT POL]CE HEADAUARTERS RENOVATION
BID SECURITY
sEcTtoN 00 3100
KNOW ALL MEN BY THESE PRESENTS:
That we- Christensen, lnc., GenelqllQq0t!?ctor , as Principal,
and Travelers Casualty and Surety.Company of America , as Surety, are held and firmly
bounduntothecITYoFKENT,asobligeeninthepenalsumof.X1'l
Dollars, forthe payment of which the Prlncipal and the Surety bond themselves, theii
heirs, executors, admlnistrators, successors and assign+ iointly and severally, by
these presents.
The conditlon of this obligation is such that if the Obligee shall make any award
to the Principal for City of Kcnt FolicC Hcadquartcrs Rcnonation/Prolcst
llumbcr; FAC21{11
According to the terms of the proposal or bid made by the Principal thereof, and the
Princlpal shall duly make and enter lnto a contract with the Obllgee [n accordance with
the terms of sald 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
Principal shall, in case of fallure so to do, pay and forfeit to the Obligee the penal
amount of the deposit speclfied in the invitation to bid, then this obligation shall be
nuil and void; otherwise it shall be and remairi in fullforce and effect and the Surety
shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damaged, the
amount of this bond.
SIGNED, SEALED AND DATED OF 1
l'Hnnrro RD,
CONN.
*
Received return of deposit ln the sum of
BID SET -AUGUST 2021 Page2ot2
provlded to Builders Exchange of WA, Inc, For usage Conditions Agleement see www.bxwa.com - Always Verlfy ScaI
10.A.a
Packet Pg. 181 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
TRAVELER5?
Travelerc Casualty and Sunety Company of America
Travelerc Casualty and Surcty Company
St. Paul Firc and Harine Insurance Company
POWEROFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine lnsurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and thatthe Companies do hereby make, constitute and appoint Tlffany Karpavlclus of
OLyMplA , Washlngton , their true and lawful Attomey(s)-in-Fact to sign, . execute, seal and
acknowledge any and all bonds, recognizaices, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executlng or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
lN W;TNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 2lst day of Aprll,
2021.
State of Connecticut
By:
City of Hartford ss.L.
On this the 2lst day of Aprll, 2021, before me personally app€ared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized ofiicer.
lN W|TNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June,2026
Anna
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Aftomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said ofhcers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation ls in writing and a copy thereof is flled in the oftice of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizanc€, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate S€cretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company offic€rs pursuant to a written delegation of authorit$ and it is
FURTHER RESOLVED, that the signature of each of the following officers; President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affxed by facsimile to
any Power of Attomey or to any certiftcate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thor€ol and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signafure and facsimile seal shall be valid and bindlng on the Company in the future with respect to any bond or
understanding to which it is attached.
l, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and conoct copy of the Power of Attomey executed by said Companies, which remains in full force and effect.
Datedthis 15th dayof September , 2021
/* f /4.,'/*, Kevin E. Hughes, Assi5tant Secretary
To vedfy Arc authenfrclty of thls Power of Atbmay, ple# call us at 7-8OO-427-3880.
Plq* rcferb dre above-namd Atbmey(s)4n-Factand tfie detalls of the bond to whlch this tuwerof Attomey is alhched.
t
il
iloil,'t1,
FUFrlo
ffitl
10.A.a
Packet Pg. 182 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CIry OF KENT -CAPITAL PROJECTS NON-COLLUSION & MIN. WAGE DECLARATION
KENT POLICE HEADOUARTERS RENOVATION SECTION OO 4600
SECTION OO 4600 - NON-COLLUSION & MINIMUM WAGE DECI.ARATION
CITY OF KENT COMBINED DECLARATION FORM
NON-COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under
the laws of the United States that the following statements are true and
correct:
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.
2 That by signing the signature page of this proposal, I am deemed
to have signed and to have agreed to the provisions of this
declaration.
AND
MINIMUM WAGE AFFIDAVIT
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 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 the above and foregoing statement and certificate, know
the contents thereof and the substance as set forth therein is true to my
knowledge and belief.
City of Kent Police
Headquarters Renovation
Project Number: FAC21-O1
1
NAME OF PROJECT
Christensen lnc. General Contractor
NAME OF BIDDER'S FIRM
SIG OF ORIZED REPRESENTATIVE OF BIDDER
BID SET - AUGUST 2021 Page I of I
provided to Builders Exchange of WA, fnc. For usage Conditions Agreement see www.bxwa.com - Always Verify ScaI
10.A.a
Packet Pg. 183 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
CHANGE ORDER FORM
sEcTtoN 00 4900
This chanoe order form is for e-amole purooses onlv. By submittino a bidr the
bidder aorees to be bound bv the terms of this chanoe order form for any
s.[ange-e[d9rs.
CHANGE ORDER NO. lEnter # t, 2,3, etc.]
NAME OF CONTMCTOR: llnsert Company Name] ("Contractor")
CONTMCT NAME & PROJECT NO: llnsert Name of Original Contract & Proj #, if applicable]
ORIGINAL CONTMCT DATE: [Insert Date Original Contract was Signed]
This Change Order amends the above-referenced contract; all other provisions of the
contract that are not inconsistent with this Change Order shall remain in effect. For
valuable consideration and by mutual consent of the parties, the project contract is
modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified
to add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any prior
Amendments, Contractor shall provide all labor, materials, and equipment
necessary to:
[Insert detailed description of additional materials, services, etc., that are needed
which necessitate this change order - Be as detailed as possible. You may
also refer to an attached exhibit, but clearly identiff the exhibit by title and
datel
2. The contract amount and time for performance provisions of Section II "Time
of Completion," and Section III, "Compensation," are hereby modified as follows:
Original Contract Sum,
(including applicable alternates and
wssr)
$
Net Change by Previous Change Orders
(incl. applicable WSST)
$
Current Contract Amount
(incl. Previous Change arders)
$
Current Change Order $
Applicable WSST Tax on this Change
Order
$
Revised Contract Sum $
BID SET _AUGUST 2021 Page { of 3
provided to Buil-ders Exchange of WA, Inc, For usage Conditions Agreement see www.bxwa.com - Al-ways Verify Scal
10.A.a
Packet Pg. 184 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
CHANGE ORDER FORM
sEcTloN 00 4900
Original Time for Completion
(insert date)
Revised Time for Completion under
prior Change Orders
(insert date)
Days Required (+) for this Change
Order
working days
Revised Time for Completion
(insert date)
In accordance with Sections L-04.4 and 1-04.5 of the Kent Special Provisions and
WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor
accepts all requirements of this Change Order by signing below. Also, pursuant to the
above-referenced contract, Contractor agrees to waive any protest it may have
regarding this Change Order and acknowledges and accepts that this Change Order
constitutes final settlement of all claims of any kind or nature arising from or connected
with any work either covered or affected by this Change Order, including, without
limitation, claims related to contract time, contract acceleration, onsite or home office
overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve
the Contractor from strict compliance with the guarantee and warranty provisions of
the original contract, particularly those pertaining to substantial completion date.
