HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 12/01/2022 4^* Parks and Human Services
• Committee
KEN T Thursday, December 1, 2022
WASHINGTON 4:0 0 PM
Chambers
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
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
1. Approval of Minutes
a. Approval of November 3, YES Chair 01 MIN.
2022 Minutes
2. EuroStage 2620 Mobile YES Ronda Billerbeck 05 MIN.
Stage Purchase
3. Centennial Center - Building YES Will Moore 05 MIN.
Fagade Maintenance and
Reseal
4. Mill Creek Canyon and NO Terry Jungman 20 MIN.
Earthworks Park
Engagement Update
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Parks and Human Services Committee CC Parks December 1, 2022
Regular Meeting
Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the First
Thursday of each month in City Council Chambers, 220 Fourth Avenue South, Kent WA 98032.
For additional information, contact Ronald Lashley via email at Rlashley@kentwa.gov or call 253-856-
5101.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
4.1.a
Pending Approval
Parks and Human Services
KENT Committee
CC Parks Regular Meeting
Minutes
November 3, 2022
Date: November 3, 2022
Time: 4:03 p.m.
Place: Chambers
Members: Zandria Michaud, Chair
Satwinder Kaur, Councilmember
Toni Troutner, Councilmember
Agenda:
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1. Call to Order 4:03 p.m.
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2. Roll Call a
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Attendee Name Title Status_ Arrived
Zandria Michaud Chair Present o
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Satwinder Kaur Councilmember I Present
Toni Troutner Councilmember Absent N
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3. Agenda Approval ai
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4. Business Z
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A. Approval of Minutes
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Approval of Minutes dated October 6, 2022 c
MOTION: Move to approve the Minutes dated October 6, 2022
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RESULT: APPROVED [UNANIMOUS]
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MOVER: Satwinder Kaur, Councilmember
SECONDER: Zandria Michaud, Chair Q
AYES: Michaud, Kaur v,
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ABSENT: Troutner
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B. 2023 South King Housing and Homelessness Partners Work Plan and
Operating Budget - Approve
MOTION: I move to authorize the Council approve the 2023 South
King Housing and Homelessness Partners Work Plan and Operating
Budget as adopted by the SKHHP Executive Board on August 19,
2022.
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Page 1 of 2 Packet Pg. 3
4.1.a
Parks and Human Services Committee CC Parks November 3, 2022
Regular Meeting Kent, Washington
Minutes
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 11/15/2022
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Zandria Michaud, Chair
AYES: Michaud, Kaur
ABSENT: Troutner
C. Contract with Musco Sports Lighting LLC through King County
Directors' Association Purchasing Cooperative for Kent Memorial
Park Tennis Court Lighting Repair - Authorize
MOTION: I move to authorize the Mayor to contract for the tennis
court lighting replacement at Kent Memorial Park in the amount of -
$184,508.88, including WSST, through the cooperative purchasing
agreement the King County Directors' Association has with Musco L
Sports Lighting, LLC. a
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 11/15/2022 a
7:00 PM c
MOVER: Satwinder Kaur, Councilmember
SECONDER: Zandria Michaud, Chair c
AYES: Michaud, Kaur `"
ABSENT: Troutner >
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5. Adjournment 4:09 p.m. —
Ronald Lashley r'
Committee Secretary =_
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Page 2 of 2 Packet Pg. 4
4.2
PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5100
DATE: December 1, 2022
TO: Parks and Human Services Committee
SUBJECT: EuroStage 2620 Mobile Stage Purchase
MOTION: I move to approve the goods and services agreement with
EuroStage Mobile Stages, in the amount of $115,935 for the purchase of a
new mobile stage, and authorize the Mayor to sign the agreement subject
to final terms and conditions acceptable to the Parks Director and City
Attorney.
SUMMARY:
A new stage will replace the existing 16-year-old mobile stage that came to the end
of its lifecycle in 2022. Through extensive research, Parks staff has identified a
stage from EuroStage Mobile Stages as the product that will best meet our needs in
terms of size, flexibility, technical specifications, and branding opportunities. The
EuroStage 2620 will cost $115,935 to manufacture, plus approximately $10,200 for
delivery and $13,000 in licensing taxes (for a total estimated final cost of
$139,135.) The delivery and licensing taxes will be paid separately, and these
costs are not included in the contract with EuroStage Mobile Stages.
