HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 10/07/2021 (2)
Parks and Human Services
Committee
Thursday, October 7, 2021
4:00 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 838 1479 4289, Passcode 929221
Chair Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
**************************************************************
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Agenda Approval Chair 01 MIN.
4. Business
YES
A. 2022 South King Housing Angela San Filippo, 10 MIN.
and Homelessness Partners Executive Manager
Work Plan - Approve
YES
B. 2022 South King Housing Angela San Filippo, 10 MIN.
and Homelessness Partners Executive Manager
Budget - Approve
NO
C. INFO ONLY: Kent Arts Ronda Billerbeck, 10 MIN.
Commission Appointments Cultural Programs
Manager
YES
D. Kent Police Detectives Nathen Harper, Capital 10 MIN.
Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the
first Thursday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Ron Lashley at 253-856-5101, or email
RLashley@kentwa.gov.
Any person requiring a disability accommodation should contact t
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Parks and Human Services Committee CC Parks October 7, 2021
Regular Meeting
Tenant Improvement Facilities Project
Project Bid - Award Manager
5. Adjournment Chair 01 MIN.
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: October 7, 2021
TO: Parks and Human Services Committee
FROM: South King County and Homelessness Partners
SUBJECT: 2022 South King Housing and Homelessness Partners Work
Plan - Approve
MOTION: I move to approve the 2022 South King Housing and
Homelessness Partners Work Plan as adopted by the SKHHP Executive
Board on July 23, 2021.
SUMMARY:
In accordance with the Interlocal Agreement the annual South King Housing and
Homelessness Partners (SKHHP) work plan must be approved by the legislative
body of each member jurisdiction in addition to the SKHHP Executive Board. Each
SKHHP jurisdiction had an opportunity to review and provide feedback on the work
plan and budget prior to Executive Board adoption. Kent City Council reviewed the
2022 SKHHP work plan and budget priorities at the City Council workshop on May
18, 2021. The feedback from member jurisdictions was used to draft the 2022
SKHHP budget adopted by the SKHHP Executive Board on July 23, 2021.
BACKGROUND:
The South King Housing and Homelessness Partners (SKHHP) was established
through an interlocal agreement to work together and share resources to increase
the available options for South King County residents to access affordable housing
and preserve the existing affordable housing stock.
The SKHHP 2022 work plan and budget operationalizes the SKHHP mission and
goals and provides an itemization of all categories of budgeted expenses and
-kind services. Consistent with
the SKHHP Interlocal Agreement, the SKHHP 2022 work plan and budget must be
approved by each legislative body and adopted by the SKHHP Executive Board.
The 2022 work plan includes three major areas of work that will facilitate
implementation of the SKHHP Interlocal Agreement: governance and
administration; policy and planning; and education and outreach. The 2022 work
plan builds on work done in 2020 and 2021 to establish the SKHHP Housing Capital
Fund through pooled public resources, increase philanthropic and corporate
investment through creation of a SKHHP 501(c)(3) fundraising branch, and
establish a SKHHP Advisory Board made up of community members that will help to
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ground SKHHP decision in community needs and interests.
The governance and administration work area includes strategic planning to set 3-5
year goals for the organization, annual work plan and budget process, quarterly
progress and budget reports, and annual reporting to stakeholders and non-SKHHP
South King County cities. The policy and planning work area includes: administering
and allocating funds from the SKHHP Housing Capital Fund and coordinating with
partner jurisdictions to enhance and develop new local housing policies and
programs. The outreach and education work area includes: representing South King
County at local and regional decision tables and further strengthening regional
eds and opportunities in South King
County.
BUDGET IMPACT: N/A
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. SKHHP Work Plan Exhibit (PDF)
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: October 7, 2021
TO: Parks and Human Services Committee
FROM: South King County and Homelessness Partners
SUBJECT: 2022 South King Housing and Homelessness Partners Budget
- Approve
MOTION: I move to approve the 2022 South King Housing and
Homelessness Partners Budget as adopted by the SKHHP Executive Board
on July 23, 2021.
SUMMARY:
The South King Housing and Homelessness Partners (SKHHP) 2022 Budget provides
an itemization of all categories of budged expenses and itemization of each
partner's contribution, including in-kind services. In accordance with the Interlocal
Agreement, the annual South King Housing and Homelessness Partners (SKHHP)
budget must be approved by the legislative body of each member jurisdiction in
addition to the SKHHP Executive Board. Each SKHHP jurisdiction had an opportunity
to review and provide feedback on the work plan and budget prior to Executive
Board adoption. Kent City Council reviewed the 2022 SKHHP work plan and budget
priorities at the City Council workshop on May 18, 2021. The feedback from
member jurisdictions was used to draft the budget adopted by the SKHHP Executive
Board on July 23, 2021.
BACKGROUND:
The South King Housing and Homelessness Partners (SKHHP) was established
through an interlocal agreement to work together and share resources to increase
the available options for South King County residents to access affordable housing
and preserve the existing affordable housing stock.
Attributable to the Interlocal Agreement, including an adopted budget before staff
was hired and before the City of Auburn became the administering agency, the
adopted budget for 2019 and 2020 was a projection of operating costs that did not
cover the full SKHHP operating costs. In light of the COVID-19 pandemic and
resulting revenue shortfalls and budget uncertainties, the original jurisdiction's
contributions were maintained in 2021. This was made possible by personnel cost
savings from 2019 and 2020. This decision intentionally spent down some of the
cost savings from the previous two years to cover operating costs and deferred
consideration of increasing member contributions to the 2022 operating budget.