All acts consistent with the authority of the Agreement, previous Change Orders (if any),
and this Change Order, prior to the effective date of this Change Order, are hereby
ratified and affirmed, and the terms of the Agreement, previous Change Orders (if
any), and this Change Order shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this contract modification, which is binding on the parties
of this contract.
3. The Contractor will adjust the amount of its petformance bond (if any) for this
project to be consistent with the revised contract sum shown in section 2, above.
IN WITNESS, the parties below have executd this Agreement, which will
become effective on the last date written below.
BID SET _ AUGUST 2021 Page 2 of 3
CONTRACTOR:
By
(signature)
Print Name:
ffc
(title)
DATE:
CITY OF KENTI
By:
(signature)
Print Name: Will MooreIts Facilities Superl
(title)
DATE:
provided to Builders Exchange of WA, Inc, For usage Conditions Agreement see www.bxwa,com - A]-ways Verify Scal-
10.A.a
Packet Pg. 185 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
CHANGE ORDER FORM
sEcIoN 00 4900
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
BID SET - AUGUST 2021 Page 3 of 3
provided to Buifders Exchange of $1A, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify ScaI
10.A.a
Packet Pg. 186 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
KENT
PAYMENT AND PERFORMANCE BOND
sEcTloN 00 4200
PAYMENT AND PERFORMANCE BOND
TO CITV OF KENTWA!HrHcr!{
KNOWALL MEN BYTHESE PRESENTS:
That we, the undersigned,
as Principal, and
a Corporation organ ized and existing under the laws of the State of Washington, as a
Surety Corporation,and qualified under the laws of the State of Washington to
become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are
jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of
$together with a ny adjustments, up or down, in the total contract
price because of chang es in the contract work, for the payment of which sum on
demand we bind ourselves and our su
representatives, as the case may be.
ccessors, heirs, administrators or personal
This obligation is entered into in pursuance of the statutes of the State of
Washington, and the Codes and Ordinances of the CITY OF KENT.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, under and pursuant to a motion, duly made, seconded and passed
by the City Council of the City of Kent, King County, Washington, the Mayor of the
City of Kent has let or is about to let to the above bounden Principal, a certain
contract, the said contract providing for construction of City of Kent Police
Headquarters Renovation/Project Number: FAC 21-01 (which contract is
referred to herein and is made a part hereof as though attached hereto), and
WHEREAS, the Principal has accepted, or is about to accept, the contract, and
undertake to perform the work therein provided for in the manner and within the time
set forth:
NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully
peform all the provisions of said contract in the manner and within the time herein
set forth, or within such extensions of time as may be granted under the said
contract, and shall pay all laborers, mechanics, subcontractors and material men, and
all persons who shall supply the Principal or subcontractors with provisions and
supplies for the carrying on of said work and shall indemnify and hold the CITY OF
KENT harmless from any damage or expense by reason of failure of performance as
specified in said contract or from defects appearing or developing in the material or
workmanship provided or performed under said contract, then and in that event this
obligation shail be void; but otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the above bounden parties have executed this
instrument under their separate seals. The name and corporate seal (if required by
law) of each corporate party is hereto affixed and duly signed by its undersigned
representatives pursuant to authority of its governing body.
BID SET - AUGUST 2021 Page { of 2
provided to Builders Exchange of WA/ 1nc. For usage Conditions Agreement see www.bxwa.com - Always Verify ScaL
10.A.a
Packet Pg. 187 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
PAYMENT AND PERFORMANCE BOND
sEcTtoN 00 4200
TWO WITNESSES:
PRINCIPAL (enter prlnclpal's name above)
BY
TITLE
DATE:DATE:
CORPOMTE SEAL:
PRINT NAME
DATE:
SURETY
CORPOMTE SEAL:
DATE:
TITLE
ADDRESS:
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as
Principal in the within Bond; that
Who signed the said bond on behalf of the Principal
of the said Corporation; that I know his signature thereto is genuine, and that said
Bond was duly signed, sealed, and attested for and in behalf of said Corporation by
authority of its governing body.
SECRETARY OR ASSISTANT SECRETARY
BID SET - AUGUST 2021 Page2of 2
BY
provided to Builders Exchange of WA, Inc, For usage Conditions Agreement see www.bxwa.com - Always Verify Scaf
10.A.a
Packet Pg. 188 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE H EADQUARTERS RENOVATION
PUBLIC WORKS AGREEMENT
sEcTloN 00 7000
SECTION OO TOOO . PUBLIC WORKS
AGREEMENT BETWEEN CITY OF
KENT AND GENERAL CONTRACTOR
(SAMPLE)
BID SET _ AUGUST 2021
of {0
Page {
Provided to Buil-ders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal
10.A.a
Packet Pg. 189 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT -CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
KE T
PUBLIC WORKS AGREEMENT
sEcTloN 00 7000
PUBLIC WORKS AGREEMENT
between City of Kent and
w.!Hrtrot5!
[Insert Contractor's Company Name]
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and [Insert Contractor's Co. Name], organized under the laws of the
State of [Insert State Company formed under], located and doing business at [Insert Contractor's
Address, Phone Number, and Contact Person], (hereinafterthe "Contractor").