The advertised bid process otherwise required under KCC 3.70.080(D) has been
waived for this purchase. KCC 3.70.110(A)(2) allows the Mayor to waive bidding
requirements for the purchase of goods, materials, equipment, or services that are
not part of a public work upon finding that "the purchase is subject to special
market conditions or involves special facilities or services." (See attached EXHIBIT
B)
BUDGET IMPACT: N/A - Parks operating funds
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
Packet Pg. 5
4.2
1. Goods and Services Agreement with EuroStage Mobile Stages (PDF)
2. Signed Mayoral Waiver of KCC 3.70.110 competitive process (PDF)
Packet Pg. 6
4.2.a
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GOODS & SERVICES AGREEMENT
between the City of Kent and
EuroStage Mobile Stages
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THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation a
(hereinafter the "City"), and EuroStage Mobile Stages] organized under the laws of the State of Kentucky,
located and doing business at 1440 Campbell Lane #700, Bowling Green, KY 42104 (hereinafter the M
"Vendor"). U)
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AGREEMENT o
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I. DESCRIPTION OF WORK. �
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The Vendor shall provide the following goods and materials and/or perform the following services
for the City:
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ES-2620 Mobile Stage Trailer - 26' x 20' stage trailer with roof and masts, including features
as described in EXHIBIT A - SCOPE OF SERVICES. 0
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The Vendor acknowledges and understands that it is not the City's exclusive provider of these E
goods, materials, or services and that the City maintains its unqualified right to obtain these goods,
materials, and services through other sources. a
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2023.
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III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $115,935,
including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in 0
this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: c
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$11,593.50 - Payment 1: Deposit due at the time of order
$46,374.00 - Payment 2: Due at shipping E
$57,967.50 - Payment 3: Due before pick-up
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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
GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 7
4.2.a
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the
option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is N
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City L
for any additional costs incurred by the City. "Additional costs" shall mean all reasonable a
costs, including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these r
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
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B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL M
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE 12
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE. 0
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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:
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A. The Vendor has the ability to control and direct the performance and details of its W
work, the City being interested only in the results obtained under this Agreement. a
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B. The Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed. W
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City E
retained the Vendor's services, or the Vendor is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement. a
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D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service a,
and the state Department of Revenue. U)
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E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor's o
business, and has obtained a Unified Business Identifier (UBI) number from the 00
State of Washington.
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F. The Vendor maintains a set of books dedicated to the expenses and earnings of its �
business. c
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 8
4.2.a
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the
requested change. If the City determines that the change increases or decreases the Vendor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall
proceed with the amended work upon receiving either a written amendment from the City or an oral order
from the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent
amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable N
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the
adjustment as provided in subsections A through E of Section VIII, Claims, below. 2-
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the r
Vendor as provided in this section shall constitute full payment and final settlement of all claims for )
contract time and for direct, indirect and consequential costs, including costs of delays related to any Z
work, either covered or affected by the change. o
VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or I-
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 0)
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 d
pandemic, any existing state or national declarations of emergency, or any current social distancing Z
restrictions or personal protective equipment requirements that may be required under federal, state, or 2
local law in response to the current pandemic. W
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If any future performance is prevented or delayed by a force majeure event, the party whose o
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 w
effective only to the extent and duration of the force majeure event causing the prevention or delay in 3
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 Ear—)
obligation.
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Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City a
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any a
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. •2
Performance that is more costly due to a force majeure event is not included within the scope of this Force a,
Majeure provision. N
If a force majeure event occurs, the City may direct the Vendor to restart any work or -Ua
performance that may have ceased, to change the work, or to take other action to secure the work or the oo
project site during the force majeure event. The cost to restart, change, or secure the work or project site CD
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 Vendor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Vendor.
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VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 9
4.2.a
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
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. N
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A. Notice of Claim. Provide a signed written notice of claim that provides the following L
information: a
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1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim; a)
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 �0
was determined; and
5. An analysis of the progress schedule showing the schedule change or 12
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor 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 Vendor's records needed for evaluating the protest. a)
The City will evaluate all claims, provided the procedures in this section are followed. If the g0
City determines that a claim is valid, the City will adjust payment for work or time by an W
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equitable adjustment. No adjustment will be made for an invalid protest. a
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C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this w
Agreement. 3
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor a
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and a,
determination). N
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IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE o
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. r
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X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work �
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty Q
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and the Vendor's representations to City. The
Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or
should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the
existence or discovery of the defect. In the event any part of the goods are repaired, only original
replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected,
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 10
4.2.a
the warranty for that portion of the work shall extend for an additional year beyond the original warranty
period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7)
calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the
corrections within a reasonable time as determined by the City, the City may complete the corrections and
the Vendor shall pay all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who N
is qualified and available to perform the work to which the employment relates. The Vendor shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative L
Policy 1.2. a
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XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, r
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
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 Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification. 0
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL m
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. °
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In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made M
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having o
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the "
Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful 3
refusal on the Vendor's part.
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The provisions of this section shall survive the expiration or termination of this Agreement.
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XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, a
insurance of the types and in the amounts described in Exhibit EXHIBIT B attached and incorporated by
this reference.
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XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary U)
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 w
be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to o
materials, tools, or other articles used or held for use in connection with the work.
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XV. MISCELLANEOUS PROVISIONS.
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its c
contractors and consultants to use recycled and recyclable products whenever practicable. A price Q
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.