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During the development of the 2022 SKHHP operating budget, feedback from
SKHHP partner jurisdictions and the SKHHP staff workgroup identified the following
budget priorities for 2022:
· Work towards a balanced budget
· Increase staff capacity to two full-time positions
· Consider a compensation structure for SKHHP Advisory Board members
The 2022 SKHHP operating budget operationalizes these priorities by increasing
jurisdiction contributions by 15%. The SKHHP budget contributions are based on
population size, as shown in the attachment to the resolution. Kent's 2022 SKHHP
contribution is $39,100.
If there are any additional contributions to SKHHP's operating budget from sources
such as: existing SKHHP partners, additional partners become part of SKHHP, or
contributions or donations from outside sources, each SKHHP partner contribution
could be reduced through an amended budget.
BUDGET IMPACT: None the
Human Services budget
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. SKHHP Budget Exhibit (PDF)
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: October 7, 2021
TO: Parks and Human Services Committee
SUBJECT: INFO ONLY: Kent Arts Commission Appointments
SUMMARY:
Four Arts Commission terms are expiring on October 16, in accordance with the
new Boards and Commissions ordinance. The ordinance went into effect with
minimal time to implement the associated recruiting requirements prior to current
term expirations.
Recruitment is underway, and candidate interviews are currently scheduled through
October 12. Staff is working to forward new candidates for Mayor appointment and
the tight timeline may require current Commissioners to stay on for a month
beyond their expiration date.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: October 7, 2021
TO: Parks and Human Services Committee
SUBJECT: Kent Police Detectives Tenant Improvement Project Bid -
Award
MOTION: I move to award the Kent Police Detectives Tenant Improvement
Project to Christensen Inc., General Contractor in an amount not to exceed
$134,211.90 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY:
This project involves expanding the existing detectives area and relocating the
rd
existing 3-floor lunchroom at the Centennial Center. The scope of work includes
demolition of designated walls and flooring, construction of a new wall, new
flooring, paint, and electrical modifications.
The Bid Opening for the Kent Police Detectives Tenant Improvement project was
held on October 01, 2021, with six bids received. The lowest responsible and
responsive bid was submitted by Christensen Inc., General Contractor, in the
amount of $121,900, which does not include Washington State Sales Tax.
Bid Tab Summary
01. Christensen Inc., General Contractor $121,900.00
02. Regency Northwest Construction, LLC $129,700.00
03. CFC Construction $142,800.00
04. MAD Construction $160,359.76
05. Alegis Construction $184,100.00
06. Westmark Construction $205,600.00
Engineers Estimate $130,000
BUDGET IMPACT: Project funded through the
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SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. DTI Contract (PDF)
2. Christensen Inc Bid (PDF)
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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 expand existing
rd
d floor lunchroom at the Centennial Center. The scope of work
includes demolition of designated walls and flooring, construction of a new wall, new flooring,
paint, and electrical modifications, 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 five (5) calendar days after the City issues its Notice to Proceed. Upon the effective
date of this Agreement, all physical work shall thereafter be completed within (90) working days. 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
$134,211.90, 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
project.
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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.
PUBLIC WORKS AGREEMENT - 1
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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
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
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
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
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF
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
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
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
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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
from the State of Washington.
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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. T
include, without limitation, any one or more of the following events:
A.
workers or proper materials for completion of the Contract work.
B.
Agreement.
C.
material or labor.
D. The Contra
regulations.
E.
F.
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
is project which
may be used by the City without restriction.
VI. PREVAILING WAGES. The
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
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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.
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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 . 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.
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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
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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
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
discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts
shall be usedrebuilt 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
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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.
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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
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
the
al
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
ment, 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
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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
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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
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.
/ /
/ /
/ /
/ /
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/ /
/ /
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
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its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to
have applied.
CITY OF KENT:
CONTRACTOR:
By: ______________________________
By: _______________________________
Print Name: Dana Ralph _____________
Print Name: ________________________
Its: Mayor _________________
Its: _______________________________
DATE: ____________________________
DATE: _____________________________
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR:CITY OF KENT:
Kevin Christensen Diana Lazouski
Christensen, Inc., General Contractor City of Kent
2840 Crites St SW, Suite 100 220 Fourth Avenue South
Tumwater, WA 98512 Kent, WA 98032
(360) 709-0330 (telephone) (253) 856-5083 (telephone)
(360) 709-0220 (facsimile) (253) 856-6080 (facsimile)
APPROVED AS TO FORM:
_______________________________________
Kent Law Department
ATTEST:
_______________________________________
Kent City Clerk
\[In this field, you may enter the electronic filepath where the contract has been saved\]
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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
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
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: ________________________________________
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Date: _______________________________________
EEO COMPLIANCE DOCUMENTS - 1
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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,
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 a
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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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: _______________________________________
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EEO COMPLIANCE DOCUMENTS - 3
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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
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.
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Buubdinfou;!Disjtufotfo!Jod!Cje!!)3982!;!Lfou!Qpmjdf!Efufdujwft!Ufobou!Jnqspwfnfou!Qspkfdu!Cje!.!Bxbse*
Qbdlfu!Qh/!89
5/E/c
Buubdinfou;!Disjtufotfo!Jod!Cje!!)3982!;!Lfou!Qpmjdf!Efufdujwft!Ufobou!Jnqspwfnfou!Qspkfdu!Cje!.!Bxbse*
Qbdlfu!Qh/!8: