HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 12/13/2022KENT CITY COUNCIL AGENDA
40!00�9 Tuesday, December 13, 2022
KEN T 7:00 PM
VV A 5 H I N G T O N
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CitvofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID: 850 3725 6585
Passcode: 745909
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
Councilmember Marli Larimer Councilmember Les Thomas
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. Present Giving Campaign Proceeds to Eileen & Callie's Place
iii. Reappointments to the Human Services Commission
iv. Appointments to the Kent Bicycle Advisory Board
B. Community Events
C. Public Safety Report
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Citv Council Meetinq Citv Council Regular Meetinq December 13, 2022
B. Chief Administrative Officer's Report
C. Councilmember's Reports
6. PUBLIC HEARING
A. Public Hearing on a Resolution for the Surplus of The Bridges Wetlands
Property - Adopt
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the business of the city of Kent or to agenda items Council will consider at this
meeting. Comments that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public Comment period
to support or oppose a ballot measure or candidate for office.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerk@kentwa.gov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerk@kentwa. gov.
When called to speak during the meeting, please state your name and city of residence for the
record. You will have up to three minutes to provide comment. Please address all comments to
the Mayor and Council as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting. Alternatively, you may email the Mayor and Council at
MayorCDKentWA.gov and CityCouncil@KentWA.gov. Emails are not read into the record.
S. CONSENT CALENDAR
A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Nov 15, 2022 5:00
PM
ii. City Council Meeting - City Council Regular Meeting - Nov 15, 2022
7:00 PM
B. Payment of Bills - Authorize
C. Excused Absence for Councilmember Michaud - Authorize
D. Accept the Kent Springs Well #3 Component Replacement and Installation
Project as Complete - Authorize
E. Accept the 2021 Watermain Replacement Project as Complete - Authorize
F. Second Amendment to Interlocal Agreement with Maple Valley for
Municipal Court Services - Approve
G. Consultant Services Agreements with Protingent, Inc., TEKsystems, Inc.,
and Affirma, LLC - Authorize
H. 3355 : Agreement with the Segal Group, Inc. for a Non -Represented
Salary Survey - Authorize
Citv Council Meetinq Citv Council Regular Meetinq December 13, 2022
I. Consolidating Budget Adjustment Ordinance for Adjustments between July
1, 2022 and September 30, 2022 - Adopt
J. Grant Agreement with Department of Commerce for the City's Periodic
Update to its Comprehensive Plan - Authorize
K. Amendment #4 to Consultant Services Agreement with Robert Half
International, Inc., for IT Temporary Staff - Authorize
L. Consolidating Budget Adjustment Ordinance for Adjustments between
October 1, 2022, and November 30, 2022 - Adopt
M. Ordinance - Annual Housekeeping Amendments to Zoning Code and
Development Regulations - Adopt
N. Resolution Establishing Fee Rates for 2023 - Adopt
O. Agreement with EuroStage Mobile Stages - Authorize
P. Agreement with West Coast Concrete Restoration, LLC - Authorize
Q. Department of Commerce Grant Agreement for Quiet Zone Improvements
- Authorize
R. Reappointments to the Human Services Commission - Confirm
S. Appointments to the Kent Bicycle Advisory Board - Confirm
9. OTHER BUSINESS
A. Jail Food Services Agreement
10. BIDS
A. South 240th Street and Russell Road Transportation Improvement Board
Sidewalk Improvements Bid - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Collective Bargaining, as per RCW 42.30.140(4)(a)12
12. ADJOURNMENT
NOTE:A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
5.B
Administration
• Staff has been attending the Effective
Communication Training arranged by our
Race and Equity Manger Uriel Varela. The
training is being offered in two half day
sessions and is receiving favorable reviews
from staff.
• The City is seeing an uptick in COVID cases
which is consistent with trends in the area.
The City is also seeing an uptick in
seasonal non-COVID illnesses.
• The Public Works crews did an excellent job
in staying ahead of the recent snowy
weather in keeping our Kent streets clear
and cars moving. This is always a
monumental effort of preparing, organizing
and putting in long hours to keep the
community safe.
• As we move headlong into the holiday
season, I want to wish all of our staff, the
City Council, and the Kent Community
Happy Holidays and a Happy New Year. I
wish you all a safe, healthy and enjoyable
holiday season.
Clerk's Office
• During the month of November, the City
Clerk's office processed 74 contracts,
closed out 838 requests for public records
and processed 67 body worn camera
videos totaling 3,600 minutes of footage.
Economic & Community Development
In mid -November ECD welcomed Lindsay
Walker to the Current Planning team! She
comes to Kent from the city of Sandy Springs,
Georgia with a unique blend of municipal and
private sector experience and a degree in
environmental horticulture. Lindsay brings
may relevant skills to the team, including
environmental development review and
inspections, customer service, and code
compliance, among others. Please stop by and
say hello when you get a chance! Also please
note her email is LiWalker@kentwa.gov, as
there is already an LWalker in Parks.
On a different note, Current Planning Manager
Erin George will be leaving the City after a 17-
year career begun in Public Works but spent
predominantly in ECD. She leaves a wonderful
legacy here as a mentor and colleague and will
be missed by her team and collaborators
throughout the city.
Where could she go that would be better than
Kent? Well, its to her beloved Montana where
she went to university after growing up in
Oregon. Erin and her husband will move in
January to the city of Bozeman where Erin will
be the Deputy Director of Community
Development. It is a wonderful career
opportunity that will also bring Erin much
closer to family, including her parents, sister,
brother-in-law and young, but growing up
quickly, nieces. There will be a farewell
reception in Chambers in early January,
precise date and time to be announced.
Long Range Planning
Staff are accepting applications to fill two
vacancies on the land use and planning board.
The LUPB advises the City on important land
use issues including zoning code amendments,
development regulations and the
Comprehensive Plan, which is a 20-year vision
for growth and services in Kent. Residents can
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learn more and apply at
kentwa.gov/government/boards-commissions
Budget
• The Budget Group is working on year-end
activities, which include estimating fund
balances, Q4 budget changes, and
transfers.
Customer Service
• Customer Service has been working to
meet the requirements to obtain funding
from the Residential Customer Utility
Arrearages Grant Program from the
Department of Commerce. The team is
working on maximizing the funds available
to assist city customers with remaining
payment plan balances.
• Communication regarding the 2023 City
and King County utility rate increases was
included as an insert mailed out with the
November utility statements. Pursuant to
City Ordinance 4213, an increase of 9.5
percent will be applied to City water,
sewer, and storm drainage rates starting
on January 1, 2023. Also effective January
1, is a 5.75 percent increase to the King
County portion of the sewer bill.
Accounting and Reporting
• The General Ledger Team continues work
with the State Auditor's Office on the 2021
Financial and Single (Grant) Audits for the
City of Kent and the Kent Special Events
Center Public Facilities District. These
audits are anticipated to conclude no later
than December 15. The State Auditor's
Office will roll immediately into the 2021
Accountability Audit.
• It is hard to believe that the 2022 year-end
is rapidly approaching. Year-end training
was held on November 30 and December 1
for staff handling accounting -type activities
within departments.
Payroll
• There is a new option available within
Workday regarding electronic W-2s. As of
now, City employees may log in and
change their election to "W-2 Electronic
Only". This option will allow City
employees to receive their W-2 as soon as
they are finalized versus waiting for their
W-2 to be physically received at their
mailing address and potentially being lost,
damaged, or stolen.
Tax and Business Licensing
• There were 1,175 business and occupation
tax returns filed for the 3rd Quarter 2022
tax reporting period. This represents a
12% decrease from 3rd Quarter 2021 and
does not incorporate pending delinquent
tax returns.
• In mid -November the Tax Division issued
approximately 5,000 business license
relicensing notices. The 2023 Relicensing
Period opened on December 1, 2022.
• Andrea Madsen will be joining the Tax
Division as Tax Auditor effective January 3,
2023.
Workday
• Review/setup new Washington State
requirement to report SOC (Standard
Occupational Classification) code in the
2022 4th Quarter Tax Report
• Attended Workday Governance Model
workshop on 12/7
• Workday Issue Tracking 21/22 Year to date
240 (includes citywide and department
specific requests/issues):
o Total Closed 179
o Total Open in Progress 15
o Total Open 46
• Workday October Statistics:
0 7447 business process events initiated
during month
0 369 business process events that were
initiated by a manager during the
month
0 69 business processes completed
including new hires, terminations and
job changes
0 84 employee benefits business
processes completed during the month,
including retirement savings changes,
addition of dependents to an
enrollment, new enrollments, and
changes to eligibility
Benefits
• Processing Open Enrollment changes with
vendors for effective date of 1/1/23
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• Working with Employees and Managers on
protected leave cases and ADA
accommodations
Labor
• AFSCME and Teamsters negotiations
continue
• Review of non -represented employee job
descriptions in preparation for the
classification & compensation study
continues with HR and department
management
Recruiting
• Sergeant written exam on 12/15
• Building out the exercises for the Sergeant
assessment center
• Job fair at Kentridge High School on 12/14
Information Technology Projects
• Radix Replacement - to replace the existing
Radix Utility Meter Reading System as it is
no longer supported by the original Vendor
as of the end of 2021.
• Records Management System Deployment
- to deliver the replacement for the current
imaging system which consists of
Captovation/eCapture for scanning and
imaging, and Oracle IPM for image storage
and retrieval. Replacement of the aging
imaging system will also provide
opportunities for delivering enhanced
capabilities and efficiencies to the city in
areas such as a self-service web -based
portal to support public records requests,
electronic forms and process automation,
and review/clean-up of the existing
repository.
Information Technology operational support
for November 09, 2022 to December 06, 2022
• Number of tickets opened - 250
• Number of tickets closed - 350
Enterprise GIS
General:
• Normalization of address database for
various software implementations
• Working with Parks to help with GIS items
• Rebuilding GIS Kent GeoPortal for city
website
• Completing inventory of GIS core SDE data
citywide
• Auditing new 3D citywide building layer
against Nearmap building layer
• Working to complete preparation on the
rearchitect of GIS system implementation
started week of 11/14
• Assessing GIS Warehouse Task Force data
and standards
Weekly Customer Service Requests:
• Monthly GIS data update
• Providing customer support to help staff
connect to GIS data
• Managing Connect Explorer login access
• eGIS participating in citywide software
implementations and providing GIS support
• Logan Todd joined our office on November
16 as our newest Assistant City Attorney.
Logan came to us from the City of
Covington, Kentucky where he worked as
an Assistant City Solicitor. Logan has hit
the ground running and we're very
appreciative to have him as part of our
team. Welcome Logan!
• During the month of November, the
Criminal Division received a total of 208
cases from the Police Department for
review and filing of criminal charges. Of
those, 87 were for in -custody defendants
which necessitated rush filing the next
business day after arrest.
• Prosecutors covered 61 court calendars
during the month of November. On those
calendars, prosecutors prepared 1,442
cases spread across 916 defendants. Of the
916 defendants required to appear in
court, 146 of them failed to appear (16%
FTA rate).
• In November, prosecutors also attended
Community Court, which included 95 cases
across 64 defendants, though 21 of those
defendants failed to appear (33% FTA
rate).
• There were 117 cases set for jury trial in
November. Those cases included over 196
hours of body cam footage, most of which
were reviewed by prosecutors in advance
of trial. For comparison purposes, it would
take a single full-time employee more than
24 days to review this footage if they
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devoted eight hours per day to solely
watching body cam footage.
• Of the 117 cases set for trial in November,
two cases proceeded to trial. Victoria
Robben tried a case of assault in the fourth
degree involving a defendant who sprayed
the victim with mace. The defendant
claimed self-defense. After a several -day
trial, the jury returned with a guilty verdict.
Leif Drangsholt tried a case involving 11
criminal charges ranging from assault on a
police officer and obstruction to displaying
a weapon and indecent exposure. After a
multi -day trial, the jury returned with
guilty verdicts on seven of the eleven
charges, including the charge for the
defendant's assault on a police officer.
These were difficult trials for a variety of
reasons, and Victoria and Leif did an
excellent job representing our office.
• Attorneys from both the Criminal and Civil
Divisions assisted in training the Police
Department on the new ordinance Council
adopted regarding unlawful camping,
unlawful storage of camp facilities, unlawful
use of fires, and unlawful environmental
damage.
• Assisted the HR Department in a number of
sensitive employment and labor related
matters.
• Assisted City departments in reviewing and
negotiating contract terms for a number of
contracts related to construction,
technological, and development projects.
• Assisted outside counsel on a number of
cases currently in litigation.
• Worked with staff to acquire the property
rights necessary to complete various
projects throughout the City.
Recreation and Cultural Services
• Kent Parks & Recreation Teen Center held
its 8th Annual Community Thanksgiving
Dinner on Saturday, November 19. Three
hundred families and community members
gathered to enjoy a hot, delicious meal
thanks to all the generous donations and
local restaurant support. Plentiful food
satisfied every appetite and many families
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left with free Thanksgiving giveaways from
local partners and non-profit groups.