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 11
4.2.a
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement. N
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at L
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written Of
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this 2
Agreement or such other address as may be hereafter specified in writing. a)
E. Assignment. Any assignment of this Agreement by either party without the written consent 0
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, M
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent. M
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 Vendor. a)
G. Entire Agreement. The written provisions and terms of this Agreement, together with any g0
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative a�
of the City, and such statements shall not be effective or be construed as entering into or forming a part a
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this o
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any "=
language contained in this Agreement, the terms of this Agreement shall prevail. W
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal 3
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's E
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
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I. Public Records Act. The Vendor 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, •2
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may a,
be subject to public review and disclosure, even if those records are not produced to or possessed by the U)
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, 00
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 Um
number of counterparts, each of which shall constitute an original, and all of which will together constitute Q
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
GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 12
4.2.a
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR: CITY OF KENT:
By: By:
Print Name: Print Name: Dana Ralph
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Its Its Mayor
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DATE: DATE: a
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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VENDOR: CITY OF KENT: °
Sean Michael Thomas Ronda Billerbeck, Cultural Programs Manager cm
EuroStage Mobile Stages City of Kent
1440 Campbell Lane #700 220 Fourth Avenue South
Bowling Green, KY 42104 Kent, WA 98032
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615-541-9226 (telephone) (253) 856-5055 (telephone) as
(facsimile) (253) 856-6050 (facsimile) c
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APPROVED AS TO FORM: a�
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Kent Law Department
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ATTEST:
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Kent City Clerk a
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[In this field,you may enter the electronic filepath where the contract has been saved]
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GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 13
4.2.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's
equal employment opportunity policies. N
The City of Kent and its contractors are subject to and will comply with the following:
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin); U)
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs c
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964); cm
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for
Enforcement of Title VI of the Civil Rights Act of 1964).
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations". U)
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The following statements specifically identify the requirements the City deems necessary for any w
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of 3
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives
outlined below, 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.
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The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2. ci
2. During the time of this Agreement I will not discriminate in employment on the basis of y
sex, race, color, national origin, age, or the presence of all sensory, mental or physical o
disability.
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3. During the time of this Agreement I, the prime contractor, will provide a written
statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 14
4.2.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
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B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of a
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21. o
C. Solicitations for Subcontracts, Including Procurements of Materials andcm
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this U)
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin. 0
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D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will o
permit access to its books, records, accounts, other sources of information, and its w
facilities as may be determined applicable to contractor's contract by the City or the LU
Washington State Department of Transportation to be pertinent to ascertain 3
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or E
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth a
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with cn
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to: c
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a. withholding payments to the contractor under the contract until the
contractor complies; and/or a
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of Q
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 15
4.2.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR in
Part 21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 0
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or N
whose property has been acquired because of Federal or Federal-aid programs and M
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex); U)
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; �°
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as 0"
amended, (prohibits discrimination based on race, creed, color, national origin, or W
sex); 3
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age E
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the N
programs or activities of the Federal-aid recipients, sub-recipients and contractors, .2
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination U)
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities c
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation 0
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § E
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex); Q
X. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures Non-
discrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations;
EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 16
4.2.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C. 3
1681 et seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance. U
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By signing below, I agree to fulfill the five requirements referenced above. 0
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By:
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For:
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Title:
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Date:
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EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 17
4.2.a
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor
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POLICY:
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Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and cm
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:
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer. o
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2. Actively consider for promotion and advancement available minorities and women.