AGR.EEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following
described plans and/or specifications :
[Insert detailed description of services contractor is providing. Be as detailed as
possible. You may attach an exhibit so long as the exhibit is clearly referenced and
identified by title and datel.
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 time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described
in Section I above immediately upon execution of this Agreement. Upon the effective date of this
Agreement, the Contractor shall complete the work described in Section I [Enter either "within"
or "by" depending on deadline in next form fieldl [Insert either a date specific or enter # of days,
weeks, months, years, etc.].
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed [Insert
maximum dollar amount to be paid for services - Must be over $20K to use this form. You may
type out the dollar amount and enter the numerical dollar amount in parentheses or you may
just enter the numerical dollar amountl, including any applicable Washington State Sales Tax, for
the work and services contemplated in this Agreement, The Contractor shall invoice the City
monthly. The City will pay for the portion of the work described in the invoice that has been
completed by the Contractor and approved by the City. The City's payment shall not constitute
a waiver of the City's right to final inspection and acceptanceof the project,
Card Payment Program, The Contractor may elect to participate in automated credit card payments
BID SET - AUGUST 2021 Page 2 of {0
provided to Buil-ders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - A]ways Verify ScaI
10.A.a
Packet Pg. 190 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
c.
PUBLIC WORKS AGREEMENT
sEcTroN 00 7000
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,
A
B
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.
Retainage. The City shall hold back a retainage in the amount of five percent (5olo) of
any and all payments made to the Contractor for a period of sixty (60) days after the
date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue, the State Department of Labor & Industries, and the State
Employment Security Depaftment, and until settlement of any liens filed under
Chapter 60,28 RCW, whichever is later. The amount retained shall be placed in a fund
by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the
Contractor within fourteen (14) calendar days of the Contractor's signature on the
Agreement.
Defective or Unauthorized Work. The City reserves its right to withhold payment from
the Contractor for any defective or unauthorized work. Defective or unauthorlzed work
includes, without limitation: work and materials that do not conform to the
requirements of this Agreement; and extra work and materials furnlshd without the
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
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 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.
Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF
CONTRACTOR€ CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY CONTRACTORAS UNSETTLED ATTHE TIME FINAL PAYMENT IS MADE AND
ACCEPTED.
W. 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. 51.0B RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its work,
the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which the
Contractor's services under this Ag reement will be performed.
C, The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Contractor's services and is a service other than that furnished by the City,
or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
BID SET -AUGUST 202,1 Page 3 of {0
D
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Afways Verify Scal
10.A.a
Packet Pg. 191 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT _CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
PUBLIC WORKS AGREEMENT
sEcTloN 00 7000
D. The Contractor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service and
the state Department of Revenue.
E, The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Contractor's_
buiiness, and has obtained a Unified Business Identifier (UBI) number from the State of
Washington.
F, The Contractor has a valid contractor registration pursuant to Ch. L8.27 RCW or an
electrical contractor license pursuant to Ch' 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause"
shall include, without limitation, any one or more of the following events:
A, The Contractor's refusal or fuilure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
The Contractor's failure to make full and prompt payment to subcontractors or for
materialor labor.
The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
The Contractor's filing for bankruptry or becoming adjudged bankrupt.
The Contractor's breach of any poftion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further
money due under this Agreement until the Contract work is completed. After termination, the City
may t-ake possession oflll records and data within the Contractor's possession pertaining to this
project which may be used by the City without restriction'
VI. PREVAILING WAGES. The Contractor shall file a "statement of Intent to Pay Prevailing
Wages," with the State of Washington Department of Labor & Industries prior to commencing the
Coritract work. The Contractor shill 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 appticable prevailing wage rate provisions. The latest prevailing wage
rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a
change order is necessary, the Contractor must submit a written change g,Ldgr request_to the perso-n
listed- in the notice provision section of this Agreement, Section XVI(D), within fourteen (14)
calendar days of the date 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, the City will make an equitable adjustment. The City
will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments.
c,
D,
E.
F.
BID SET - AUGUST 2021 Page 4 of l0
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - A.Iways Verify ScaI
10.A.a
Packet Pg. 192 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
PUBLIC WORKS AGREEMENT
sEcTloN 00 7000
However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Contractor shall proceed with the change order work upon receiving
either a written change order from the City or an oral order from the City before actually receiv-ing
the written change order. If the Contractor fails to require a change order within the time specified
in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractordisagrees with the equitable
adjustment, the Contractor must complete the change order work; however, the Contractor may
elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change "o$elthat is accepted by the Contractor as provided in this section shallconstitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays relatd to any work, either covered or affected by the change.
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 ('Yorce majeure eventf . 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
bble'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,
oi any current social distancing restrictions or personal protective equipment requirements that
may be required under federal, state, or local law in response to the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and
nature of the force majeure event causing the prevention or delay in performance. Any excuse from
liability shall be effective only to the extent and duration of the force majeure event causing the
prevention or delay in performance and, provided, that the pafty 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. 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 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 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 Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated
by this section, all other costs will be borne by the Contractor,
il. CLAIMS. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor may file a claim as provided in this section. The
Contractorshallgive written notice to the City of all claims within fourteen (14) calendar days.of
the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the
date the Contractor knew or should have known of the facts or events giving rise to the claim,
whichever occurs first . Any claim for damages, additional payment for any reason, or extension
BID SET _ AUGUST 2021 Page 5 of 10
provided to Buitders Exchange of I',1A, Inc. For usage Condj-tions Agreement see www.bxwa.com - Always Verify Scaf
10.A.a
Packet Pg. 193 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
PUBLIC WORKS AGREEMENT
SECT|ON 00 7000
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 Ag reement,
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
itemslthrough5below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE
TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN Al{Y WAY
FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BYTHATDELAY.
A.Notice of Claim, Provide a signed written notice of claim that provides the following
information:
l. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and5. An analysis of the progress schedule showing the schedule change or
d isruption if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as
a result of the asserted events giving rise to the claim. The City shall have access to any
of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If
the City determines that a claim is valid, the City will adjust payment for work or time
by an equitable adjustment. No adjustment will be made foran invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor
shall proceed promptly to provide the goods, materials and services required by the City
under thisAgreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written
or oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts
from the City any written or oral order (including directions, instructions,
interpretations, and determination).