Everyone really enjoyed the event as a
whole and many specifically mentioned
how much they loved the beautiful
decorations and getting to sing along to a
variety of event -style karaoke songs. It
was truly a team effort with many thanks
to City of Kent Staff, our partners and
volunteers who made this year's feast so
special.
• Studio 315, a social club for persons with
disabilities held its holiday dinner and party
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on December 2. Seventy participants
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enjoyed a full meal, dessert, door prizes
and Christmas carols. It was a great way to
kick off the holiday season. Huge thanks
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to our partner, Quota of Kent Valley, for
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once again sponsoring this annual event.
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• The Kent Commons Holiday Bazaar
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returned December 2 - 3 after a COVID
hiatus. Several thousand shoppers visited
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60 vendors while enjoying festive
entertainment, food & beverages along
with free onsite parking.
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• The Magical Strings Celtic Yuletide Concert
has been a tradition in Kent for 36 years
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and is still going strong. This year's
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Spotlight Series show was completely sold
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out well before Thanksgiving, which is a
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record for recent history. A total of 360
people enjoyed the music, dance, and
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holiday traditions on Sunday, December 4
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at Kent -Meridian Performing Arts Center.
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• Kent Parks staff worked with staff and
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volunteers from Kent Station, the Kent
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Lions Club, and Kent Downtown
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Partnership to implement Winterfest, a
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month of holiday happenings. The focalcc
Winterfest event took place on Saturday,
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December 3 from 3:00 to 6:00 pm at Town
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Square Plaza. The event featured
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entertainment, community booths, Santa,
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a parade through historic downtown, and a
tree lighting at 5:30 pm. An excellent
turnout of approximately 1,000 people
enjoyed the event. Additional Winterfest
events included the Kent Commons Holiday
Bazaar on December 2 and 3, stories and
crafts at the Kent Library on December 3,
the Kent Downtown Partnership's Ugly
Sweater Wine Walk on December 3,
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Magical Strings Celtic Yuletide Concert at
Kent -Meridian Performing Arts Center on
December 4, and the Christmas Rush Fun
Run on December 10. Winterfest events
still ongoing are Santa photos, a giving
tree, and gingerbread station at Kent
Station from November 26 through
December 23.
• The 40th annual Christmas Rush 5K and
10K runs took place on Saturday,
December 10. As of December 1,
approximately 700 people were registered
to participate. Staff projects that 800
runners and walkers will have signed up by
race day.
• Artwork by Xin Xin and Andrea Lewicki will
be on display in the Centennial Center
Gallery through December 28. The gallery
is free and open to the public during
regular city business hours - 8 am to 5
pm, Monday through Friday.
• The Kent Senior Center hosted two holiday
luncheons celebrating Thanksgiving and
Christmas. Approximately 175 people
enjoyed each of these holiday meals.
Senior Center staff were thankful and very
appreciative for volunteers from the Police
Department and Fire Department who
served and cleaned up during each of these
events. Their presence makes it a special
and memorable day for attendees.
Facilities
• Driving Range Fire: repairs are complete.
IT is scheduling full restoration of their
system and we'll be 100% back to normal
operations.
• New signage for the Driving Range is
installed and looks very nice.
• Solar grant process for Senior Center is
underway. Timeline is 2023.
• The gym partition wall at Commons has
been removed and the new drop -down
curtain is scheduled to be installed in the
coming weeks.
• New wall padding for the Commons gym
started install on 12/5/22 and will be
completed this week. This was to replace
the old wood slatted walls.
• Courthouse and Corrections generator
project is going to be in a holding pattern
for a while as the new generator is
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expected to arrive in April 2023 at which
time it will be installed and commissioned.
• Police HQ Renovation is in the final phase.
Punchlist items are on -going until
completion.
• Senior Center Roof project started 11/7
and will be working through the next two
to three months until complete.
• IT Annex remodel is underway and making
great progress. The goal is still to be
completed by year end.
• Maintenance team has done a good job
with snow and ice response and we'll
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continue to be prepared for the weather.
• Contracted with Sazan to start the
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engineering and design for the new Police
HQ cooling tower.
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• Contracting with Elevator Consulting
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Services (ECS) for elevator modernizations
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at Centennial Center.
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• A new commercial walk-in refrigerator for
Corrections is approved. This has an
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extremely long lead time and we'll be
tracking it closely.
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• Driving Range smashed doors have a 6-
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month lead time. Order is placed and we're
tracking.
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• New fence and gates for the Commons
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back parking lot is underway and scheduled
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to be completed this month.
• Contracted with Burgess Design for Kent
Commons renovations. We conducted our
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design kick-off meeting last week and the
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project is moving forward.
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• Contracted with DLR Group for court room
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renovations.
• New blinds installed throughout the Senior
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Center.
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• New custodian, John Floyd, started on
11/16. Welcome John!
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Significant crime activities/arrests
/investigations
• On November 7, at 11:45 am, officers
responded to a carjacking that occurred at
the US Post Office located at 10612 SE
240th St. The victim had just parked her
vehicle when the suspect opened her door
and said, "Get out or I'm gonna shoot
you!" The suspect was armed with a
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handgun. The victim complied and the
suspect stole the vehicle. The victim's
vehicle was recovered around 1:30 pm by
Bellevue PD after the suspect carjacked
another victim and fled the area. At 2:00
pm, officers assisted Seattle PD regarding
another carjacking, this time the victim had
been shot by the suspect. The victim's
vehicle was being tracked near the
Wendy's located at 6331 S 212th St in
Kent. Officers responded, found the
vehicle, but it fled yet again. A pursuit
ensued and officers were able to capture
the suspect. Officers recovered property
belonging to the Bellevue victim and a
handgun. Seattle PD responded and took
custody of the suspect and vehicle.
On November 9, at 2:28 am, officers were
dispatched to an attempted carjacking at
the 7-Eleven located at 10255 SE 240th SE.
The victim went inside to pay for gas with
cash and on his way back to his vehicle he
was confronted by four suspects wearing
masks. One of the suspects pushed the
victim to the ground and they started to
assault him. The suspects were able to get
the victim's wallet which contained $600,
and the victim was able to escape the
assault by getting into his vehicle. The
suspects fled in a separate vehicle.
Detectives are investigating.
On November 9, at 3:46 am, officers were
dispatched to a shooting with no injuries
that occurred in the area of S 2515t St and
Washington Ave S. The victim, who was
armed security, had been following a
couple of suspects who he suspected were
car prowling within the Signature Point
Apartment complex. The victim was
wearing a uniform and driving a vehicle
which was clearly marked as Dauntless
Security. After following the suspect vehicle
for a short time, someone from the suspect
vehicle began to shoot at him. The victim
disengaged and was not hit. Detectives are
investigating.
On November 9, at 7:48 pm, officers
responded to a robbery that occurred at
the Chevron located at 18015 East Valley
Highway. The victim, an employee of the
store, was in the back stocking shelves
when the suspect entered the store. The
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victim went to the cash register and the
suspect pulled out a gun and robbed the
store. Detectives are investigating.
• On November 10, at 2:28 pm, officers
responded to a robbery with a gun at
Denny's located at 1246 Central Ave N. The
suspects had walked into the restaurant
and asked for the bathroom. The victim
showed them where it was, and when the
suspects returned, they both pointed guns
at the victim. They demanded the victim
open the cash register and took the money
inside. They also demanded to get into
their safe, but when they were told
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Denny's didn't have one, the suspects ran
out the front door. This robbery was also a
part of another robbery series, many that
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occurred this day, where the suspects hit in
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Renton, Tukwila, and King County
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jurisdictions.
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• On November 11, at 4:20 am, officers were
dispatched to a carjacking at Chandler's
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Bay Apartments. The victim had been
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communicating with a female for the past
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couple days on social media who asked him
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to come to the apartment complex to hook
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up. When he arrived, three male suspects
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contacted and assaulted him in the parking
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lot taking his keys and vehicle. The victim
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was injured and bleeding above his left
eye. Des Moines PD located the vehicle on
November 12, at 6:00 am. Unfortunately,
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the driver of the vehicle evaded capture
after fleeing on foot. Detectives are
investigating.
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• On November 11, at 6:09 am, officers were
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dispatched to a robbery at the Subway
located at 8433 S 212th St. Two suspects
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entered the restaurant and robbed those
inside. One of the victims had his wallet
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taken and the suspects took around $300
from the cash register. The suspects then
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fled. Detectives are investigating.
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• On November 11, at 9:52 pm, officers
responded to a robbery at the Chevron
located at 8315 S 212th St. The victim was
assisting a customer when two suspects
entered the store armed with handguns.
One suspect remained at the door pointing
his handgun at the clerk. The second
suspect went behind the counter and took
money from the register along with vape
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supplies. Both suspects then fled the area
in a vehicle. Detectives are investigating.
• On November 13, at 10:02 pm, officers
proactively found an Assault 1st degree
warrant subject in the 22400 block of
104th Ave SE. The suspect was listed in a
King County Sheriff's Office bulletin with a
$250,000 warrant. The subject was booked
into King County Jail.
• On November 13, at 3:19 pm officers
responded to an in progress residential
burglary in the 25100 block of 116th Ave
SE. The homeowner was not on scene but
saw security footage of someone kicking in
their back door. Three teenaged children
were home at the time of the burglary.
Officers confirmed entry had been made
and made immediate entry to check on the
children. The children were found safe, but
the suspects were gone. This was the
second burglary at this residence since
August. Marijuana grow equipment was
found in the garage, but no marijuana was
found. Detectives are investigating.
• On November 14, at 10:29 am, Officers
were dispatched to multiple 911 calls; a
missing child, someone having kidnapped
another's child, and a gun being involved.
Officers were able to work through multiple
involved and witnesses to reunite a child
and interview all involved. Through this it
was determined no crime had occurred.
• On November 15, at 3:57 am, officers were
dispatched to a home invasion robbery that
occurred in the 12000 block of SE 209th
St. The victims had been asleep when
three armed suspects forced entry to
conduct the robbery. The suspects targeted
money, purses, phones, wallets, airpods,
and marijuana. This robbery appeared to
match others that occurred in recent
months based on the MO and victim
demographics.
• On November 17, at 12:18 am, officers
responded to threats with a weapon at the
7-Eleven located at 10255 SE 2401h St. The
suspect came into the store and pointed a
handgun at the clerk. The suspect began to
demand the keys to his vehicle, but he said
he didn't have one. The victim offered for
the suspect to take the money from the
register, but the suspect continued to
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demand his vehicle keys. The clerk ran into
the back of the store and called 911. The
suspect fled on foot, and then
unsuccessfully tried to carjack a customer
before running southbound.
• On November 17, at 8:06 pm, officers were
dispatched to a hold up alarm which turned
out to be a robbery at the Chevron located
at 15209 SE 272nd St. Two suspects
entered the store and one of them pulled a
handgun on the clerk demanding money.
The suspect with the gun moved closer to
the register and when he reached to take
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money; the clerk tried to disarm the
suspect. The suspect pulled away and
again pointed the gun at the victim. The
second suspect ran which appeared to
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prompt the suspect with the gun to run
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instead of shooting the clerk. This robbery
E
matched a robbery that occurred prior in
°
the City of Renton.
• On November 18, at 12:02 pm, an officer
a
was flagged down by the victim of a
stalking within the Central Flats Apartment
V-
complex. The female victim requested
a
assistance with removing an airtag from
her vehicle. She told officers about her ex-
N
husband, what had been occurring and the
L
extraordinary lengths he had been taking
o
to stalk her. While searching for the airtag,
officers located a spent casing resting on
the windshield wipers which the victim was
N
shocked to see. A tow truck was called to
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pick up her vehicle in order to find the
E
airtag. Detectives are investigating.
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• On November 19, at 8:25 pm, officers were
T
dispatched to a shooting that occurred at a
U
residence in the 12000 block of SE 214th
c
St. No one was injured and the suspect(s)
m
fired at least 13 rounds into the occupied
.2
home. Detectives are investigating.
• On November 20, at 2:12 am, officers
c
responded to another home invasion
U
robbery, this time at a residence located in
the 13200 block of SE 273 Ct. The incident
involved three suspects, armed with
handguns, and targeting marijuana and
money. The incident matched the same MO
and victim demographics cited above.
• On November 20, at 7:16 am, officers were
dispatched to a stabbing in the 1200 block
of Weiland St. Officers located the victim
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Packet Pg. 10
5.6
who had been stabbed in the arm. The
victim provided vague information about
the incident, but claimed he was stabbed
near Kent Station. The victim was sent to
the hospital for further medical treatment.
Detectives are investigating.
On November 20, at 11:24 pm, officers
were dispatched to a shooting that
occurred inside an apartment within the
Phoenix Court Apartments. A group of
suspects kicked down the apartment door,
shot the victim in the ankle, and took his
cell phone. Detectives are investigating.