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the ;
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance. 3
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement. a
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments. N
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity o
policy. 0
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. E
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EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 18
EXHIBIT A - SCOPE OF SERVICES
4.2.a
INVOICE
ELJR[3 TA #2022-2620-28
=1 != MOBILE STAGES 11/17/22
EuroStage Mobile Stages CUSTOMER
1440 Campbell Ln #700 City of Kent, WA
Bowling Green, KY 42104
615-541-9226 Mark Hendrickson
salesQEuroStage.us MHendrickson@kentwa.Qov
253-856-5057
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Description Qty Price Discount Cost L
ES-2620 Mobile Stage(Stage Trailer w/Roof&Masts) 1 $104,990 ; ($5,000) ; $99,990.00 d
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Hy (Hydraulic Mast Roof Lift FREE limited timej 1 $2,000 ; ($2,000j ; $0.00 to
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EZ Guardrails FREE(limited time) 1 $1,200 ; ($1,200) $0.00
Training&Delivery(Est.4 hrs.at our shop on the day of pickup) 1 $1,500 ; $1,500.00
----------------------------------------------------------------------------- -- -; ----- -
Shipping-Estimated Cost(EU to US by sea,rail,and truck) 1 $14,990 ($7,495) ; $7,495.00 N
Optional Add-Ons:
---------------------------------------------------------------------------------------------------------------------------;--------------------------------------
Tear-Away Fire Ret Blow Through 3pc Wall Kit w/Doors 1 $1550 ; ($550) ; $1,000.00 a)
Skirt 32'Front+Sides 1 $550 ; ($50) ; $500.00 to
--------------------------------------------------------------------------------------------I-----------j------------------I----------------- I------------------
Fly Bay Kit 5'w/Eng. $2,000 ; $0.00
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ST-Stairs+2 Hand Rails w/Eng. 1 $1,750 $1,750.00
--------------------------------------- ----------------------------------- -'----------------------------------
Banner Kit 3 w/Eng. 1 $1,500 $1,500.00tM
---------------------------------------------------------------------------------------------------------------------------;------------------ ------------------ r
LED Wall Kit w/Eng. $1,500 ; $0.00 O
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Fly Bay 10'LED Wall Extension w/Eng. $1,750 ; $0.00 W
•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•----------------------------- ------. t
Under Stage Storage 1 $1,250 ; $1,250.00 '3
-------------------------------------------------------------------------------------------- ----------- ------------------ ------------------- ------------------
Andersen Anti-Sway Hitch System(installed) $600 ; $0.00 y
ES Kit(wind meter,spare tire,tools,levels,straps,bungees,chocks,etc.) 1 $950 $950.00 d
------------------------------------------------------------------------------------------- ----------- --------------- ------------------ -----------------
Spare Tire (FREE) 1 $250 ($250) $0.00
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Subtotal $115,935.00 m
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TBD(Buyer responsible for all taxes.No sales tax if delivered out of state.Tax typically due in the state of registration) Tax 0.00% ; $0.00
Total $115,935.00
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TOTAL PROMOTIONAL SAVINGS: $16,695. -0
Due to rapidly changing materials and shipping cost,stage pricing is only locked in with a deposit.Shipping is an estimate. O
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Payment 1 - Deposit Due At Order $11,593.50
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Payment 2 - Due At Shipping $46,374.00 E
Payment 3 - Due Before Pick Up $57,967.50
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TERMS:
Payment:3 payments paid as 10%deposit/40%at shipping/50%cleared before pickup
Payment Form:Cleared Company Check or Bank Transfer
Refund:10%of invoice total is non-refundable. Deposit amount paid above 10%can be refunded.
FOB:All stages are picked up at our office/shop north of Nashville,TN.
ETA:Due to higher than expected demand,delivery time is estimated at 180 days from build start.
SHIPPING:Shipping is an estimate and will be split 50/50 of the actual cost on the final payment.
EuroStage is simply faster,easier,lighter,and more affordable.
WWW.EUROSTAGE.US Packet Pg. 19
4.2.a
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
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The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder a
by the Contractor, their agents, representatives, employees or
subcontractors.
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A. Minimum Scope of Insurance
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Contractor shall obtain insurance of the types described below:
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1. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured a�
contract. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy 2
with respect to the work performed for the City using ISO aD
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage. 0
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B. Minimum Amounts of Insurance 3
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Contractor shall maintain the following insurance limits:
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1. Commercial General Liability insurance shall be written with a
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit. N
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C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance: Q
Packet Pg. 20
4.2.a
EXHIBIT B (Continued)
1. The Contractor's insurance coverage shall be primary insurance as respect Q
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and 2-
shall not contribute with it. a
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2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior rn
written notice by certified mail, return receipt requested, has been given
to the City. c
3. The City of Kent shall be named as an additional insured on all policies cm
(except Professional Liability) as respects work performed by or on behalf M
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall U)
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with 0
respects to the limits of the insurer's liability.
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D. Acceptability of Insurers
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Insurance is to be placed with insurers with a current A.M. Best rating of not W
less than ANII.
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E. Verification of Coverage
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Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the a
additional insured endorsement, evidencing the insurance requirements of N
the Contractor before commencement of the work.
F. Subcontractors N
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. c
All coverages for subcontractors shall be subject to all of the same insurance 0
requirements as stated herein for the Contractor.
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Packet Pg. 21
EXHIBIT B40 OA 000 0�60
•
K E N T
WASH I N G T O N
TO: Dana Ralph, Mayor U
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DATE: November 16, 2022 a
FROM: Julie Parascondola, Director, Parks, Recreation and Community N
Services
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SUBJECT: Request for Mayoral Waiver of KCC 3.70.110 competitive process
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Kent Parks, Recreation, and Community Services requests a Mayoral waiver of the
advertised bid process otherwise required under KCC 3.70.080(D) for the purchase 0
of a mobile stage.