X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE
DATE THE CONTMCT 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.
XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily peform all
work provided under this Agreement in accordance with the provisions oJ this Agreement. The
Contractor shall 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 theexistence or discovery of the defect. In the event any parts are repaired
BID SET - AUGUST 202'l Page 6 of 1o
provided to Buil-ders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify ScaI
10.A.a
Packet Pg. 194 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT _CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
PUBLIC WORKS AGREEMENT
sEcTloN 00 7000
or replaced, only original replacement parts shall be used-rebuilt or used parts will not be
acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
an additional year beyond the original warranty period applicable to the overall work. The
Contractor sha[l begin to correct any defects within seven (7) calendar days of its receipt of notice
from the City of the defect. If the Contractor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Contractor
shall pay all costs incurred by the City in order to accomplish the correction.
111I. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement orany sub-contract, the Contractor, its sub-contractors, or any person acting on behalf
of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual
orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
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 attached Compliance Statement.
XIII. INDEMNIFICATION. The Contractor shalldefend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with
the Contractor's performance of this Agreement, except for that portion of the injuries and
damages caused by the City's negligence.
The City's inspection or acceptance of any of the Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that thisAgreement is subject to RCW 4.24.IL5,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its
officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify,
and hold the City haimless, and the Contractor's liability accruing from that obligation shall be
only to the extent of the Contractor'snegligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTMCTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSUMNCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE
PARTIES FURTHER ACKNOWLEDGE THATTHEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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 having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Contractor's pait, then the Contractor shall pay all the Cityt costs for defense, including all
reasonable expeft witness fees and reasonable attorneys'fees, plus the City's legal costs and fees
incurred because there was a wrongful refusal on the Contractor's part'
The provisions of this section shall survive the expiration or termination of this Agreement.
XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit llnseft Exhibit #]
attached and incorporated by this reference.
XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary
BID SET - AUGUST 2021 Page 7 of {0
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal
10.A.a
Packet Pg. 195 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
PUBLIC WORKS AGREEMENT
SECTION 00 7000
pre€utions and shall be responsible for the safety of its employees, agents, and subcontractors
in the peformance 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 materials, tools, or other articles used or held for use in connection with the
work.
XW. MISCELLANEOUSPROVISIONS.
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
covenJnts ana 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. Resolutlon 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
exilusive means of resolving that dispute, difference or claim, shallonly be by filing suit exclusively
under the venue, rules and jurisdiction of the King County Superior Court, King County,
Washington, unlessthe parties agree in writing to an alternativedispute resolution process..In any
claim oi lawsuit for damages ariiing from the parties' pefformance 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 illappeals, in addition to any other recovery oraward provided by law; prqvided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification
under Section XIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any
written notice hereunder shall become effective thre (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 add ress stated in this Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any
assignment, the terms of this Agreement shall continue in full force and effect and no further
assignment shall be made without additionalwritten 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 Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attaChed hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner this Ag reement. All of the above documents are
hereby made a part of this Agreement. However, should any language in any of the Exhibits to
this Ag reement conflict with any language contained in this Agreement, the terms of this Ag reement
shall prevail.
H, Compliance with Laws, The Contractor agrees to comply with all federal, state, and
BID SET -AUGUST 2021 Page 8 of 10
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - AIways Verify Scal
10.A.a
Packet Pg. 196 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT _ CAPITAL PROJECTS
KENT POLICE HEADOUARTERS RENOVATION
PUBLIC WORKS AGREEMENT
sEcTloN 00 7000
municipal 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
Ag reement or accruing out of the performance of those operations'
I. Public Records Act. The Contractor 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 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 City of Kent. As such, the Contractor agrees to
cooperate fully with the City in satisffing 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, the
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter
5.01 of the Kent City Code.
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. Fufther, upon executing this Agreement, either party may deliver
the signature page to the other by fiax or email and that signature shall have the same force and
effect as if the Agreement bearing the original signature was received in person.
BID SET -AUGUST 2021 Page 9 of {0
provided to Builders Exchange of WA, Inc, For usage Conditions Agreement see www.bxwa.com - Always Verify ScaI
10.A.a
Packet Pg. 197 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
CITY OF KENT - CAPITAL PROJECTS
KENT POLICE HEADQUARTERS RENOVATION
PUBLIC WORKS AGREEMENT
SECTION 00 7000
IN WITNESS, the parties below e><ecute this Agreement, which shall become effective on
the last date enteied 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.
APPROVED AS TO FORM:
Kent Law Depaftment
ATTEST:
Kent City Clerk
BID SET -AUGUST 202,1 Page l0 of 10
CONTRACTOR:
By:
(signature)
Print Namer
(title)
DATE:
CITY OF KENT:
By
(signature)
Print Name:
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
[Insert Contact Name]
[Insert Company Name]
[Insert Address]
[Address - Continued]
IInsert Telephone Num ber] (telephone)
[Insert Fax Number](facsimile)
NOTICES TO BE SENT TO: CITY OF KENT:
[Insert Name of City Rep, to Receive Notice]
City of Kent
220 Fourth Avenue South Kent, WA 98032
(253) [Insert Phone Number] (telephone)
(253) [Insert Fax Number] (facsimile)
provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa'com - Afways Verify Scal
10.A.a
Packet Pg. 198 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
,, {Ef-o-:
Christensen Inc.
C EN E lt u\ L CONl' t{ACTCIR
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
References
Architect:Contract Amount:
$4,107,744DLR Group
33017 134th Ave SE
Auburn, WA 98092
*New construction of 81119 SF fligh School including classrooms, admin offices, and student
commons. 25oh completed with Christensen forces. Completed 2020.
Project Name:
Challenger HS
18020 B St E
Spanaway, WA
Project Name:
WSSDA
225 College St NE
Olympia, WA 98516
Project Name:
SKHS Stem Improvements
425 Mitchell Ave
Port Orchard, WA 98366
Owner:
Bethel School District
5410 184th St E, Bldg C
Puyallup, WA 98375
Owner:
Dept. of Enterprises
PO Box 41476
Olympia, WA
Jonathan Martin
Owner:
S. Kitsap School District No. 402
2689 Hoover Ave SE
Port Orchard, WA 98366
Architect:Contract Amount:
$3,195,000MSGS Architects
510 Capitol Way S
Olympia, WA
**Demo of single story building, sitework TI, new construction of 7 1925 SF wood framed single
story building.25o/o completed with Christensen forces. Completed 2020.
Architect:Contract Amount:
$1,388,000BLRB Architects, P.S.
1250 Pacific Ave, Suite 700
Tacoma, WA 98402
*Tenant improvements to STEM classrooms at existing school. 157o completed with Christensen
forces. Completed 2020.
1
10.A.a
Packet Pg. 199 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
.*ffi,.
Crriistensen Inc.
GENERAL CONTI{ACTOR
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
Current Jobs in Progress
Project Name:
Chief Leschi School Auditorium
5625 52"d St E
Puyallup, WA 98371
Architect:
NAC Architecture
2025I"t Ave Suite 300
Seattle, WA 98121-3131
Percent Completed:
s%
Project Name:
Kenyan Community Church
26820 Pacific Hwy S
Kent, WA 98032
Architect:
Osborn Architects Lrc.
1011 SW Klickitat Way #208
Seattle, WA 98134
Percent Completed:
7s%
Project Name:
Riverbend Driving Range P3
2020W Meeker St
Kent, WA
Architect:
Broderick Architects
55 S Atlantic St #301
Seattle, WA 98134
Erik de los Reyes
Percent Completed:
t00%
Owner:
Puyallup Tribe of Indians
3009 East Portland Ave
Tacoma, WA 98404
Contract Amount:
$3,588,000
Estimated completion date:
March2022
Owner:
Kenyan Community Church
9656 Waters Ave S
Seattle, WA 98118
Contract Amount:
Approx. $8 Million
Estimated completion date:
November 2021
Owner:
City of Kent
220 4t' Ave S
Kent, WA 98032-5895
Nathen Harper
Contract Amount:
$1,700,600
Estimated completion date:
September 2021
1
10.A.a
Packet Pg. 200 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
,c AS*'F{'' u
Christensen Inc.
GENERAL CONTI{ACTOII
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
Project Name:
Kentwood HS PAC Center
25800 164th Ave SE
Kent, WA 98042
Architect:
SCR Architects
1916 Pike Place Suite 12
Seattle, WA 98101
Percent Completed:
80%
Project Name:
Meridian Elem. MP Room
25621 140th Ave SE
Kent, WA 98042
Architect:
SCR Architects
1916 Pike Place Suite 12
Seattle, WA 98101
Chris Reinhart
(206) 8s2-sre2
Percent Completed:
r00%
Owner:
Kent School District No. 415
12033 SE 256m Street
Kent, WA 98030
Contract Amount:
$798,000
Estimated completion date:
November 2021
Owner:
Kent School District No.415
12033 SE 256m Street
Kent, WA 98030
David Bussard
Contract Amount:
$3,463,000
Estimated completion date:
August 2021
2
10.A.a
Packet Pg. 201 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
Actc\\tronc\ I
. " r.a.f..:1ii.,q
Christensen Inc.
C; HN E ttA L (:()NT t{ ACTOIt
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
References
Vashon Island Maintenance Building
20414 Vashon Hrvy SW
Vashon, WA 98070
$1,700,000.00
Contact: Brandy Fox 360-753-2999 Project Manager: Joe Presto
*New construction of a one story maintenance building - 2,800 sq ft - Completed in November 2020.
15% of the cost of work performed by Christensen forces.
The Cedars (KJS Multi-Use Building)
810 Jefferson Street SE
Olympia, WA 98502
$4,000,000.00
Contact: Ali Raad 360-753-2999 ProjectManager: KevinChristensen
*New construction of a five story multi-purpose office building 44,250 sq ft - completed October 2013;
10% of the cost of work performed by Christensen forces.
Challenger HS
18020 B St E
Spanawayo WA 98387
$4,107,744.00
Contact: Marlene Anglemyer 253-683-6046 Project Manager: Joe Presto
*New construction of 8,119 sq ft HS consisting of classrooms, admin office and student commons. Steel
type II - completed 2019: 25% of the cost of work was performed by Christensen forces.
Cedar Valley Elem. MP Room
26500 Timberlane Way SE
Covington, WA 98042
s2,862,993.00
Contact: Fred Long 253-373-7526 Project Manager: Joe Presto
*Addition of new MP room to existing school - completed 2019;24% of the cost of the work was
performed by Christensen forces.
Park Orchard Elementary
11010 SE 232'd St
Kento WA 98031
$2,187,795.00
Contact: David Bussard 253-373-7277 Project Manager: Joe Presto
I
10.A.a
Packet Pg. 202 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
u*'tffiq-
Christensen Inc.(.;ENET{AL C()NTRACT()I{
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
*Addition of new 5,900 sq ft MP room to existing school - completed 201.8;24% of the cost of the work
performed by Christensen forces.
ESC Bldg I TI $1,627,008.00
516 176th St E
Spanawayo WA 98387
Contact: Marlene Anglemyer 253-683-6046 Project Manager: Joe Presto
*Tenant improvements to existing building - completed 2019: I5%o of the cost of the work was
performed by Christensen forces.
Hood Canal Ace Hardware
24171N Hrvy 101
Hoodsport, WA
$7,215,076.00
Contact: Mike and Geri Purvis Project Manager: Reid Christensen
*New construction of HC Ace Hardware store - completed 2019:27% of the cost of work was performed
by Christensen forces.
USDA
1835 Black Lake Blvd
Olympia, WA 98512
$1,200,000.00
Contact: Shep Salusky 206-28I-8905 Project Manager: Kevin Christensen
*Remodel of 38,000 sq ft office building - completed 2014;20% of the cost of the workperformed by
Christensen forces.