On November 21, at 8:27 pm, officers were
dispatched to an assault, which was a
robbery, at the AMC Theater located at 426
Ramsay Way. The female victim got off the
bus, went to a store within Kent Station
and was walking home with her purse and
groceries when the incident occurred. She
was by the parking garage when a male
suspect abruptly tried to take her purse
without saying anything. When the victim
resisted, the suspect hit the victim
repeatedly with a handgun across her head
causing a laceration. The victim was
transported to the hospital for
treatment. Detectives are investigating.
On November 21, at 10:48 pm, officers
were dispatched to a carjacking located
within the Benson Village Apartments. The
victim was bleeding from the head. The
victim's phone and vehicle were taken
during the attack, the phone was tracked
to the Phoenix Court Apartments and
officers recovered the vehicle unoccupied
near the leasing office. The victim stated
he went to the apartment complex (Benson
Village) after meeting someone online, was
asked to come to the parking lot, and when
he arrived; a male suspect with a handgun
assaulted him and took his belongings.
Detectives are investigating.
On November 22, at 3:36 pm, officers were
dispatched to a bank robbery at the US
Bank located at 10231 SE 240 St. Upon
arrival employees told officers that the
suspect came in and robbed the bank. No
weapon was seen. They provided officers
with a physical description and officers
located the suspect across the street with
the cash from the robbery.
• On November 22, at 4:13 pm, officers were
dispatched to a carjacking at iRyde Auto
Sales LLC located at 730 Central Ave N.
The suspects had taken one of the
businesses' vehicles and a shoot-out
between the suspects and employees
occurred. No injuries were reported. The
suspects were seen taking one of their
vehicles from their lot and employees gave
chase by driving another vehicle also taken
from the business lot. The suspects
eventually were blocked in traffic by other
vehicles and a school bus, so the
employees confronted the occupants. When
this occurred, someone from within the
vehicle began shooting at him so the
employee returned fire. The other
employee stated he heard gun fire and
decided to shoot out the suspect vehicle
tires. The stolen vehicle was later
recovered unoccupied in the 1100 block of
W Meeker St on November 25 and
impounded as evidence. Detectives are
investigating.
• On November 23, at 7:51 while Officers
were heading to an unrelated call in the
area, a vehicle fled from a collision at
Central and Willis. The vehicle temporarily
got stuck on the lane dividers at the
Burlington Northern tracks and was
spinning its wheels in attempt to break
free. The vehicle rolled backwards off the
tracks just prior to a train passing and was
pinned in by two patrol cars. The vehicle
continued to attempt to flee, spinning its
tires and creating a huge cloud of smoke.
The driver was not responding to
commands and eventually pepper balls
were deployed into the vehicle. The driver
attempted to flee on foot but was taken
into custody. The vehicle was determined
to be stolen and the driver appeared to be
seriously impaired by drugs.
• On November 23, at 12:22 pm, officers
were dispatched to a robbery at Farmer's
Insurance located at 419 1st Ave S. They
were advised that gunshots were heard,
and three subjects were seen running then
got into a vehicle and fled the scene. The
vehicle they fled in was reported stolen out
of Kent. The suspect vehicle pulled up to
the victims, got out, and immediately
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Packet Pg. 11
5.B
began to rob them of their belongings at
gunpoint. One suspect fired a round into
the ground during the process. The
suspects took the victims belongs, then ran
to their vehicle and fled the area. Officers
ended up locating the stolen vehicle a short
time later and a pursuit ensued. After
several minutes, the vehicle was forcibly
stopped, and all three suspects were taken
into custody. Three firearms were also
recovered.
On November 25, at 10:11 am, officers
responded to the Safeway located at 13101
SE Kent Kangley Road for a possible DUI. A
male had been slumped over the steering
wheel for over an hour with drug
paraphernalia in his lap. Terminators were
placed in front of both front wheels of the
vehicle. The driver woke up and refused to
comply with officer's commands to exit the
vehicle. The driver put the vehicle into
drive and drove over both Terminators
which deflated his tires. The vehicle fled
the parking lot, and a pursuit was
authorized based on reasonable suspicion
of DUI. The pursuit came to an end after a
successful PIT maneuverer was applied.
The suspect led officers on a short foot
pursuit but was apprehended, arrested and
booked into King County Jail for felony
eluding and DUI. This arrest is at least his
27th time being arrested by Police.
On November 28, at 12:28 pm, officers
were dispatched to a suspicious vehicle
parked in the front lawn of the reporting
party's vacant rental. Officers arrived on
scene and saw an adult woman passed out
at the wheel with burned foil in her lap.
Terminators were placed under all of the
tires. The female woke up and sped off
down the road with flat tires and collided
with a citizen's vehicle near Kent Meridian
High School. The suspect driver was taken
into custody as she ran into the parking lot
of Kent Meridian High School.
On November 28, at 6:34 pm, officers were
dispatched to a robbery involving a gun at
the 7-Eleven located at 18010 East Valley
Hwy. The suspect had been dropped off by
a white BMW sedan, then contacted the
victim after he pumped gas and took the
vehicle at gunpoint. The victim left his cell
phone in his vehicle, it was tracked to a
location in Sea Tac, and a subject matching
the suspect's description ran upon seeing
police. The suspect evaded capture and the
victim's vehicle was recovered. Detectives
are investigating.
• On November 29, at 12:52 am, officers
were dispatched to a shooting at a
residence in the 20600 block of 1015t Ave
SE. There were 15 adults and children
inside the residence when the incident
occurred. Approximately five rounds were
fired through the living room window and
one of the residents thought it might have
occurred due to their nephew frequenting
the residence after recently being released
from juvenile hall. No injuries were
reported. Detectives are investigating.
• On November 29, at 10:02 pm, officers
were dispatched to a robbery at the 7-
Eleven located at 18012 West Valley
Hwy. The victim was working the front
counter when two suspects entered the
store. The suspects were armed with
firearms and stole the money from the
cash register and cigarettes. Officers
reviewed the surveillance video and
identified the suspect vehicle which was
reported stolen out of Renton the day
prior. Detectives are investigating.
• On December 1, at 7:11 am, officers were
dispatched to a commercial burglary at
Harbor Freight Tools located at 18128 East
Valley Hwy. Officers found that the
suspects used a black SUV to ram the door
and steal what they could load into the
vehicle. Video surveillance was obtained
and Detectives are investigating.
• On December 2, at 10:34 am officers
responded to a reported DV assault
involving a man and his 16-year-old
nephew who reportedly had threatened his
uncle with a knife. Officers were confronted
with a convoluted and complex series of
accounts for what had happened when they
arrived on scene. There had been a long
and continuing history of behavioral issues
with the 16-year-old. Officers were able to
slow down and properly determine
probable cause existed for the Uncle, not
the child, for assault 4 DV. The uncle was
booked into the Kent Jail for DV Assault 4.
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Packet Pg. 12
• On December 3, at 1:12 am, officers were
dispatched to a commercial burglary at
C.A.R Firearms located at 6613 S 192"d PI.
A vehicle was used to smash in the front
window of the business. The owners
arrived and did not believe the suspect(s)
gained entry to their stockpile of
firearms. Detectives are investigating.
• On December 3, at 8:17 pm, officers were
dispatched to a robbery at the Shell gas
station located at 23953 104t" Ave SE. Two
masked suspects robbed the victim at
gunpoint taking the money from the
register and cigarettes behind the counter.
Detectives are investigating.
• On December 4, at 12:18 pm, officers were
dispatched to an attempted auto theft after
the vehicle owner found a suspect inside
their vehicle altering the ignition with
power tools. When confronted by the
vehicle owner, the suspect fled on foot. The
suspect was located hiding in bushes,
safely taken into custody and interviewed.
Suspect provided the arresting officer with
a full confession and was in possession of
the tools used in the theft attempt.
• On December 5, at about 9:49 pm, Officers
were dispatched to a carjacking at the
Highland Green Apartments, 23725 101s'
Ave S. The victim had just returned from
shopping and had backed into her parking
stall. She noticed a gray -colored sedan
(possibly a Honda) with no license plates,
parked nearby and a male wearing a puffy
jacket exiting the front passenger seat. The
subject pointed a gun at her and
demanded the keys to her vehicle which
she provided. The subject could not figure
out how to place the vehicle into gear and
ordered the victim to assist, which she did
fearing she would be shot otherwise. Her
vehicle, as well as the gray -colored sedan,
left going south on 102nd Ave SE toward SE
240t" St. An extensive area check was
conducted without locating the
vehicles. Detectives are investigating.
Survey
• Land Survey field staff are providing
staking at Clark Springs, 76t" Ave and for
5.B
the 2022 Overlay projects. Staff are also
mapping thirteen separate sites for the
Railroad Quiet Zone. Office staff are
preparing legal descriptions for the Railroad
Quiet Zone, King County Water Franchise
renewal and the Willis Street and 74t" Ave
intersection improvements.
• Public Works GIS staff continue updating
the storm vault & sewer assets and
entering as-builts. Staff have been
updating web applications for fire hydrants
and supporting Cityworks applications for
signs, sewer and sidewalk inspections.
a
Environmental
• S 228th Wetland Mitigation: staff continues
a
to work on designing the wetland
mitigation for this project. First draft of
;
mitigation report provided to Design Group
0
for review. Met with the consultant to
E
discuss project status. Site visit with
°
consultant being scheduled to assess the
site.
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• Drainage District #1: City prepared a
temporary access agreement with DD#1
for property along Springbrook Creek near
Q.
S. 192�d St. - being reviewed by the
W
District.
)
• Mayor's Homeless Task force/On-Call
Garbage Contract:
o
o Council allocated $200K for 2023 to
cover expenditures related to the
UPLIFT program, Signal Tech, and
N
Adopt-A-Street/Spot efforts.
o Staff met with PWO staff to discuss
E
priority cleanup areas and typical
w
hotspots to prepare for the Mayor's
Homeless Task Force meeting
(Wednesday, November 30) where data
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and updates were provided.
W
o The King County/UPLIFT NW
partnership litter cleanup program
continues to operate with daily cleanups
c
rotating between four locations
U
throughout the city. King County and
city staff have been meeting 1-2 times
a week to iron out details to maximize
safety and productivity for the UPLIFT
crew. Snowy and icy weather has
brought up scheduling questions.
■ The UPLIFT program is looking to
recruit more workers and therefore
create more teams to clean other
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Packet Pg. 13
5.6
areas. King County will use those
workers to clean areas of
unincorporated King County as well.
There also may be times when the
Kent crew is requested to work
areas outside of Kent, at the
expense of King County, and only
work within Kent 1-2 days a week
instead of the current 5 days a
week. This is good because it will
lengthen the time the crew can be
used locally.
o Staff continues to work with the
property owners who own vacant land
along 25t" Ave S in an effort to shorten
the road and deter illegal activities in
the dead-end area of the street near
McSorley Creek.
o Staff continues to work with PD and
PWO in identifying encampments and
updating the SeeClickFix system.
o Double checking budgets on
encampment cleanup and will
readvertise for bid sometime in 2023.
• Winterfest Event: the Winterfest event last
Saturday was a success. There was a great
turnout and many visitors to our booth to
learn about pollution prevention. The zero
poo picture board was a hit and was a
great opportunity to talk to people about
cleaning up after their pets.
• McElderry Property Demolition: asbestos
abatement took place during the week of
11/28. Demolition of the house, barn, and
sheds occured week of 12/5. Staff is
managing this demolition contract
immediately to the east of the Clark
Springs water supply facility to remove
potential pollutants and help protect the
Rock Creek/Clark Springs water supply.
Design
• Russell & S. 240t" Sidewalks: project
advertised 11/15. Bids opened 12/6. One
addendum issued 11/30. Apparent low
bidder is Active Construction Inc with a bid
of $1,943,943. Engineer's estimate is
$2,382,735.
• Rapid Rectangular Flashing Beacons: 90%
review comments received and are being
incorporated. Advertisement date shifted to
January to complete negotiations with
adjacent property owner.
• HSIP - Compact Roundabout at
108th/264th S: negotiations with property
owners is in progress. Team submitting
documents to WSDOT to obligate right-of-
way funds for easement procurement. 60%
Review comments were due 12/7.
• Railroad Quiet Zone: Fencing/
Channelization/Signing Projects: scope of
work with commerce has been finalized.
Working to complete pre -contract
requirements (readiness survey,
documentation of site control, insurance,
LEED form exemption and completed EO
21-02). Draft DAHP, cultural resource
work, completed. Sending to Tribe and
others. Coordination with utilities
underway. Design and construction to
advance quickly and expenditures
completed by mid-2023.
• 2023 Overlays: early 2023 advertisement.
60% review expected mid -December.
Team working to address complete street
request by Lake Meridian, funding for
rumble strips, and limits of work at S 196th
St and SR181.
• Willis and 74th intersection improvements:
60% review expected late November.
Preparing updated right-of-way plans for
submittal to WSDOT early December.
Discussed property acquisition with Puget
Sound Energy.