A new stage will replace the existing 16-year-old mobile stage that came to the end a
of its lifecycle in 2022. Through extensive research, Parks staff has identified a c
stage from Euro Stage Mobile Stages as the product that will best meet our needs U
in terms of size, flexibility, technical specifications, and branding opportunities. The
Euro Stage 2620 will cost $126,135, including the cost of delivery. (Taxes are paid
locally at the time of registration with Washington Department of Licensing.) M
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KCC 3.70.110(A)(2) allows the Mayor to waive bidding requirements for the Y
purchase of goods, materials, equipment, or services that are not part of a public c
work upon a finding that "the purchase is subject to special market
conditions or involves special facilities or services,"
There are only a few domestic companies that make stages meeting Kent Parks' c
specific needs. Staff need a trailer-style stage that can be pulled into various
outdoor locations and stored outside during non-use. Fully hydraulic set-up
mechanisms are required, both for safety, and to minimize operations staff time for
set-up and breakdown. (The Euro Stage 2620 stage can be set up by only two
people in under one hour; a huge improvement over two hours for 4 people with
our old stage.) The stage must also be one that allows it to be covered for
inclement weather and sizeable enough to accommodate a variety of performance
groups. 2
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Staff identified three stages that would meet our needs. One is made by a Canadian
company, Stageline Mobile Stage, Inc., based out of Quebec, Canada. Another is
made by Apex Stages, based in Pittsburg, Kansas. And finally, Euro Stage Mobile
Packet Pg. 22
4.2.b
Stages has their United States headquarters in Nashville, Tennessee. Our choice of
the Euro Stage is based on several factors:
-Euro Stage Mobile Stages has refined the typical build of a mobile stage to
create a product that costs and weighs significantly less without
compromising safety and performance. The Euro Stage 2620 is a perfect
choice for our mid-sized staging needs. The lighter frame of the Euro Stage
allows set up in.a variety of park locations. (The similarly sized Stageline
Mobile Stage, Inc. and Apex Industries stages are much heavier and less
versatile in terms of towing and set-up.) a
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-In addition to being affordably priced and technically versatile, Euro Stage in
Mobile Stages has a close-relationship with Auburn-based AT Productions
(AT). AT is the only organization on the West Coast licensed to train and o
certify staff on operating Euro Stage stages, as well as to do annual
maintenance inspections and service the stages. Upon purchase of a Euro
Stage, we will enter into a three-year service contract with AT Productions. M
They will provide annual training for our staff on stage safety, set-up, strike,
and placement. AT will also conduct annual safety inspections of stage
hydraulics, brake system, tires, stage decking, and frame. This includes a 0
DOT-mandated inspection of the stage trailer. AT has this same relationship �-
with Apex Industries but purchasing the Stageline product would require the
City to fly its staff to Canada each year for training and certification.
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-Total purchase price for the Euro Stage 2620 is $126,135, while cost 0
estimates for the Apex Industries and Stageline stages are comparable at o
approximately $170,000. Ownership costs of Euro Stage will also be r
significantly lower given access to local training, certification, and
maintenance services, which will be contracted with AT Productions for
approximately $3,300 annually. Y
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For all these reasons, the Parks, Recreation, and Community Services Department
respectfully requests that you authorize a waiver of the advertised bid requirement
under the exception provided for in KCC 3.70.110(A)(2), and allow the Department
to engage in direct negotiations with Euro Stage Mobile Stages for the Euro Stage
2620 Mobile Hydraulic Stage. If you authorize this waiver, can you please indicate
your authorization by signing below.
Thank you. a,
Waiver approved under KCC 3.70.110(A)(2):
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ana Ralph, Mao Date
Packet Pg. 23
4.3
PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5100
DATE: December 1, 2022
TO: Parks and Human Services Committee
SUBJECT: Centennial Center — Building Fagade Maintenance and Reseal
MOTION: I move to approve the public works agreement with West Coast
Concrete Restoration, LLC for the pressure washing, tuckpointing,
caulking, and clear sealing of the Centennial Center in an amount not to
exceed $101,305.32 and authorize the Mayor to sign the agreement
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY: Centennial Center is a four-story, 71,600 square foot building
comprised of an exterior brick paneling system. It was built in 1991 and is just over
30 years old. In its lifetime, only the south side of the building has ever been
cleaned and sealed. It's necessary for the full building to be cleaned and resealed to
protect the integrity and shell of the building. Due to the nature of brick-and-mortar
joints, this is necessary maintenance to prevent deterioration of the building over
time. The prior work on the south side of the building was due to leaks we've
experienced, so there's a history we need to be proactive about. In addition, moss
and other debris will be cleaned off, and window seals inspected and repaired as
needed. To select this vendor, we reached out to the vendors for pricing and chose
the most qualified vendor.
BUDGET IMPACT:
Capital budget F20089 ($101,305.32).
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. West Coast Concrete Resotration, LLC Contract (PDF)
Packet Pg. 24
4.3.a
KENT
was� �ro
PUBLIC WORKS AGREEMENT
between City of Kent and
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West Coast Concrete Restoration, LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and West Coast Concrete Restoration, LLC, organized under the laws of the State
of Washington, located and doing business at 22637 761h Ave. S, Kent, WA 98032, (hereinafter the c
"Contractor").