Lucky Seven
404714061Pacific Ave SE
Lacey, WA 98503
$1,130,845.00
Contact: Mike Choi 360-556-6333 Project Manager: Kevin Christensen
*Demo of existing buildings and new construction of buildings- completed 2019;28% of the cost of the
work performed by Christensen forces.
North Thurston Public Schools
South Sound High School Phase I
411 College Street NE
Lacey, WA 98516
$975,000.00
360-412-4500 ProjectManager: ReidChristensen
2
Contact: Jeff Goheen
10.A.a
Packet Pg. 203 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
, *,t&.*'{;€,n
Christensen Inc.
GENETTAL C:ONTRACTC)I{
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
*New Construction of 18,000 sq ft school - completed March 2008;47% of the cost of the work was
performed with Christensen forces.
Evergreen Sustainable Agricultural Lab $907,000'00
2700 Evergreen Parkway Northwest
Olympia, WA 98505
Contact: AzeemHoosein 360-867-6041 Project Manager: Kevin Christensen
*Construct new 2,000 sq ft building to be used as a science lab/class room. 100% complete.
Intelco Plazt
4508 Intelco Loop SE
Lacey, WA 98503
Contact: SteveLewandowski 360-701-8934 ProjectManager:
*Construction of new professional building and tenant improvements.
$800,000.00
Kevin Christensen
Percival Landing
05 Columbia Street NW
Olympia, WA 98501
$800,000.00
Contact: Jim Hannah 360-589-1549 ProjectManager: KevinChristensen
*New construction of pavilion and harbor house - completed September 2011
Capitol Campus Child Care Center $800,000.00
232Perry Street NW
Olympia, WA 98501
Contact: Stephen Masini 360-951-1697 Project Manager: Kevin Christensen
*New construction of 2,000 sq ft childcare facility - completed July 2008: 35o/o of the cost of the work
was performed with Christensen forces.
Nguyen Residence
2323Peach Ave NW
Olympiao WA 98502
$752,406.00
Owner: Hoai and KinhThi Nguyen ProjectManager: ColinChristensen
*Construction of new, single family home - completed September 2019: l0% of the cost of work was
performed by Christensen forces.
J
10.A.a
Packet Pg. 204 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
." s.i-1.&f: ".,
Christensen Inc.
C;EN[iTtAL c()NTRACTC)R
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@dncgc.com
Olympia School District $532,000.00
1113 Legion Way SE
Olympia, WA 98501
Contact: Tim Byrne 360-596-8560 Project Manager: Reid Christensen
*Various interior and exterior improvements for multiple school sites within the district.
Valley Communications Center
27519108th Ave SE
Kento WA 98030
$504,593.00
Contact: Davis Clark 253-351-8877 Project Manager: Joe Presto
*Interior tenant improvements to existing office and admin area- completed 2019: 13% of the cost of
work was performed by Christensen forces.
Skokomish Indian Tribe $500,000.00
80 N Tribal Center Road
Skokomish, WA 98584
Contact: Larry Winders 360-877-6748 Project Manager: Kevin Christensen
*Clinic remodel, lab remodel, misc. residential repair and new construction'
Skokomish Indian Tribe - Support Houses
80 N Tribal Center Road
Skokomish, WA 98584
$193,256.00
Contact: Larry Winders 360-877-6748 Project Manager: Kevin Christensen
*Construction of 4 new support houses - completed 2019: 4l% of the cost of the work was performed by
Christensen forces.
Belfair State Park- Comfort Station & Kitchen Shelter
Washington State Parks and Recreation Commission
3151 NE State Route 300
Belfair, WA 98528
$498,000.00
Contact: Dale Broyles 360-725-9754 Project Manager: Joe Presto
*Demolishing existing comfort station and building a new comfort station and kitchen shelter.
4
10.A.a
Packet Pg. 205 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
+*M#e*.
Christensen Inc.(.;ENERAL C()NTRACTC)R
2B40 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
Clover Park Technical College
Building 14 Facade
Tacoma, WA 98499
$480,000.00
Contact: Andrea Faust 360-902-7223 Project Manager: Joe Presto
*New construction of concrete parapet and roof - completed September 2010;20% of the cost of work
performed by Christensen forces.
Buckley Readiness Center
Washington Military Department
455 N River Avenue
Buckley, WA 98321
$380,000.00
Contact: Jim Castino 253-851-7648 ProjectManager: ReidChristensen
*Construction of a 3,600 sqft pre-engineered metal storage building.
Everett Community College
2000 Tower Street
Everett, WA 98201
$240,000.00
Contact: LauraHaima 360-407-9362 Project Manager: Joe Presto
*Remodel of two large restrooms.
Woodinville Water District
l7 238 Woodinville-Duvall Road
\iloodinville, WA 98072
$196,000.00
Contact: Lee Driftmier 425-88I-7506 Project Manager: Joe Presto
*Office tenant improvements, approx 1,500 sq ft.
Kola Kole Schoolhouse
Kitsap County
lll28 NE Maine Street
Kingston, WA 98346
$181,000.00
Contact: Colby Wattling 360-337-7036 Project Manager: Joe Presto
*Exterior work consisting of replacing windows, shingles, lights and painting on a two-story building.
5
10.A.a
Packet Pg. 206 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
e-*#do*r'
Christensen Inc.
(iENEI{AL CONTITACT'OR
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
Highline Community College
Building 19 ADA Ramp/Stairs
2400 S 240th Street
Des Moines, WA 98198
$179,500.00
Contact: Julie Nakahara 360-239-7706 Project Manager: Joe Presto
*ADA upgrades to walkways, ramps and railings - anticipated completion of July 2013;50% of the cost
of the work was performed with Christensen forces.
Lacey Construction Shop Roof Replacement
Department of Fish and Wildlife
600 Capitol Way N
Olympia, WA 98501
$117,000.00
Contact: Casey Davidson 360-902-8370 Project Manager: Joe Presto
* Complbte tear off and replacement of a metal standing seam roof system on one multi-level commercial
construction shop and office building.