• Mill Creek/76th Ave S Culvert
Replacement: coordination continues with
King County Wastewater Treatment
Division regarding existing facility located
in roadway/fill section. Awaiting finalized
CORPS permit.
• Mill Creek Re-establishment: Little
property: preparing to meet with Mill Creek
Middle School staff regarding site
stormwater infrastructure. Reviewing utility
relocation design agreement.
• James Street Storm Improvements:
evaluating creek channel location to
optimize site and minimize utility conflicts.
Construction
• West Hill Reservoir: painting crews are
blasting the interior preparing for coating.
Interior plumbing work within the control
building ongoing.
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Packet Pg. 14
5.B
• Lake Fenwick Hypolimnetic Aerator
Improvements: start-up and special
inspections were done on 12/8.
• 76t" Avenue South - North Segment: Work
started 11/30, roadway in southbound only
condition until further notice. Working on
demo and tree removal east side of road.
Watermain work began on 12/8. Lumen
relocation began on 12/6 ahead of water
work.
• Prose Kent Station Apartments (425 Novak
Lane) - a connection to the existing water
main on Central Ave at Novak is scheduled
for 12/11.
Streets
• Street Maintenance performed hot patch
repairs on 3rd Ave S, W Meeker St and on
Riverview Blvd S, stripped forms,
backfilled, prepped for pour and poured
new sidewalk on W Meeker St and on S
208t" St, swept and cleaned shoulders on
132nd Ave SE, Russell Rd and at various
West Hill locations, repaired concrete for
utility repair, stripped forms and backfilled
sidewalk on 114t" PI SE and prepared the
plows and sanders for the upcoming winter
season.
• Signs and Markings replaced a sign using
the boom truck on Canyon Dr, moved an
overhead sign using the boom truck on SE
Kent Kangley Rd, repaired a sign on SE
277t" St, submitted locate requests for sign
installation on 801" PI S, took readings to
measure the reflectivity of signs for retro-
reflectivity on SE 240t" St, set bases and
replaced signs for retro-reflectivity on Van
De Vanter Ave, set bases and installed
signs on 80t" PI S, repaired an exit sign at
the off ramp on S 2771" St, inspected
thermoplastic and raised pavement
markers (RPM's) for replacement
throughout the City, picked up traffic
control from the winter festival event on
2nd Ave S, took inventory of signs and
updated in GIS and performed sign
maintenance at various locations Citywide.
• Solid Waste cleaned up debris in several
locations including along Pacific Hwy S, 80t"
PI S, SE 256t" St and along 251" Ave S.
• Water Vegetation mowed and line trimmed
multiple locations such as at Kent Springs,
Armstrong Springs, the 212t" treatment
plant, the 208t" well site, the West Hill
sites, the 3.5 tank, KEHOC and at Clark
Springs, including the Clark Springs facility,
gallery and cellular tower access road.
• Street Vegetation staff cleaned up leaves
and debris along Canyon Dr, SE 256t" St,
SE 208t" St and along Reith Rd, cleared
debris on Central Ave S and along rock
walls on SE 2691" St, hedged and cleared
debris on SE 226t" St, cleaned up leaves
and litter on all planted traffic islands
throughout the City, performed stump
grinding and met with contractors for tree
removals at various locations Citywide and
tested backflow assemblies for the Water
section.
• The Sidearms mowed on S 248t" St, 124t"
Ave SE, 116t" Ave SE, 77t" Ave S and on
Military Rd S. Crews also assisted the
Water Vegetation crew with debris cleaning
at various water sites, removed and
planted trees along Ramsay Way and at
the Blue Boy Pumpstation, removed tree
snags on 137t" Ave SE and removed
stumps on Central Ave N.
• Wetland Mitigation crews worked on
planting at the Hytek site and prepared for
planting at the Downey site.
Water
• Water staff have been continuing to work
through the distribution system flushing
dead end water mains. Fire hydrant repairs
continued for hydrants that have been
damaged from vehicle accidents and found
in need of repair from maintenance
operations. Our utility locators have been
training on a new locate software that goes
live on Monday, December 12t"
• Sewer staff have been cleaning lines on the
East Hill areas on SE 232nd St between
104t" Ave SE to 116t" Ave SE and on SE
269t" St between 108t" Ave SE to 114th
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5.6
Ave SE. They have also been performing a
storm system inspection for the Sound
Transit light rail project.
Source, Supply and Pumpstations
• Source and Supply staff replaced overhead
lights at the 212th treatment plant,
replaced the heater for the chlorine storage
room at Kent Springs, worked on
winterizing the pumpstations at various
locations Citywide, installed new well #3,
tested and placed it online at Kent Springs,
repaired the fence at Clark Springs,
ordered and replaced the booster pump at
Kent Springs, consulted with a contractor
on electrical upgrades at Pumpstation #5,
checked on the contractor demolition of the
McElderry property located east of Clark
Springs and pumped out the Pressure
Reducing Valve stations at various
locations Citywide.
• SCADA staff worked with Go-Tek on the
programmable logic controller
programming at Kent Springs, researched
new and/or reprogrammed the level
sensors for the 212th hypochlorite tanks,
followed up on contracts for the SCADA
and Radio upgrade projects, reset hour
meters and troubleshot amp meters on the
pumps at the Lindental pumpstation,
followed up with IT on naming the new
servers and prepared for the installation,
work on the James St Wonderware
programming for the remote control of the
Rotork valve, reviewed SCADA contracts
with RH2 engineering, tested the analog
signals of the Auma valves and control at
the 212th treatment plant, installed a new
caustic valve controller and reviewed the
programming for it at the East Hill well, set
up the 30-day power monitoring at Kent
Springs Plateau, worked with IT on
updating/replicating the new SCADA laptop
virtual boxes and worked with Greg from
Systems Interface on the programmable
logic controller and controls for the James
St pumpstation.
• Water Quality staff worked on the wellhead
data collection and monthly treatment
workorders for November and December,
compiled the November water treatment
reports and submitted them to the
Department of Health, collected quarterly
disinfection byproduct samples and
performed online treatment and offline site
and reservoir checks.
• Pumpstation crews recalibrated the
variable frequency drives and
programmable logic controller due to minor
glitches at the Lindental sewer
pumpstation, prepared the flat top (wet
well lid) for removal and replacement,
installed an entry switch and prepared new
pumps and volute for installation at the
Frager Pumpstation and performed wet
well cleaning at various locations Citywide.
Storm/Sewer/Drainage Vegetation
• Storm crews performed pond maintenance
at 25219 113th Ave SE, removed graffiti at
12722 SE 223rd Dr, dug a ditch at 26422
127th Ave SE and at 718 E Dean St,
removed leaves with Snuffy (the leaf
vacuum) on SE 256th St, Canyon Dr, Reith
Rd, 132nd Ave SE, Lake Fenwick Rd, Reiten
Rd and at 70th Ave S, placed quarry rock at
a drain on SE Kent Kangley Rd, cleaned
catch basins in preparation for Winter on E
James St, S 212th St, SE 256th St and on
the bridges on Washington Ave S and E
Meeker St, cleaned a culvert end at 10925
SE 259th St, installed an asphalt berm at
24104 41st Ave S, inspected control
structures at various locations citywide,
worked with signs section to set up the
traffic control trailer and organized and
prepared for inventory and performed
electrical work at the Vactor site. Crews
also performed National Pollutant
Discharge Elimination System (NPDES)
assessing on SE 2361h St, 96th PI S and on
96th Ave S and pumping on S 216th St,
1241h Ave SE and at the WinCo Hill on S
212th St.
• Wetland Maintenance worked on split rail
fence removal, installation and repairs for
Ramstead on 1081h Ave SE, Swan Court on
112th Ave SE and at the holding pond on
137th Ave SE, cleaned up tree debris at
Park Meridian on 144th Ave SE and
inspected wetlands for transient activity
and removed litter as necessary at Birk on
S 260th St, Maplewood Grove on 1081h Ave
SE, Redondo on 271h Ave S, Signal Electric
on 3rd Ave S, 72"d Ave Diversion Channel
on 72"d Ave S, Horseshoe Bend on 80th Ave
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5.B
S, the 1961h Corridor Wetland on S 1961h
St, Swan Court on 112th Ave SE, ShoWare
Center on W James St and at the GRNRA
bike path and south tower.
• Holding Pond crews mowed and line
trimmed at LID 336 on S 192nd St,
Winsberg Haven on SE 237th PI, Pacific Hwy
Pond on 21s' Ct S, Panther Lake #3 on SE
204th St, Ridge at Panther Lake on SE 196th
St, the SE 208th Phase 2 on SE 208th St,
Springbrook Hill on 122nd PI SE, Aston
Crest on SE 197th PI, Laurel Glen on SE
2091h Ct, the S 196th Corridor on S 196th St,
Megan's Meadow on SE 234th St, Matheson
Park on SE 222nd PI, Misty Meadows on SE
232nd PI, Crown Royal on SE 219th Pl,
Schuver Estates on 116th Ave SE, Cedar
Park on 117th Ave SE, Gage's Grove on
1251h PI SE, Ferncrest West A on 128th PI
SE, Ferncrest West B on 127th Ave SE, Fern
Crest Division 1 on 132nd PI SE and at
Meridian Glenn on 125th PI SE.
Fleet/Warehouse
• The Warehouse crew continued to assist
with CDL training, maintained the shops
yard, keeping it clean and free of litter and
debris, cleaned and maintained the wash
rack, washed and vacuumed motor pool
vehicles, issued personal protection
equipment (PPE's) and motor pool vehicles
to staff and hydrant meters and public
notice boards to contractors, repaired small
equipment as needed, received parts and
inventory orders, hauled spoils as time and
equipment were available and continued to
lock and unlock the gates in the employee
south parking lot at the beginning and
close of the work day.
• Fleet staff worked on ordering, receiving
and setting up new vehicles, new vehicle
builds, mower repairs, received repaired
vehicles and sent out damaged vehicles to
body shops for repairs, prepared vehicles
for auction, built a chipper box for the
Parks Department, inspected vehicles for
any damages after the snow and ice work
on roadways, prepared trucks, sanders and
plows for the upcoming winter season and
worked on scheduled and non-scheduled
maintenance and repairs.
Page 14 of 14
Packet Pg. 17
6.A
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Public Hearing on a Resolution for the Surplus of The
Bridges Wetlands Property — Adopt
MOTION: I move to adopt Resolution No. 2053, that declares Sensitive
Area Tracts B, I, Y, and TT of the Bridges plat/PUD as surplus.
SUMMARY: The Bridges neighborhood is a 155-acre non-contiguous part of Kent
located in the Lea Hill neighborhood of Auburn. This neighborhood was created as a
plat/Planned Unit Development (PUD) that was approved by the City of Kent and
recorded with King County in 2007. It is currently developed with 386 homes and
four parcels for future development that are located in the southern portion of the
site.
Sensitive Area Tracts B, I, Y, and TT of the Bridges plat/PUD were created and
dedicated to the City of Kent through recording of the Bridges plat/PUD.
Together, the four Sensitive Area Tracts are approximately 59.25 acres. The
Sensitive Area Tracts were established to protect wetlands and associated buffers in
accordance with Kent's Critical Areas Ordinance that was effective when the Bridges
plat and PUD were submitted to the City in 2004. The "Sensitive Areas Tract
Easement" recorded on the face of the Bridges plat/PUD contains broad limitations
against future development or disturbance of vegetation within these tracts.
The Sensitive Area Tracts are no longer needed for City purposes, and declaring the
tracts surplus may facilitate potential de -annexation of the Bridges neighborhood by
the City of Kent and its annexation to the City of Auburn. While annexations
typically transfer ownership of publicly -owned tracts to the receiving city, Auburn
does not wish to take ownership of these tracts.
The required wetland protection measures and maintenance responsibilities that
apply to the tracts will not change if the property is transferred to another entity in
the future. Instead, the protections run with the land and will be the obligation of
any future owner. At this time, Oakpointe has indicated a willingness to take
possession of the Sensitive Area Tracts, if the tracts are declared surplus and the
City elects to proceed with a property transfer in the future.
BUDGET IMPACT: None.
Packet Pg. 18
6.A
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Bridges Wetland Surplus (PDF)
Packet Pg. 19
6.A.a
RESOLUTION NO. 2053
A RESOLUTION of the City Council of the City
of Kent, Washington, declaring approximately 59.25
acres of land within The Bridges Planned Unit
Development surplus to the City's needs.
RECITALS
A. The Bridges neighborhood is a 155-acre non-contiguous part of
Kent located in the Lea Hill neighborhood of Auburn. It is generally bound to
the east by 124th Ave SE, on the west by 118th Ave SE, on the north by SE
288th Street and on the south by SE 304th Street.
B. This neighborhood was created as a plat/Planned Unit
Development ("PUD") that was approved by the City of Kent and recorded
in 2007 under King County Recording Number 20071220000095. It is
currently developed with 386 homes and four parcels for future development
that are located in the southern portion of the site.