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AGREEMENT
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The parties agree as follows:
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I. DESCRIPTION OF WORK. :2
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Contractor shall perform the following services for the City in accordance with the following described
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plans and/or specifications:
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To provide the following restoration services to the Centennial Center building: pressure wash
the entire building, tuck point where needed, caulk where needed to repair existing sealant
and apply a masonry sealer over full exterior of the building, as described in the Scope of c�
Work, attached and incorporated as Exhibit A.
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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 0
time such services are performed. v
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II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in c
Section I above within 10 working days after the City issues its Notice to Proceed. Upon the effective date
of this Agreement, all physical work shall thereafter be completed by 12/31/2023. The term of this 2
Agreement shall continue until all work has been completed, final acceptance has occurred, and all y
Contractor obligations have been fulfilled.
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III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed ;v
$101,305.32, including any applicable Washington State Sales Tax, for the work and services contemplated ur-
in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the v
work described in the invoice that has been completed by the Contractor and approved by the City. The v;
City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the mo
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 c
by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates E
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.
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PUBLIC WORKS AGREEMENT - 1
(Over$20K with Performance Bond) Packet Pg. 25
4.3.a
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor,
shall provide the City a payment and performance bond for the full contract amount.
B. Retainaae. 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 y
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 Ou
Contractor within fourteen (14) calendar days of the Contractor's signature on the
Agreement.
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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 -00
includes, without limitation: work and materials that do not conform to the w
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 o,
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 3
incurred by the City. "Additional costs"shall mean all reasonable costs, including legal m
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 v
become due the Contractor. E
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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 v
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE M
AND ACCEPTED. M
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
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Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations: 0
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A. The Contractor has the ability to control and direct the performance and details of its J
work, the City being interested only in the results obtained under this Agreement. c
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B. The Contractor maintains and pays for its own place of business from which the
Contractor's services under this Agreement will be performed. 0
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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 ;v
retained the Contractor's services and is a service other than that furnished by the c
City, or the Contractor is engaged in an independently established trade, occupation, v
profession, or business of the same nature as that involved under this Agreement. v,
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D. The Contractor is responsible for filing as they become due all necessary tax L)
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
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E. The Contractor has registered its business and established an account with the state E
Department of Revenue and other state agencies as may be required by the u
Contractor's business, and has obtained a Unified Business Identifier (UBI) number 2
from the State of Washington. a
PUBLIC WORKS AGREEMENT - 2
(Over$20K with Performance Bond) Packet Pg. 26
4.3.a
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and earnings of its
business.
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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:
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A. The Contractor's refusal or failure to supply a sufficient number of properly skilled Ou
workers or proper materials for completion of the Contract work.
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B. The Contractor's failure to complete the work within the time specified in this
Agreement.
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C. The Contractor's failure to make full and prompt payment to subcontractors or for w
material or labor. M
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D. The Contractor's persistent disregard of federal, state or local laws, rules or S
regulations. 3
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E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
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F. The Contractor's breach of any portion of this Agreement.
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If the City terminates this Agreement for good cause, the Contractor shall not receive any further c
money due under this Agreement until the Contract work is completed. After termination, the City may a
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. v
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VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing M
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 0
Department of Labor and Industries is attached. v
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VII. CHANGES. The City may issue a written change order for any change in the Contract work c
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 2
notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date N
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 ;v
the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will c
determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change 0
order work upon receiving either a written change order from the City or an oral order from the City before v,
actually receiving the written change order. If the Contractor fails to require a change order within the time o
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.
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The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate u
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the 2
Contractor as provided in this section shall constitute full payment and final settlement of all claims for a
contract time and for direct, indirect and consequential costs, including costs of delays related to any work,
either covered or affected by the change.
PUBLIC WORKS AGREEMENT - 3
(Over$20K with Performance Bond) Packet Pg. 27
4.3.a
VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or
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 y
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.
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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 c
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. �i
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. m
Performance that is more costly due to a force majeure event is not included within the scope of this Force i
Majeure provision.
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If a force majeure event occurs, the City may direct the Contractor to restart any work or v
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 c
arising from a direction by the City under this clause will be dealt with as a change order, except to the c
extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its v
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Contractor, M
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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 2
determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall o
give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events US
giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should J
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, —J
additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall c
be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in
strict accordance with the applicable provisions of this Agreement. c
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At a minimum, a Contractor's written claim shall include the information set forth in subsections A, w
items 1 through 5 below.
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FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN c
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN v
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ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY cc
THAT DELAY. v
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
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1. The date of the Contractor's claim; E
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2. The nature and circumstances that caused the claim; U
3. The provisions in this Agreement that support the claim; a
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
PUBLIC WORKS AGREEMENT - 4
(Over$20K with Performance Bond) Packet Pg. 28
4.3.a
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. y
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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.
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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.