Bremerton Housing Authority
Firs ASA Ramp Conversion
183 Russell Road
Bremerton, WA 98312
$109,000.00
Contact: Andi Reed 360-616-7lll Project Manager: Joe Presto
*Installation of an ADA compliant ramp to the back entrance of The Firs Apartments
Department of Natural Resources
Construction Shop Roof
6240 Carpenter Road
Lacey, WA 98503
$107,500.00
Contact: Casey Davidson 360-902-8370 Project Manager: Joe Presto
*Re-roof multi-level commercial construction shop and office building.
Advance Equipment
2950 26th Avenue SW
Tumwater, WA 98512
$100,000.00
ProjectManager: KevinChristensen
6
Contact: Dick Hoverter 360-866-4741
10.A.a
Packet Pg. 207 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
(I EN II T{ A L C]()N T R ACT()I{
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
*Various plant remodels.
City of Everett
Everett Senior Center
3025 Lombard Avenue
Everett, WA 98201
$98,000.00
Contact: Ruben Sanchez 425-257-8896 Project Manager: Joe Presto
*Lrterior and exterior repairs at the Everett Senior Center.
Lacey Police Impound Storage Building
6245Martin Way E
Lacey, WA 98516
$93,500.00
Contact: Justin Knox 360-438-2628 Project Manager: Kevin Christensen
*Erection of a new wood framed storage building, approx 2,400 sq ft.
$79,000.00Lacey tr'ire District #3
Station #33
6500 Mullen Road SE
Olympia, WA 98503
or"q#-4€rf .:
Christensen Inc.
Station #35
8407 Steilacoom Road SE
Lacey, WA 98513
Contact: Gary Pearson 360-528-2333 Project Manager: Joe Presto
*Perform saw cutting and removal of asphalt, sub-grade prep, irrigation piping repair and installation of
new reinforced concrete aprons.
Vestibule Entrance Building 4
Pierce Transit
370196th Street SW
Lakewood, WA 98499
$69,000.00
Contact: Lee Knawa 360-407-9208 Project Manager: Joe Presto
*Installation of new curtain wall system vestibule and storefront doors
HQ Siding Restoration
Department of Fish & Wildlife
600 Capitol Way N
Olympia, WA 98501
$38,000.00
Project Manager: Joe Presto
7
Contact: Casey Davidson 360-902-8370
10.A.a
Packet Pg. 208 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
..dg##*ln...
Christensen Inc.
GENERAL C()NTRACT()I{
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
*Replace siding and install battens on a two-story office building.
Bingham CreekHatchery
Department of Fish & Wildlife
3914 W Fish Ifatchery Road
Elma, WA 98541
$35,000.00
Contact: Casey Davidson 360-902-8370 Project Manager: Joe Presto
*Construct energy efficiency improvements to the hatchery office, crew room and public restrooms.
Kitsap County Parks & Recreation $36,700.00
1195 NW Fairgrounds Road
Bremerton, WA 98366
Contact: Terri Lyman 360-337-5350 Project Manager: Joe Presto
*Tenant improvements office space - completed June 2013; 65%o of the cost of the work was performed
with Christensen forces.
8
10.A.a
Packet Pg. 209 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
Ctrristensen Inc.
CENEITAL CONTRACTOR
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220
E-mail projadmin@cincgc.com
Officer and Key Personnel Qualification
Kevin Christensen, President
Kevin has been involved in the construction industry his entire life; his father was a project
manager for many large commercial projects in the area. Kevin has been working in the industry
since the age of 15; he worked in the field doing carpentry, roofing and surveying to save money
for college. Kevin earned a Bachelor of Art degree in Communications from Washington State
University. Over the past 31 years Kevin has been a principle in a general contracting company,
where he is involved in all types of construction, including: design build, civil engineering,
concrete, wood framing, steel erection, log construction and finish work for large and small jobs
within the industrial and commercial fields. His knowledge and experience have made him into a
great project manager, communicator, and president.
Reid Christensen, Vice President
Reid has been involved in the construction industry his entire life, his father, Kevin is the
President for a general contracting company. Reid remembers going onto job sites with his father
and sitting in on meetings. Reid began working for Christensen Inc. in June of 1999 as a laborer,
and has been working his way up the chain since. Reid graduated from Central Washington
University in2004 with a Bachelor's Degtee in Construction Management. He has completed
courses to computer generate pre-engineered building drawings. Over the last three years, Reid
has been involved in all phases of commercial construction with a strong emphasis on pre-
engineered metal design and erection. Reid's other strong points include, but are not limited to,
wood structures, steel structures,log construction, project coordination/management, plan
reading and onsite problem solving.
Colin Christenseno Vice President
Colin has grown up visiting job sites frequently as a kid and has been working in the
construction field since 2002. After graduating from the University of Washington with a degree
in economics, he decided he would continue developing his skills as a carpenter and builder.
Since then, Colin has worked on a wide range of projects and continues to master skills while
learning new ones along the way. He has experience with all phases of construction and many
different types of construction from residential to industrial and everything in between. Colin
enjoys working with his hands and bringing his creativity to life within his projects. He
particularly enjoys projects that involve creative designs, energy efficient/green building, and
value engineering.
1
10.A.a
Packet Pg. 210 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
a.e..@9,*
Cnristensen Inc.
GENEITAL CONTRACTOIT
2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330
E-mail projadmin@cincgc.com
FAX 360-709-0220
Joe Presto III' General Manager
Joe has been in the construction industry for most of his life. He has worked for a local
contractor through his teenage years. In I975, Joe started his own construction company that
specialized in building spec and custom homes. He gradually worked his way into the
commercial industry by building restaurants, apartments, office complexes, and other multi-story
construction. In 1999, Joe went looking for a change and a different type of construction and
went to work for a company in Ferndale, WA as a project manager. The new position was
building sower and water treatment facilities and back-up generator systems for City
Municipalities. In 2002, Joe was then offered the opportunity to join Kevin at Christensen Inc. as
a superintendent/project manager and estimator. In November 2006, Joe was promoted to
General Manager and currently shares the responsibility of estimating, managing current
projects, and the day to day operations within the company.