C. Sensitive Area Tracts B, I, Y, and TT of the Bridges plat/PUD `i
ch
were created and dedicated to the City of Kent through recording of the
a
Bridges plat/PUD ("the Property"). The Property to be declared surplus is
depicted in the attached and incorporated Exhibit A. c
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D. Together, the four tracts that make up the Property total about
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59.25 acres.
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The Bridges Wetlands Surplus - E
Resolution
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Packet Pg. 20
6.A.a
E. The Sensitive Area Tracts were established to protect wetlands
and associated buffers in accordance with the City of Kent's Critical Areas
Ordinance that was effective when the Bridges plat and PUD were submitted
to the City in 2004. The "Sensitive Areas Tract Easement" recorded on the
face of the Bridges plat/PUD contains broad limitations against future
development or disturbance of vegetation within these tracts.
F. The Sensitive Area Tracts are no longer needed for city
purposes in their entirety. Declaring the property surplus may facilitate
potential de -annexation of the Bridges neighborhood by the City of Kent to
the City of Auburn. While annexations typically transfer ownership of publicly
owned tracts to the receiving city, Auburn does not wish to take ownership
of these tracts.
G. The required wetland protection measures and maintenance
responsibilities will not change if the property is transferred to either a public
or private entity, but such limitations will run with the land and be the
obligation of any future owner. At this time, Oakpointe has indicated a
willingness to take possession of the Sensitive Area Tracts, if the Property is
declared surplus.
H. RCW 35A.11.010 authorizes the City to convey or otherwise
dispose of real property for the common benefit.
I. Chapter 3.12 of the Kent City Code requires that the City hold
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a public meeting and receive public comment when property is considered a
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for surplus. cn
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The Bridges Wetlands Surplus - E
Resolution
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Packet Pg. 21
6.A.a
J. After giving timely notice, the City Council held a public hearing
on December 13, 2022, at a regularly scheduled City Council meeting and
invited comments regarding the City's intention to surplus the Property.
K. Staff consulted with the City's State Environmental Policy Act
(SEPA) Responsible Official who issued a Determination of Nonsignificance
for this action on November 4, 2022. No appeals to this decision were filed.
L. Having complied with the applicable procedural requirements
to declare the Property surplus, the City Council has determined that it is
appropriate and timely to surplus the Property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Recitals Incorporated. The foregoing recitals are
incorporated into the body of this resolution and constitute the findings of
the Kent City Council on this matter.
SECTION 2. - Public's Best Interest. It is in the public's best interest
c
that the City declare the property surplus, which is the first step needed
a�
before the Property can be considered for possible transfer to another entity, _
including Oakpointe. If the City were to transfer the Property in the future, ;
a
it would remain subject to the limitations and protections secured by the
00
plat/PUD's Sensitive Areas Tract Easement.
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7
SECTION 3. - Surplus Declaration. After giving timely notice as
required by KCC 3.12.050, a public hearing was held on December 13, 2022, -0
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at a regular meeting of the Kent City Council to evaluate whether the
Property depicted in the attached and incorporated Exhibit A should be
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declared surplus. Having given due consideration, the City Council declares -a
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The Bridges Wetlands Surplus - E
Resolution
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Packet Pg. 22
6.A.a
as surplus the Property, depicted in Exhibit A, totaling approximately 59.25
acres in size.
SECTION 4. - Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 5. - Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TAM MY WHITE, CITY ATTORNEY
M
12/13/2022
Date Approved
12/13/2022
Date Adopted
The Bridges Wetlands Surplus -
Resolution
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Packet Pg. 23
6.A.a
SE 2 86th St
286th PI
SF 288th St
'h St w
:90th PI
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3E 294th St
3E 297th,� Auburndale
Two Park
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SE 304th St
DRAFT
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Figure 1: Approximate location of Bridges Sensitive Area Tracts B.I Y and TT
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Packet Pg. 24
8.A.1
Date:
Time:
Place:
I.
KENT
WAS M IN G 7 0 N
November 15, 2022
5:19 p.m.
Chambers
CALL TO ORDER
Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
November 15, 2022
Attendee Name AL
Bill Boyce
Brenda Fincher
Satwinder Kaur
Title
Council President
Councilmember
Councilmember
Status Arrived
Present
Present
Present
Marli Larimer
Councilmember
Present
Zandria Michaud
Councilmember
Present
Toni Troutner
Councilmember
Present
Les Thomas
Councilmember
Mayor
Present
Present
Dana Ralph
II. PRESENTATIONS
1 Meet Me on Meeker
Chad Bieren 30 MIN.
Public Works Director, Chad Bieren presented the Council with an update on
the Meet Me On Meeker corridor. Bieren reviewed the segment by segment
implementation plan that included projects completed with private, grant and
local funding. Bieren talked about the segment that is on the PSRC TAP
Contingency list, as well as a WSDOT grant that was applied for and is
pending for 2022. Bieren talked about the segment related to the Move
Ahead Washington grant, in addition to the Thompson to Interurban Trail
section that received a $6M award from the PSRC.
Bieren focused on detailing the two options for the segment in front of Kent
Elementary. Bieren advised Option #1 (Approved Meeker Street alternate)
would be at an estimated cost of $2M, and Option #2 (Meet Me On Meeker
Standard) at an estimated cost of $3.5M. The full council expressed their
support of moving forward with Option #2 - the Meet Me On Meeker
Standard for the section in front of Kent Elementary.
Meeting ended at 5:36 p.m.
K&mby Ley A. K&m c to -
City Clerk
Packet Pg. 25
8.A.2
KENT
WAS M IN G 7 0 N
Date:
November 15, 2022
Time:
7:00 p.m.
Place:
Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
November 15, 2022
Attendee Name _JL Title Status
Dana Ralph Mayor Present
Bill Boyce Council President Present
Arrived
Brenda Fincher
Councilmember
Present
Satwinder Kaur
Councilmember
Present
Marli Larimer
Councilmember
Present
Toni Troutner
Councilmember
Present
Les Thomas
Councilmember
Present
Zandria Michaud
Councilmember
Present
3. AGENDA APPROVAL
Council President Boyce moved Consent item 'IT" to Other Business Item "B."
A. I move to approve the agenda as amended.
RESULT: AWARD [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
Proclamation for Small Business Saturday
Mayor Ralph presented the Proclamation for Small Business Saturday to Kent
Downtown Partnership Past President, Samantha Smith. Smith invited the
public to participate in Small Business Saturday.
ii. Proclamation for Holodomor Remembrance Day
Mayor Ralph presented the Proclamation for Holodomor Remembrance Day to
Valeriy Goloborodko, member of the Honorary Counsel of Ukraine.
Goloborodko accepted the Proclamation and expressed words of appreciation
of the Proclamation.
Packet Pg. 26
8.A.2
Kent City Council City Council Regular Meeting November 15, 2022
Minutes Kent, Washington
iii. Proclamation for Transgender Day of Remembrance
Mayor Ralph presented the Proclamation for Transgender Day of
Remembrance to Tepatasi Vaina and Adrianna Suluai, from Utopia. Vaina
expressed appreciation for the Proclamation.
iv. Remembrance Gallery - Japanese American Citizens League
Eileen Yamada Lamphere, from the Puyallup Valley Chapter of the Japanese
American Citizens League provided information on the Remembrance Gallery
that will be built at the Washington State Fairgrounds. Through the creation
of the Remembrance Gallery, the Japanese Americans in the White River r
Valley, specifically Kent, will be honored and the lessons of their c
incarceration will not be lost in the future.
4-
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V. Appointment to the Civil Services Commission
Mayor Ralph recommended appointment of Bruce Weissich to the Civil 0
a
Service Commission.
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vi. Reappointment to the Land Use and Planning Board
a
Mayor Ralph recommended reappointment of Dione Dittmar to the Land Use g
and Planning Board.
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vii. Recognition of Graduates of the Kent 101 Civics Academy cm
Mayor Ralph recognized the recent graduates of the Kent 101 Civics r
Academy. >
Tracy Taylor expressed appreciation of the 13 graduates and invited the
public to sign up for the next Kent 101 that begins in February/March of
2023.
B. Community Events
Council President Boyce advised of upcoming events at the accesso ShoWare
Center.
Councilmember Fincher advised of upcoming Spotlight Series Events and the
Thanksgiving dinner at the Kent Phoenix Academy on November 191"
Councilmember Michaud advised of the Conservation Day event on
November 19t" at 9 a.m. at Morrill Meadows Park.
C. Public Safety Report
Assistant Chief Stansfield presented the Public Safety Report.
Mayor Ralph recognized Assistant Chief Matt Stansfield for his recent
promotion to Assistant Chief.
Stansfield recognized David Kallir for his promotion to Sergeant and Jason
Page 2 of 9 Packet Pg. 27
8.A.2
Kent City Council City Council Regular Meeting
Minutes
Bishop for his promotion to Commander.
Stansfield provided brief backgrounds
Medalla and Christopher McCallen.
swearing ins.
November 15, 2022
Kent, Washington
on new officers Isaiah Munoz, Travis
Mayor Ralph performed the official
Stansfield updated the Council on recent Police emphasis at Lowe's Home
Improvement that resulted in 11 arrests and at the Fred Meyer on South
240th that resulted in 20 arrests.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph serves as the chair of the Transportation Policy Board the Puget
Sound Regional Council. The Council continues to work on climate regarding
the Regional Transportation Plan, reviewed the annual report relating to
Transit Integration - how transit agencies are working together. Additionally,
the Board received a presentation on project tracking.
Mayor Ralph serves on the South King County Transportation Policy Board
that recently heard from Metro on their Strategic Plan and their dashboard.
Mayor Ralph serves on the Regional Policy Committee that received a
presentation on the proposed ballot measure for the Crisis Receiving Centers.
Mayor Ralph talked about her visit to Martin Sortun Elementary's celebration
of Astronaut Audrey Powers.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Pat Fitzpatrick advised his written report is
included in today's agenda packet and there is an Executive Session
regarding Collective Bargaining that is expected to last for 20 minutes, with
no action following the session.
C. Councilmembers' Reports
Council President Boyce serves as the chair of the City's Operations and
Public Safety and provided a recap of today's agenda items.
Boyce serves as the chair of the City Council Workshop and provided an
overview of today's presentation on the Meet Me on Meeker project.
Councilmember Michaud serves as the Council Liaison for the Kent Human
Services Commission that recently discussed the recommendations for the
Opportunity Fund. The Commission decided on an interview process and are
discussing recommendations. The Commission is also continuing discussion
on population -specific programs.
Page 3 of 9 Packet Pg. 28
8.A.2
Kent City Council City Council Regular Meeting November 15, 2022
Minutes Kent, Washington
Michaud serves as the Chair of the Parks and Human Services Committee
and provided an overview of the agenda items from the recent meeting.
Councilmember Kaur serves on the King County Domestic Violence Initiative
Task Force that received a presentation from "Project Be Free" that provides
crises response to individuals affected by domestic violence.
Councilmember Troutner serves as the Chair of the City's Economic and
Community Development Committee and provided a recap of the recent
agenda items.
Councilmember Thomas serves on the Puget Sound regional Fire Authority —
that will meet on December 7th.
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Councilmember Fincher serves as the Chair of the City's Public Works a
Committee and provided an overview of the recent agenda items. Q
6. PUBLIC HEARING
None.
7. PUBLIC COMMENT
Joe Kunzler, a resident of Skagit County provided public comment regarding
Mayor Ralph's work on the Puget Sound Regional Council.
Megan Henry, a civics student, requested additional street lighting on South
240t" Street.
Jayden Phillips, a civics student, requested additional non -denominational
homeless shelters.
S. CONSENT CALENDAR
I move to adopt Consent items A - T.
RESULT:
MOVER:
SECONDER:
AYES:
APPROVED [UNANIMOUS]
Bill Boyce, Council President
Les Thomas, Councilmember
Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
A. Approval of Minutes
City Council Meeting - City Council Regular Meeting - Nov 1, 2022 5:00 PM
B. Payment of Bills - Authorize
Page 4 of 9 Packet Pg. 29
8.A.2
Kent City Council City Council Regular Meeting
Minutes
November 15, 2022
Kent, Washington
MOTION: I move to authorize the payment of bills received
through 10/31/22 and paid on 10/13/22 and approve the
checks issued for payroll 10/16/22 - 10/31/22 and paid on
11/4/22, all audited by the Operations and Public Safety
Committee on 11/1/22.
C. Accept the South 212th Street Preservation Project - 72nd
Avenue South to 84th Avenue South (East Valley Highway) as
Complete - Authorize
MOTION: I move to authorize the Mayor to accept the South
212th Street Preservation - 72nd Avenue South to 84th Avenue
South (East Valley Highway) Project as complete and release
retainage to Lakeside Industries, Inc. upon receipt of standard
releases from the State and the release of any liens.
D. Accept the South 224th Street Wetland Mitigation and
Remediation Project as Complete - Authorize
MOTION: I move to authorize the Mayor to accept the South
224th Street Projects Wetland Mitigation and Remediation as
complete and release retainage to OMA Construction, Inc. upon
receipt of standard releases from the State and the release of
any liens.