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the w
Contractor also waives any additional entitlement and accepts from the City any written or M
oral order (including directions, instructions, interpretations, and determination). o,
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this 3
section, the Contractor completely waives any claims for protested work and accepts from the m
City any written or oral order (including directions, instructions, interpretations, and 1
determination).
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X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT Fa
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE 'c
THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE aai
FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work M
provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall M
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 0
that portion of the work shall extend for an additional year beyond the original warranty period applicable v
to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its J
receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a c
reasonable time as determined by the City, the City may complete the corrections and the Contractor shall 0
pay all costs incurred by the City in order to accomplish the correction.
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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, Iv
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any c
person who is qualified and available to perform the work to which the employment relates. The Contractor v
shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City v,
Administrative Policy 1.2. o
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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.
The City's inspection or acceptance of any of the Contractor's work when completed shall not be a
grounds to avoid any of these covenants of indemnification.
PUBLIC WORKS AGREEMENT - 5
(Over$20K with Performance Bond) Packet Pg. 29
4.3.a
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. y
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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 WU
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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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, the a)
the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and w
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Contractor's part. c,
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The provisions of this section shall survive the expiration or termination of this Agreement. 3
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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.
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XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary iE
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the 'c
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall a
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. v
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XVI. MISCELLANEOUS PROVISIONS. M
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
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contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product. 0
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the J
covenants and agreements contained in this Agreement, or to exercise any option conferred by this c
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules c
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in v
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the v,
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred o
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.
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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 u
notice hereunder shall become effective three (3) business days after the date of mailing by registered or 2v
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this a
Agreement or such other address as may be hereafter specified in writing.
PUBLIC WORKS AGREEMENT - 6
(Over$20K with Performance Bond) Packet Pg. 30
4.3.a
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 y
shall be binding unless in writing and signed by a duly authorized representative of the City and the
Contractor.
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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 c,
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations. 3
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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 v
be subject to public review and disclosure, even if those records are not produced to or possessed by the jE
City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties 'c
and obligations under the Public Records Act. a
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J. City Business License Required. Prior to commencing the tasks described in Section I, the c)
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code. M
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 0
to the other by fax or email and that signature shall have the same force and effect as if the Agreement v
bearing the original signature was received in person. J
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IN WITNESS, the parties below execute this Agreement, which shall become effective on 2
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the last date entered below. All acts consistent with the authority of this Agreement and prior 2
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PUBLIC WORKS AGREEMENT - 7
(Over$20K with Performance Bond) Packet Pg. 31
4.3.a
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR: CITY OF KENT:
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By: By: (D
Print Name: Print Name: Dana Ralph
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DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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CONTRACTOR: CITY OF KENT:
Joe Hoffman Will Moore
West Coast Concrete Restoration, LLC 00
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22637 76th Ave S City of Kent
Kent, WA 98032-1922 220 Fourth Avenue South c
Kent, WA 98032 v
(253) 820-8476(telephone)
NA(facsimile) (253) 856-5081(telephone)
(253) 856-6080(facsimile) ?
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APPROVED AS TO FORM: ti
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PUBLIC WORKS AGREEMENT - 8
(Over$20K with Performance Bond) Packet Pg. 32
4.3.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who W
perform work with relation to this Agreement shall comply with the regulations of the City's equal a
employment opportunity policies.
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The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964).
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and L)
Regulations".
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The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of u
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined 0
below, it will be considered a breach of contract and it will be at the City's sole determination U
regarding suspension or termination for all or part of the Agreement. �
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The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2.
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, L
race, color, national origin, age, or the presence of all sensory, mental or physical disability. c
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3. During the time of this Agreement I, the prime contractor, will provide a written statement
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to all new employees and subcontractors indicating commitment as an equal opportunity 0
employer. N
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows: a
EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 33
4.3.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
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B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national a
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21. LL
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C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made 0°
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this L)
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports L)
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its M
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain L
compliance with such Acts and Regulations and instructions. Where any information o
required of a contractor is in the exclusive possession of another who fails or L)
refuses to furnish the information, the contractor will so certify to the City or the U
Washington State Department of Transportation, as appropriate, and will set forth J
what efforts it has made to obtain the information. 0
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
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a. withholding payments to the contractor under the contract until the L)
contractor complies; and/or o
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and E
directives issued pursuant thereto. The contractor will take action with respect to U
any subcontract or procurement as the City or the Washington State Department of a
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 Packet Pg. 34
4.3.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), 2
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 00
21. cu
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ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and m
projects); L
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), a
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(prohibits discrimination on the basis of age);
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vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as M
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex); L
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, o
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
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Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by J
expanding the definition of the terms "programs or activities" to include all of the o
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
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whether such programs or activities are Federally funded or not); o
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private a
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation 0
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex); Cn
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against a
minority populations by discouraging programs, policies, and activities with E
disproportionately high and adverse human health or environmental effects on
minority and low-income populations; a
EEO COMPLIANCE DOCUMENTS - 3 Packet Pg. 35
4.3.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons --
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); y
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from wo
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
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xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
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By signing below, I agree to fulfill the five requirements referenced above.