2
10.A.a
Packet Pg. 211 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
9t17t2021 CHRISTENSEN INC GENERAL CONTR
CHRISTENSEN INC GENERAL CONTR
Owner or tradesperson
Principals
CHRISTENSEN, KEVIN PHILLIP, PRESIDENT
r PRESTO, JOSEPH lll, VICE PRESIDENT
r CHRISTENSEN, BARBARA
ANN, SECRETARY
Doing business as
CHRISTENSEN INC GENERAL CONTR
WA UBI No.
60'1 546 765
2840 CRTTES ST SW #100
OLYMPIA, WA 98512
360.709.0330
THURSTON County
Business type
Corporation
Governing persons
KEVIN
P
CHRISTENSEN
COLIN CHRISTENSEN;
REID CHRISTENSEN;
License
Verify the contractor's active registration / license / certification (depending on trade) and any past violations.
Construction Contractor Active
Meets current requirements.
License specialties
GENERAL
License no.
CHRISIGO66LB
Effective - expiration
06/02/1 994- 06111 12022
Bond
Ohio Cas lns Co
Bond account no.
673409C
$12,000.00
Received by L&l
1010612020
Bond history
!n:grnn-g-e-
West American lns Co
Policy no.
8KW57232670
Received by L&l
06t09t2021
lnsurance history
Effective date
0812612019
Expiration date
Until Canceled
$1,000,000.00
Effective date
06/1 6/201 I
Expiration date
06t1612022
accounts during the previous 6 year period.
Lawsuits against the bond or savinos
9evi!-g-s,
No savings
https://secure.lni.wa.gov/verify/Detail.aspx?UBl=601546765&LlC=CHRlSlG066LB&SAW=1t3
10.A.a
Packet Pg. 212 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
91',1712021 CHRISTENSEN INC GENERAL CONTR
oP9r
Complaint against bond(s) or savings
46W8075719
Complaint amount
$76,154,49
Cause no.
17.242343-34
Complaint filed by
CRESCENT MECHANICAL INC
Complaint date
o4t26t20'17
Cause no.
17-242343-34
Complaint filed by
CRESCENT MECHANICAL INC
Complaint date
05t1612017
Dismissed
Complaint against bond(s) or savings
46W8075719
Complaint amount
$76,1 54.49
L&l Tax debts
No t-&i tii aCbts are recorded for this contractor license during the previous 6 year period, but some debts
may be recorded by other agencies.
License Violations
No-iicen$-Vioittidns during tho previous 6 year period.
Certifications & Endorsements
OMWBE Certifications
No a;fiG ei;rtiiiidriiiiiiS-.exist for this business.
Appren !i-s-e- Ire in-!r s. 4'9-e-nt
No ;iiiti; Wd;iiirigion iitbiStered apprentices exist for this business. Washington allows the use of apprentices
registered with Oregon oi Montana. Contact the Oregon Bureau of Labor & lndushies or Montana Department of Labor
& lndustry to verify if this business has apprentices.
Workers'Gomp
Do you know if the business has employees? lf so, verify the business is up-to-date on workers' comp premiums
L&l Account lD Account is current.
-8-Q7,91919
Doing business as
CHRISTENSEN INC GENERAL CON
Estimated workers reported
Quarter 2 ot Yeat 2021 "31 to 50 Workers"
L&l account contact
T0 / KARLA BOWMAN (360)902-5535 - Email: BOwK235@lni.wa.gov
Public Works Requirements
Verify the contractor is eligible to perform work on public works projects.
Required Training- Effective July 1, 2019
Eiempt from this requirement.
Contractor Strikes
No ltiikei"hCVri 56en issued against this contractor.
Contractors not allowed to bid
Ni;-Adtt;iirieni5 hivC uiiiiii-isSued against this contractor.
Workplace Safety & Health
Check for any past safety and health violations found on jobsites this business was responsible for,
lnspection resulls date
07t08t2021
lnspection no.
3{ 7963838
Location
2020 W Meeker St
Kent, WA 98032
Violaiions
https://secure.lni.wa.gov/verifi7/Detail.aspx?UBl=601546765&LlC=CHRlSlG066LB&SAW=2t3
10.A.a
Packet Pg. 213 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
7t2021911 CHRISTENSEN INC GENERAL CONTR
Violationslnspection results date
0111112021
lnsp€ction no.
3179611r8
Location
206 Lllly Rd.
Olympla, WA 98506
lnspection results date
08t10t2020
lnspeclion no.
317959736
Location
422Lilly Road SE
Olympia, WA 98506
Violations
lnspection results date
0t/09/2020
lnspoctlon no.
317957372
Location
221 College ST NE
Olympia, WA 98516
No violations
lnspoction results dat€
o6t27t2019
lnspection no.
317954832
Location
3505 Pacific Ave
Olympia, WA 98501
Violations
lnspection results date
03/01/2016
lnspection no.
317939166
Location
408 Gleveland St. SW
Tumwater, WA 98501
Violations
https://secure.lni.wa.gov/verifu/Detail.aspx?UBl=60'1546765&LlC=CHRlSlG066LB&SAW=3/3
10.A.a
Packet Pg. 214 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
9t17t2021 Business Licensing and Tax
My DOR Services
@ Business Licensing and Tax oe
CH RISTENSEN, INC., GEN ERAL
CONTRACTOR
Corporation
60L-546-765
Summary Action Items More OPtions
Excise Tax
60L-546-765
GENERAL CONTRACTOR
2840 CRITES ST SW STE 1OO
TUMWATER WA 985L2-
6LL7
Welcome, Christensen
Inc
Yau last logged in on Thursday, Sep
76,2027 7:4L:1-0 AM
Manage My Profile
Aug ust 202L
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10.A.a
Packet Pg. 215 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)
9t1712021 Business Licensing and Tax
License
60Ls46765-001-000L
CHRISTENSEN, INC.,
GENERAL CONTRACTOR
2840 CRITES ST SW STE 1OO
TUMWATER WA 985L2-
6LL7
BUSineSS LiCenSe ) Print Business License
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State Endorsementss/3L/2022 ) Hire
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10.A.a
Packet Pg. 216 Attachment: Agreement with Christensen for Police HQ Renovation (2865 : Kent Police Headquarters Renovation Project Bid - Award)