E. Appointment to the Civil Service Commission - Confirm
MOTION: I move to confirm the Mayor's appointment of Bruce
Weissich to fulfill the remainder of the six -year term on the
Civil Service Commission that was previously filled by Callius
Zaratkiewicz. This term will be effective November 16, 2022
and expire on April 30, 2026.
F. Reappointment to the Kent Land Use and Planning Board -
Confirm
MOTION: I move to confirm the Mayor's reappointment of
Dione Dittmar to a second and final three-year term on the
Land Use and Planning Board that will end on December 31,
2025.
G. Comprehensive Plan Amendment - 2023-2028 Capital
Improvement Program - Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4445, amending the
Capital Facilities Element of the Kent Comprehensive Plan to
include the 2023- 2028 Capital Improvement Program.
H. Comprehensive Plan Amendment and Updated Impact Fees -
Puget Sound Regional Fire Authority's 2023-2028 Capital
Improvement Plan - Ordinance - Adopt
Page 5 of 9 Packet Pg. 30
8.A.2
Kent City Council City Council Regular Meeting
Minutes
November 15, 2022
Kent, Washington
MOTION: I move to adopt Ordinance No. 4446, amending the
Capital Facilities Element of the Kent Comprehensive Plan by
adopting the Puget Sound Regional Fire Authority's 2023- 2028
Capital Improvement Plan, including updating the Fire Impact
Fees.
I. Comprehensive Plan Amendment - Kent, Auburn, and Federal
Way School Districts' 2023-2028 Capital Facilities Plans -
Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4447, amending the
Capital Facilities Element of the Kent Comprehensive Plan by
adopting the Kent, Auburn, and Federal Way School Districts'
2023-2028 Capital Facilities Plans.
J. Updated School Impact Fees - Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4448, amending
Sections 12.13.160 and 12.13.170 of the Kent City Code to
adjust the school impact fee schedules for the Kent, Auburn,
and Federal Way School Districts.
K. Tax Code Amendments - Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4449, amending
sections 3.18.020, 3.28.010, and 3.28.130 of the Kent City Code
to revise the fund allocations for tax revenue generated from
the City's tax on water, sewer, and drainage utilities, and to
remove limitations on the allocation of revenue generated from
the City's B&O tax and square footage tax.
L. Property Tax Levy Ordinance - Adopt
MOTION: I move to adopt Ordinance No. 4450, approving the
property tax levy ordinance for the 2023 budget.
M. 2023 South King Housing and Homelessness Partners Work
Plan and Operating Budget - Authorize
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 South King Housing and
Homeless Partnership executive board on August 19, 2022.
N. 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 state sales tax, through the
cooperative purchasing agreement the King County Directors'
Association has with Musco Sports Lighting, LLC.
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Page 6 of 9 Packet Pg. 31
8.A.2
Kent City Council City Council Regular Meeting November 15, 2022
Minutes Kent, Washington
O. 2023 Water Treatment Chemical Supply Goods & Services
Agreement with Northstar Chemical, Inc - Authorize
MOTION: I move to authorize the Mayor to sign the 2023 Water
Treatment Chemical Supply Agreement with Northstar
Chemical, Inc. for water treatment supply chemicals, in an
amount not to exceed $217,520, subject to final terms and
conditions acceptable to the City Attorney and Public Works
Director.
P. King County Flood Control District - Cooperative Watershed
Management Grant - Authorize
MOTION: I move to authorize the Mayor to sign the King
4-
County Cooperative Watershed Management Grant Agreement,
in the amount of $289,941, subject to final terms and
>
conditions acceptable to the Public Works and Parks Directors
a
and City Attorney.
Q
Q. Compost Procurement Ordinance - Adopt
a
MOTION: I move to adopt Ordinance No. 4452, amending
g
Chapter 3.70 of the Kent City Code to add a new Section
3.70.055 entitled "Procurement of Compost" to comply with a
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new state law requiring the City to plan for the use of compost
N
in its projects.
r
R. 2022 Asphalt Overlays Traffic Calming Change Order -
Z
Authorize
o
MOTION: I move to authorize payment of additional costs in
excess of the Mayor's authority for the contract with Lakeside
Industries, Inc., to complete the 2022 Asphalt Overlays,
including additional traffic calming measures, subject to final
terms and conditions acceptable to the Public Works Director
and City Attorney.
S. 2023 Legislative Agenda - Adopt
MOTION: I move to adopt the City of Kent's 2023 state
legislative agenda.
T. Resolution Against Hate - Adopt
MOTION: I move to adopt Resolution No. 2051, which
denounces hate, reaffirms Kent's commitment to be a safe,
welcome, and equitable community for all, and encourages
community members to report discrimination and hate -based
crimes.
9. OTHER BUSINESS
A. Ordinance Adopting the 2023-2024 Biennial Budget - Adopt
Page 7 of 9 Packet Pg. 32
8.A.2
Kent City Council City Council Regular Meeting
Minutes
November 15, 2022
Kent, Washington
Finance Director, Paula Painter provided an overview of the 2023-2024
Biennial Budget.
Mayor Ralph expressed appreciation for everyone's work on the budget, as
did Council President Boyce.
MOTION: I move to adopt Ordinance No. 4451, adopting the
2023-2024 biennial budget.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
B. Independent Salary Commission Ordinance — Adopt
City Attorney, Tammy White provided a recap of the Independent Salary
Commission Ordinance that was presented to the Operations and Public
Safety Committee.
Because the Committee did not pass the Ordinance unanimously, this item
was placed on Other Business for this Council Meeting.
Council President Boyce spoke in support of the motion.
Councilmember Troutner spoke in support of the motion.
Councilmember Kaur spoke in opposition of the motion.
Councilmember Larimer spoke in opposition of the motion.
MOTION: I move to adopt Ordinance No. 4454, amending the
Kent City Code to establish an Independent Salary Commission
to review and set the salaries of the Mayor and members of the
City Council.
RESULT:
MOTION PASSES [5 TO 2]
MOVER:
Bill Boyce, Council President
SECONDER:
Les Thomas, Councilmember
AYES:
Boyce, Fincher, Troutner, Thomas, Michaud
NAYS:
Kaur, Larimer
10. BIDS
A. 2022 Sanitary Sewer Cured -in -Place Pipe Lining Bid - Award
Public Works Director, Chad Bieren provided a review of the Sanitary Sewer
Cast in Place Pipe Lining Bid and recommended awarding to Instuform, LLC.
Page 8 of 9 Packet Pg. 33
8.A.2
Kent City Council City Council Regular Meeting
Minutes
RESULT:
MOVER:
SECONDER:
AYES:
November 15, 2022
Kent, Washington
MOTION: I move to award the 2022 Sanitary Sewer Cured -
Place Pipe Lining Project to Insituform Technologies, LLC in the
amount of $740,289.28 and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
MOTION PASSES [UNANIMOUS]
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Boyce, Fincher, Kaur, Larimer, Troutner, Thomas, Michaud
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
At 8:36 p.m., the Council went into Executive Session
At 8:56, the Council reconvened into regular session.
A. Collective Bargaining, as per RCW 42.30.140(4)(a)12
12. ADJOURNMENT
With no action following Executive Session, Mayor Ralph adjourned the
meeting.
Meeting ended at 8:56 p.m.
KbwLl�,e,rLey A. Ko-vvwto-
City Clerk
Page 9 of 9 Packet Pg. 34
8.B
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills received through
11/15/22 and paid on 11/15/22; approve the checks issued for payroll
11/1/22-11/15/22 and paid on 11/18/22; approve the payment of bills
received through 11/30/22 and paid on 11/30/22; and approve the checks
issued for payroll 11/16/22 - 11/30/22 and paid on 12/5/22, all audited
by the Operations and Public Safety Committee on 12/7/22.
Packet Pg. 35
8.6
Approval of payment of the bills received through:
11/15/22
and paid 11/15/22
Approval of checks issued for Vouchers:
Date Document Numbers
Amount
11/15/22 Wire Transfers 9449 9472
$2,478,298.99
11/15/22 Regular Checks 765435 765777
$5,310,964.20
11/15/22 Payment Plus 104626 104661
$316,851.67
Void Checks
($25.00)
Void Payment Plus
($166,592.32)
11/15/22 Use Tax Payable
$3,052.51
Total Accounts Payable:
$7,942,550.05
Approval of checks issued for Payroll:
11101/22-11/15/22
and paid 11/18/22
Date Document Numbers Amount
11/18/22 Checks $2,176,570.53
Voids and Reissues $0.00
11/18/22 Ad\,ices FR&P 463469 463476 $5,931.10
Total Payroll: $2,182,501.63
Approval of payment of the bills received through: 11/30/22
and paid 11/30/22
Approval of checks issued for Vouchers
Date
Document Numbers
Amount
11/30/22
Wire Transfers 9473 9484
$2,034,108.04
11/30/22
Regular Checks 765778 766130
$6,147,956.91
11/30/22
Payment Plus 104662 104685
$127,334.78
Void Checks
$0.00
Void Payment Plus
($31,421.38)
11/30/22
Use Tax Payable
$1,619.94
Total Accounts Payable:
$8,279,598.29
Approval of checks issued for Payroll:
11116/22-11/30/22
and paid 12/05/22
Date Document Numbers Amount
12/05/22 Checks $2,923,821.39
Voids and Reissues $0.00
12/05/22 Ad\,ices FR&P 463477 463484 $5,931.10
Total Payroll: $2,929,752.49
Packet Pg. 36
8.B
12/06/22
Operations and Public Safety Committee MOTION
PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER:
Brenda Fincher, Councilmember
SECONDER:
Toni Troutner, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 37
8.0
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Excused Absence for Councilmember Michaud - Authorize
MOTION: I move to approve an excused absence for Councilmember
Michaud for the December 13, 2022, City Council meeting.
SUMMARY: Councilmember Michaud is unable to attend the City Council meeting
of December 13, 2022, and has requested an excused absence.
BUDGET IMPACT: None.
Packet Pg. 38
8.D
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Accept the Kent Springs Well #3 Component Replacement
and Installation Project as Complete - Authorize
MOTION: I move to authorize the Mayor to accept the Kent Springs Well #3
Component Replacement and Installation Project as complete and release
retainage to Gary Harper Construction, Inc. upon receipt of standard
releases from the State and the release of any liens.
SUMMARY: This project included procurement and installation of a new pump, re-
installation of a repaired motor, and installation of related appurtenances. The work
repaired the well, enabling it to run at full operating capacity.
The final contract total paid was $173,604.18 which is $13,764.00 under the
original contract amount of $187,368.18.
BUDGET IMPACT: The project was paid for using monies from the Water Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 39
8.E
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Accept the 2021 Watermain Replacement Project as
Complete - Authorize
MOTION: I move to authorize the Mayor to accept the 2021 Watermain
Replacement Project as complete and release retainage to Northwest
Cascade, Inc. upon receipt of standard releases from the State and the
release of any liens.
SUMMARY: This project replaced existing watermains on East Titus Street and East
Saar Street, along with construction of a new water main on Veterans Drive, just
east of Military Road. The contract also included replacement of storm pipe
systems, sidewalk curb ramps, pavement and other related work items necessary
to restore affected infrastructure.
The final contract total paid was $882,876.87 which is $34,383.85 under the
original contract amount of $917,260.72.
BUDGET IMPACT: The project was paid for using monies from the Water Fund and
Drainage Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 40
8.F
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Second Amendment to Interlocal Agreement with Maple
Valley for Municipal Court Services — Approve
MOTION: I move to authorize the Mayor to sign a contract amendment that
extends Kent's interlocal agreement with Maple Valley for municipal court
services, for three years, with an option to renew for another three years
thereafter, at a cost of $207,856.08 per year, which amount will be
adjusted annually by CPI, up to a maximum increase of 50/o per year,
subject to final terms and conditions acceptable to the Court Administrator
and City Attorney.
SUMMARY: The City of Kent has been providing Maple Valley with access to a
courtroom and associated municipal court services since 2013. Maple Valley does
not own a facility suitable for conducting court proceedings and wishes to extend
the interlocal agreement for another three-year term. The Kent Municipal Court is
willing and able to continue to provide court services, staff, and probation services
as originally agreed. This current contract amendment extends the term of the
parties' interlocal agreement for another three years, while also providing an option
to renew that agreement for an additional three years thereafter, for a maximum
contract term through December 31, 2028.
Beginning January 1, 2023, the annual cost for Kent to provide these services to
Maple Valley will be $207,856.08. Thereafter, this amount will increase by the CPI-
W rate applicable to the Seattle -Tacoma -Bellevue region for the prior 12-month
period measured from June -to -June, up to a maximum increase of 5% per year.
Maple Valley provides its own judge, prosecutor, and public defenders for all court
hearings.