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EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 36
4.3.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor
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Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and 3
suppliers of the City must guarantee equal employment opportunity within their organization and, m
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. L)
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the M
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance. U
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's 0
nondiscrimination and equal opportunity requirements shall be considered in breach of contract J
and subject to suspension or termination for all or part of the Agreement. J
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public L
Works Departments to coordinate with the City's Title VI coordinator, and perform the following o
duties for their respective departments.
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these 2-
regulations are familiar with the regulations and the City's equal employment opportunity c
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 37
4.3.a
BIDDER RESPONSIBILITY CRITERIA
Certification of Compliance with Wage Payment Statutes
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This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City wo
before the contract can be awarded.
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The bidder hereby certifies that, within the three-year period immediately preceding the bid a
solicitation date (3/28/2022), 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. U_
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I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct. m
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West Coast Concrete Restoration, LLC
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By:
Signature of Authorized Official* U
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Printed Name: M
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City and State: �
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*If a corporation, proposal must be executed in the corporate name by the president or vice- W
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
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partnership, proposal must be executed by a partner.
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BIDDER RESPONSIBILITY CRITERIA - 1 Packet Pg. 38
EXHIBIT A
West Coast
966 CONCRETE RESTORATION, LLC
March 28, 2022
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City of Kent
Facilities I Parks, Recreation &Community Services
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Attention: Will Moore, Facilities Superintendent wmoore(cbKentwA.gov
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Subject: City of Kent
Centennial Center R
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Exterior Pressure Washing,Tuck pointing, Caulking, Clear Sealer application
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Attention Will-
Please accept WCCR's proposal to pressure wash,tuck point, clean and clear seal the exterior of the Centennial m
Center building for the City of Kent.
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I. Scope of Work
To pressure wash,tuck point where needed, caulk where needed to repair existing sealants &apply a masonry iE
sealer over the veneer once clean & dried. c
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II. Procedures v
1. WCCR will protect existing shrubs, landscaping and the surrounding areas, utilizing drop cloths and
tarps. M
2. WCCR will prepare the buildings for tuck pointing, caulking and sealing by pressure washing,then
masking windows.
3. WCCR will then tuck point masonry joints and replace caulking where needed. o
4. WCCR will then spray a clear WB Siloxane sealer over the veneer in two applications to prevent v
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moisture intrusion. J
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5. All work will be completed per the manufacturer's recommendations. c
6. A sidewalk closure will be needed on the W Gowe ST. side of the building,the East and West parking W
lots will be affected as well for boom lift access,the South sidewalk will also need to be closed at c
different intervals of the project.
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III. Costs L
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The lump sum cost for the proposal to pressure wash, tuck point, caulk, and apply a clear sealer the c
exterior of the Centennial Center building for the City of Kent is $90,207.94 v
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Bond: $1,804.16 v
Total: $92,012.10
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22637 76th Ave S Page 1 700 W 59th Ave Unit F
Kent, WA 98032 www.wc-cr.com Anchorage, AK 99518
Packet Pg. 39
4.3.a
West Coast
CONCRETE RESTORATION, LLC
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IV. Clarifications& Exclusions
1. Pricing does not include state or local sales taxes.
2. Customer to provide suitable 10'x10' lay-down area for our equipment & material.
3. Parking locations for reach lift equipment provided during off shift hours.
4. All work performed will be conducted during normal weekday business hours.
5. 2 - 110-volt 20-amp power sources will be provided within the work areas by the Owner.
6. Water source provided by owner.
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7. Sealants and masonry tuck pointing to be replaced only where found defective. i
8. West Coast Concrete Restoration is a Union Contractor. a�
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9. Sidewalk closure permit provided by City of Kent. m
10. The cost of any required performance bonds has been added in the price of the proposal. v
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Please do not hesitate to contact me should you have questions or would like to discuss in further detail. L
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Sincerely, U
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Joe Hoffman e
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West Coast Concrete Restoration, LLC L
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22637 76th Ave S Page 2 700 W 59th Ave Unit F
Kent, WA 98032 www.wc-cr.com Anchorage, AK 99518
Packet Pg. 40
4.4
PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5100
DATE: December 1, 2022
TO: Parks and Human Services Committee
SUBJECT: Mill Creek Canyon and Earthworks Park Engagement Update
SUMMARY:
Park Planning and Development is working with a consultant team led by Mithun to
develop a comprehensive framework plan for Mill Creek Canyon and Earthworks
Park. Part of this planning effort includes a robust outreach and engagement phase
to gather public feedback and incorporate that input into the finished plan. The
project team recently completed round 1 engagement and is presenting this
information to Parks Committee as an update to summarize what we heard from
the community and the direction we are headed as we move into the next round of
engagement.
More information about the project can be found at EngageKentParks.com
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 41