BUDGET IMPACT: Revenue of $207,856.08 in 2023; future revenue will be
increased by CPI, up to a maximum increase of 5% per year.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 41
8.F
ATTACHMENTS:
1. Second Amendment - Kent Court Services ILA (PDF)
11/15/22 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 42
8.F.a
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MAPLE VALLEY AND THE CITY OF KENT
FOR MUNICIPAL COURT SERVICES
SECOND AMENDMENT
This Second Amendment (hereinafter "Second Amendment") to the Interlocal
Agreement Between the City of Maple Valley and the City of Kent for Municipal Court
Services (hereinafter "Agreement") is made and entered into by and between the City of Maple
Valley ("Maple Valley"), a municipal corporation in the State of Washington and the City of Kent
("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties").
WHEREAS, the Parties entered into the Agreement which took effect on January 1, 2015;
and
WHEREAS, the Agreement expired on January 1, 2018, and the Parties executed
Amendment No. I extending the Agreement for an additional term through December 31, 2020,
with an option to extend an additional three years through December 31, 2022 upon written
agreement; and
WHEREAS, the Parties would like to execute Amendment No. 2 extending the
Agreement for an additional three-year term expiring December 31, 2025 and making other
minor Amendments to become effective at the beginning of the new term of the Agreement;
NOW, THEREFORE, in consideration of the terms and provisions set forth below, it is
mutually agreed by and between Maple Valley and Kent as follows:
A. Amendment of Section 4 of Agreement. Section 4 of the Agreement is deleted
and replaced by the following:
4. Fees.
4.1. Flat Fee. In consideration of the services and supplies
enumerated in Sections 2 and 3, supra, Maple Valley shall remit to Kent
$207,856.08_annually, to be paid on a monthly basis at the rate of $17,321.34 each
month. The annual rate is based upon the following estimates of case filings:
The Parties agree that for any month in which there are filed more
than 333 cases (either criminal cases, infractions, or a combination of both), Maple
Valley will pay Kent an additional $4,751.00 over and above the monthly rate of
$17,321.34.
On January 1, 2024, the fees set forth in Section 4.1 shall be subject to
an annual inflator in an amount equal to the 12-month June -to -June CPI-W for the
Seattle -Tacoma -Bellevue region, PROVIDED THAT the total annual payment for
2024 shall not exceed 105% of the total annual payment for the 2023 contract
SECOND AMENDMENT
Interlocal Agreement for Court Services
Between City of Kent and City of Maple Valley
Page 1 of 3
Packet Pg. 43
8.F.a
period. On January 1, 2025, the 2024 annual payment shall be subject to an annual
inflator in an amount equal to the 12-month June -to -June CPI-W for the Seattle -
Tacoma -Bellevue region, PROVIDED THAT the total annual payment for 2025
shall not exceed 105% of the total annual payment for the 2024 contract period.
4.2. Other Fees and Costs. Kent shall be responsible to pay the
following fees and other costs (which costs are not included in the Flat Fee) and
invoice Maple Valley monthly for reimbursement of those costs and fees:
a. Witness fees;
b. Jury fees and juror summons' fees;
C. Language interpreter fees;
d. Cost of printing forms used only by the Maple Valley Court
All other costs not specifically enumerated in Section 4.2 are
subsumed in the Flat Fee set forth in Section 4.1.
B. Amendment of Section 9 of Agreement. Section 9 of the Agreement is deleted
and replaced with the following:
9. Effective Date - Duration. This Agreement shall be in effect from
January 1, 2023 through December 31, 2025; provided, this Agreement may be
extended for up to three additional years by written agreement of the Chief
Administrative Officer of Kent and the City Manager of Maple Valley.
C. Remainder of Agreement to Remain in Effect. The remainder of the Agreement
shall remain in full force and effect unless further amended by written agreement
of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
CITY OF MAPLE VALLEY
Laura K. Philpot, City Manager
Dated:
ATTEST:
Andrew Daucaq, City Clerk
Dated:
SECOND AMENDMENT
Interlocal Agreement for Court Services
Between City of Kent and City of Maple Valley
Page 2 of 3
CITY OF KENT
Dana Ralph, Mayor
Dated:
ATTEST:
Kim Komoto, City Clerk
Dated:
Packet Pg. 44
8.F.a
Approved as to Form:
Patricia Taraday
City Attorney
Dated:
Stephen Rochon
Maple Valley Court Judge
Dated:
SECOND AMENDMENT
Interlocal Agreement for Court Services
Between City of Kent and City of Maple Valley
Page 3 of 3
Approved as to Form:
Tammy White
City Attorney
Dated:
Michael Frans
Kent Municipal Court Presiding Judge
Dated:
Packet Pg. 45
8.G
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Consultant Services Agreements with Protingent, Inc.,
TEKsystems, Inc., and Affirma, LLC - Authorize
MOTION: I move to authorize the Mayor to sign Consultant Services
Agreements with Protingent Inc., TEKsystems, Inc., and Affirma, LLC., in a
collective amount not to exceed the $2.2 Million budget established for all
Information Technology temporary service contracts through December
31, 2024, subject to final terms and conditions acceptable to the IT
Director and City Attorney.
SUMMARY: The City's Information Technology Department ("IT Department")
contracts with a number of employment agencies to retain temporary workers, on
an as -needed basis, to support many of the City's technology projects and service
needs. From January 1, 2023 through December 31, 2024, the City is seeking to
hold agreements with Protingent Inc., TEKsystems, Inc., Robert Half International,
Inc., and Affirma, LLC.
The City's IT Department seeks Council approval to enter into new contracts with
said agencies so long as the costs associated with those contracts can be paid for
within budgets established and authorized by Council for the 2023 and 2024
biennium in an amount not to exceed $2,200,000.00.
The City will pay the Consultant, based on time and materials, for services provided
under the term of this agreement. IT will monitor fees charged in relation to this
collective budgeted amount to ensure the amounts paid to all employment agencies
for temporary workers does not exceed the budgeted amounts approved by
Council.
BUDGET IMPACT:
Description cost impact
2023 and 2024 Operating and Capital Budget $2,200,000.00
ATTACHMENTS:
1. City of Kent
2. City of Kent
3. City of Kent
- Consultant Services MSA - Protingent (PDF)
- Consultant Services MSA - TEKsystems (PDF)
- Consultant Services MSA - Affirma (PDF)
Packet Pg. 46
8.G
11/15/22
Operations and Public Safety Committee MOTION
PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER:
Satwinder Kaur, Councilmember
SECONDER:
Toni Troutner, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 47
1 4#.* ��.
4
KENT
WAs,I NGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Protingent, Inc.
8.G.a
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Protingent, Inc., authorized to conduct business in Washington, and located and doing
business at 11235 SE 6t" Street, Suite 220, Bellevue, WA 98004 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in
accordance with the following described plans and/or specifications:
Supplemental staffing and recruiting services on a time and material basis, under the technical
direction and supervision of City, and talent acquisition and executive search services on an
on -call, as -needed basis as determined by the City ("Services"). The specifics of the services
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that
attached and incorporated as Exhibit C, which will confirm details of the assignment of
Consultant's Assigned Individual as further specified herein. The Job Arrangement Letter
acknowledges that the assignment is under the terms of a signed agreement between the
parties.
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Consultant represents and warrants that the Services furnished under this Agreement will be ro-
performed in a good and workmanlike manner and consistent with generally accepted professional recruiting ..
practices within the Puget Sound region in effect at the time those Services are performed. Consultant ;°
further represents and warrants that its representatives assigned to perform Services for City shall be fully M
qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient,
manner. For any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours
worked by Consultant's Assigned Individual for the unsatisfactory services. c
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Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure a
available to support the design, delivery, and implementation of each deliverable and meet any milestones Q
and/or deadlines imposed by this Agreement, as well as performing the Services described herein in accordance U)
with the terms and conditions of this Agreement. This provision is intended to provide assurance to the City
that Contractor has the talent pool available that is capable of performing as this Agreement requires, and that
Contractor will use its best efforts to locate personnel whose skillset—technical, professional, and
interpersonal —meet the City's needs and desires.
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II. TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed cc
by the parties and will continue through 12/31/2024 ("Initial Term"). The parties agree that work will begin )
on the tasks described in Section I above immediately upon the effective date of this Agreement. The parties or -
may agree to extend this Agreement for successive one (1) year terms, which extensions will be authorized v
through an Amendment to this Agreement ("Renewal Term").
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III. COMPENSATION. w
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A. The City shall pay the Consultant, based on time and materials for Services provided under v
this Agreement during its Initial Term and each Renewal Term exercised by the City and
agreed upon by the Consultant. The Kent City Council has established an overall budget of E
$2,200,000.00 for a// temporary staffing and placement of IT professionals provided by E
Consultant, and others retained by the City to provide similar work, through the year 2024,
and City staff is not authorized to approve any work beyond that budgeted amount. The City a
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
Packet Pg. 48
8.G.a
will monitor fees charged in relation to that collective budgeted amount, and if Services
provided by Consultant and others will cause the City to exceed that budgeted amount, the
City will either seek additional approval through a contract amendment authorized by the
Mayor or Council as the Kent City Code may require or terminate Consultant's services as
provided for in this Agreement.
Consultant acknowledges and understands that it is not the City's exclusive provider of these
services but is instead one of several Consultants who have been retained to provide
temporary staffing and placement services. The City maintains its unqualified right to obtain
these services through other sources. This Agreement is for on -call and as -needed services,
the need for which is determined in the City's sole judgment and discretion.
The Consultant's billing rates will be negotiated at the time an Assigned Individual is assigned
and that agreed billing rate will be provided for on the Assigned Individual's timesheet. If
applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant
assigns to perform work under this Agreement ("Assigned Individual") will submit either an
electronic time record or a time sheet for City's verification and approval at the end of each
week. The signing of a weekly timesheet by an authorized City representative shall constitute
acceptance of the hours claimed to have been performed.
B. The Consultant shall submit weekly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion
of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until any such dispute is settled
by the parties. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor -
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in ;°
accordance with Ch. 51.08 RCW, the parties make the following representations: M
A.
The Consultant has the ability to control and direct the performance and details of its work as
a recruiting firm, the City being interested only in the results obtained under this Agreement.
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B.
The Consultant maintains and pays for its own place of business from which Consultant's
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placement services under this Agreement will be performed.
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C.
The Consultant has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Consultant's
services, or the Consultant is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
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D.
The Consultant is responsible for filing as they become due all necessary tax documents with
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appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue.
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E.
The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's business
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and has obtained a Unified Business Identifier (UBI) number from the State of Washington if
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applicable to Consultant.
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F.
The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V.
CITY PROPERTY. City and Consultant agree and understand that the work performed
hereunder is "Work
for Hire." If for any reason work does not constitute "Work for Hire," Consultant hereby
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assigns all copyrights therein to the City effective as of the date(s) such materials had been created.
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000) Packet Pg. 49
8.G.a
Consultant agrees to sign and deliver any documentation that may be reasonably required by the
City to effectuate the foregoing assignment. Consultant shall at all times protect City's property from
injury or loss arising in connection with this Agreement. If provided access, either locally or via remote
access, to City's network, Consultant shall prevent loss of system files and data on City's servers due to the
negligent, reckless, or willful misconduct of Consultant or its Assigned Individual. Consultant shall treat as
confidential all information related to remote access, including instructions, user IDs, and passwords. In no
case shall Consultant allow a third party (i.e. not employed by Consultant) to remotely connect to City's
network.
VI. SECURITY. Given the nature of the services provided, Consultant must make every
reasonable effort to protect City systems and data from improper access. In no case shall any employees.
agents, representatives and/or subcontractors of Consultant, including the Assigned Individual, have access
to City passwords, accounts, records or data files without prior written approval from the City. For security
purposes, Assigned Individuals shall be subject to all lawful background investigations, including without
limitation criminal conviction background investigations, as may be reasonably required by the City. At the
direction of City, Consultant shall do all things necessary or appropriate to facilitate the background checks
including but not limited to obtaining permissions or written waivers from the Assigned Individual, and/or
contracting with a third party to perform the background checks per City's specifications.
VII. PROJECT TEAM.
A. Assignment of Assigned Individual to Project Team. Consultant understands that the
Assigned Individual works as part of the City's project team, and as such, once assigned, the Assigned
Individual is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that:
Consultant will not transfer or reassign such Assigned Individual without the express written agreement of
City; and should such Assigned Individual no longer be employed during the term of this Agreement by
Consultant for whatever reason, City shall have the right to request a specific replacement. In addition, the
City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes
such individual does not meet performance/qualification standards established by the City. Consultant
guarantees the City's satisfaction with the services provided by the Assigned Individual by extending a one -
day (8 hour) guarantee period. If, for any reason, the City is dissatisfied with the services provided by the
Assigned Individual, Consultant will not charge for the first 8-hours worked, provided (1) the City contacts
Consultant within those first 8 hours to report its dissatisfaction, and (2) the City consents to Consultant
replacing the Assigned Individual.
B. Right of City to Reject Assigned Individual. City shall have the right to reject any
Assigned Individual whose qualifications or performance in the City's good faith and reasonable judgment
does not meet the standards established by City as necessary for the performance of the services or does
not meet prescribed IT department policy, standards, procedures and guidelines, attached and incorporated
as Exhibit A. Such notice shall be provided in writing to the designated location for receipt of notices. Upon
receipt of notice, Consultant shall verify receipt of notice and shall meet with City to discuss the problem;
and is then responsible for replacing rejected Assigned Individuals and should do so within ten (10) business
days from the date of the meeting unless otherwise agreed upon in writing.
VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction.
IX. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000) Packet Pg. 50
8.G.a
X. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
negligent performance of the Services under this Agreement, except for that portion of the injuries and
damages caused by the City's negligence, gross negligence, or willful misconduct.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part.
Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to
third parties, under no circumstances shall either party be directly liable to the other for indirect, ;°
consequential, or punitive damages whether arising in contract, tort or otherwise. M
The provisions of this section shall survive the expiration or termination of this Agreement.
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XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
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insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
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XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
XIII. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
in
designs, reports, or any other records developed or created by the Assigned Individual under this Agreement
shall belong to and become the property of the City. The Consultant acknowledges that the City is a public
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agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As
such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations
ro-
under the Public Records Act.
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XIV. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
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the authority to control and direct the performance and details of Consultant's work as a recruiting firm
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authorized under this Agreement, the Assigned Individual's work must meet the approval of the City and
shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide
the Assigned Individual providing services to City with day-to-day oversight and direction.
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XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees
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that it will provide safe on -site working conditions. Consultant shall take all necessary precautions and shall
be responsible for the safety of its employees, agents, and subcontractors in the performance of any contract
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work off -site and shall utilize all protection necessary for that purpose. All off -site work shall be done at
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000) Packet Pg. 51
8.G.a
Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work. The City agrees that it will not permit or
require Consultant's Assigned Individual: (i) to perform services outside of the scope of his or her
assignment; (ii) to sign contracts or statements; (iii) to make any final decisions regarding system design,
software development or the acquisition of hardware or software; (iv) to make any management decisions;
(v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable
instruments or valuables; (vi) to use computers, or other electronic devices, software or network equipment
owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or
automotive equipment.
XVI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing. 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 X of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written c
notice hereunder shall become effective three (3) business days after the date of mailing by registered or o
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. Q
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. cn
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement +°
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any v
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 Y
or altering in any manner this Agreement. All of the above documents are hereby made a part of this c
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. L)
H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to =
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations. a
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000) Packet Pg. 52
8.G.a
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number
of counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing
the original signature was received in person.
L. Background Checks. If City requires Consultant to perform background checks or other
placement screenings of Consultant's Assigned Individuals, City agrees to notify Consultant prior to the start
of services under this Agreement. Consultant will conduct such checks or screenings only if they are
described in a signed, written amendment to this Agreement. If City requests a summary copy of the results
of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such summary results
strictly confidential and to use such results in accordance with applicable laws and solely for employment
purposes.
M. Confidentiality to the Extent Allowed by Law. City agrees to hold in confidence the identity of
any Assigned Individual and the Assigned Individual's resume, social security number, and other legally
protected personal information, and the City agrees to implement and maintain reasonable security
procedures and practices to protect such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law.
N. Conversion of Assigned Individual to City Employee. City may not directly or indirectly, for
itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent,
employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate c
in or promote the solicitation of any Assigned Individual to leave the employ of Consultant, or hire or engage o
any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to a
the City under this Agreement. However, if any Assigned Individual has been assigned to the City for at Q
least six (6) months, then City may employ or otherwise professionally engage that Assigned Individual
without any financial compensation or liquidated damages owed to Consultant.
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CONSULTANT SERVICES AGREEMENT - 6
(Over $20,000) Packet Pg. 53
8.G.a
O. Remote Work. The City may authorize an Assigned Individual to work remotely off -site, away
from a City location. City is aware that the remote work location is not a Consultant location and is not a
site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if
applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the
Services remotely and shall be responsible for ensuring any City -provided hardware, software, and network
meet City security obligations and measures. At no time will Consultant or its Assigned Individual be storing
City's data on Consultant's equipment.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
xxx
By:
(signature)
Print Name:
Its
(title)
DATE:
NOTICES TO BE SENT TO:
xxx:
Address
xxx:
( ) (telephone)
( ) (facsimile)
CITY:
City of Kent
By:
(signature)
Print Name: Dana Ralph
Its Mavor
DATE:
ATTEST:
Kent City Clerk
APPROVED AS TO FORM:
Kent Law Department
NOTICES TO BE SENT TO:
CITY OF KENT:
ITA@kentwa.gov
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-4600 (telephone)
(253) 856-4700 (facsimile)
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CONSULTANT SERVICES AGREEMENT - 7
(Over $20,000) Packet Pg. 54
8.G.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.
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);
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);
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).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations"
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 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.
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, race,
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color, national origin, age, or the presence of all sensory, mental or physical 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
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of women and minorities.
5.
During the performance of this contract, the contractor, for itself, its assignees, and successors in
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interest (hereinafter referred to as the "contractor") agrees as follows:
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A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and Y
supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to c
non-discrimination, including those applicable to Federally -assisted programs of the U.S.
Department of Transportation, State -assisted programs through the Washington State v
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 E
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 a
contract, will not discriminate on the grounds of race, color, or national origin in the
EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 55
8.G.a
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.
C. Solicitations for Subcontracts, Including Procurements of Materials and
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 contract and the Acts and the
Regulations relative to non-discrimination on the grounds of race, color, or national origin.
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 permit access to
its books, records, accounts, other sources of information, and its 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 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 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 what efforts it has made to obtain the information.
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:
a. withholding payments to the contractor under the contract until the contractor
complies; and/or
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 directives issued pursuant
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thereto. The contractor will take action with respect to any subcontract or procurement as
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the City or the Washington State Department of Transportation may direct as a means of
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enforcing such provisions including sanctions for noncompliance. Provided, that if the
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contractor becomes involved in, or is threatened with litigation by a subcontractor, or
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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
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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
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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 o
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 L)
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been a
acquired because of Federal or Federal -aid programs and projects); E
iii. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex); a
EEO COMPLIANCE DOCUMENTS - 2
(Over $20,000) Packet Pg. 56
8.G.a
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);
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vi.
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
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(prohibits discrimination based on race, creed, color, national origin, or sex);
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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 Discrimination Act of 1975 and
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Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub -recipients and contractors, whether such programs or activities are Federally
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funded or not);
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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 transportation systems,
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places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
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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);
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X.
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
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Populations and Low -Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
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and adverse human health or environmental effects on minority and low-income populations;
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xi.
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
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discrimination because of Limited English proficiency (LEP). To ensure compliance with Title
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VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
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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. 1681 et seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) S
8. 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.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
(Over $20,000) Packet Pg. 57
8.G.a
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING
POLICY:
SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
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 suppliers of the City
must guarantee equal employment opportunity within their organization and, if holding Agreements with
the City amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an
equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
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.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination
and equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to coordinate with the City's Title VI coordinator and perform the following duties for their
respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 4
(Over $20,000) Packet Pg. 58
8.G.a
KENT
Number: ITP 3-01
Subject: Information Technology
Personnel Policy
Exhibit A
Effective Date:
Supersedes: Previous IT Personnel
Policies
Approved:
Purpose
This document describes personnel policies that are specific to IT staff members. City of Kent HR
personnel policies are predominant on details that are not addressed on this policy.
2. Scope
This policy applies to all IT staff members for whom there are specific department rules not specified in
the City of Kent HR Personnel Policy manual.
2.1. Collective Bargaining Agreements
Employees covered by collective bargaining agreements or Civil Service Rules will be subject to the
specific terms of those agreements and rules. In the event a collective bargaining agreement or the
Civil Service Rules do not contain language regarding personnel policies as specified in this document,
then those employees will be governed by this policy.
2.2. Authority
This policy is written by the Information Technology (IT) Department, under the authority of the IT M
Director and in compliance with the City's employment policies, and it supersedes all previous versions
of the IT Personnel Policy. The City of Kent Employee policies shall govern all questions concerning the
construction, validity and interpretation of this policy. Any exceptions to this policy must be approved
in advance by the City IT Director. c
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2.3. References
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City of Kent Personnel Policies
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New IT Employee Cheat Sheet
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3. Policy
3.1. Daily Operations
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3.1.1. Core Hours
Unless covered by collective bargaining agreements, vendor contracts, or otherwise authorized by
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the IT Director, manager and/or supervisor and documented within a personnel file, all IT
department personnel must adhere to core working hours, which are 8:00 AM to 5:00 PM Monday
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through Friday.
If an employee anticipates being more than 15 minutes late for work or absent due to sickness
they must notify their manager or supervisor using a previously agreed upon method (text
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message, call, email).
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3.1.2. Flexible Working Hours
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IT Department employees may request alternative work schedules pursuant to the City's Personnel
Policy 2.16, Alternative Work Schedule. Eligibility is determined by the employee's direct
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supervisor, IT management, or Human Resources Director based on the department's needs and
its ability to accommodate the alternative schedule. a
INFORMATION TECHNOLOGY PERSONNEL POLICY- 1
Exhibit A Packet Pg. 59
8.G.a
3.1.3. Telecommuting
A temporary telecommuting schedule accommodation can be put into place with the approval of
the IT Director, manager and/or supervisor. Additional time reporting requirements may be
instituted to ensure proper accountability.
3.1.4. Overtime
Any request for overtime hours/work needs to first be approved by an employee's manager or
supervisor. Approval must be sought by the employee and provided by the supervisor or manager
in writing (email, captured text message, etc.) prior to the overtime work being performed.
Managers, supervisors and employees are expected to keep copies of the "in -writing" approvals of
overtime for audit, timekeeping, time -entry, and historical purposes.
3.1.5. Vacation Requests
Requests for vacation time need to be approved in advance by an employee's manager or
supervisor. Approval must be sought by the employee and provided by the supervisor or manager
in the JDE system prior to the vacation being taken.
Managers and supervisors are responsible for maintaining adequate levels of service and therefore
reserve the right to decline vacation requests if needed.
3.1.6. Holiday Observance
Unless otherwise authorized by the IT Manager and/or Director, in the event of an emergency, all
departmental staff and contractors are required to observe all City established holidays and closed
office notices.
3.2. Supplies and Assets
Employees shall be provided with the tools required to perform their job duties as specified on their
job description, as well as additional tools at the discretion of the IT Director, manager, or supervisor.
4. Standards
4.1. Performance
The IT Department focuses on delivering services to the City. To provide a reliable, high -quality level
of service, IT employees may occasionally be assigned with activities beyond those explicitly stated in
job descriptions, contracts, or statements of work. Such activities are defined and delegated at the
discretion and interpretation of the IT Director, manager, or supervisor.
4.2. Calendar Usage
All IT employees must grant read-only access to their Outlook calendars to all IT divisions. This allows
other users to optimally plan out their meetings, improves communication and efficiency, and saves
time by eliminating the time spent going back -and -forth with them trying to pick the perfect date and
time.
Any appointments that contain sensitive or personal information can be marked as "private" by the G
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user.
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5. Revision History Y
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Date Revision Supersedes Summary of ChangesG
11/29/2018 1.0 - Initial creation v
1/28/2019 1.1 1.0 Added Collective Bargaining Agreements paragraph r_
5/16/2019 1.2 1.1 Approved by IT Management Team E
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 2
Exhibit A Packet Pg. 60
8.G.a
6. Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent
220 Fourth Ave S
Kent, WA 98032
Voice: 253-856-4601
E-mail: ServiceDesk@kentwa.gov
http://servicedesk/
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 3
Exhibit A Packet Pg. 61
EXHIBIT B
8.G.a
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of
the work hereunder by the Consultant, their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall
be included as an Additional Insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per occurrence.
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2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. °
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C. Other Insurance Provisions Q
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability and Commercial General Liability insurance:
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1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
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2. The Consultant agrees to provide at least 30 days' notice to the City in the event Consultant's insurance v
coverage is being cancelled or substantially modified (e.g., a new carrier). ,
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3. The City of Kent shall be included as an additional insured on all policies (except Professional Liability) Y
as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming c
the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the
right to receive a certified copy of all required insurance policies. The Consultant's Commercial General 6
Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured
against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers a
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Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
Packet Pg. 62
8.G.a
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
same insurance requirements as stated herein for the Consultant.
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Packet Pg. 63
8.G.a
EXHIBIT C
Job Arrangement Letter
Date
CONTACT NAME
COMPANY NAME
STREET ADDRESS 1
STREET ADDRESS 2 OR CITY, ST ZIP
CITY, ST ZIP OR SPACE IF NOT REQUIRED
Dear Contact First Name,
Job Order Number: Job Order #
Thank you for selecting xxx [OR OTHER APPLICABLE DIVISION] to meet your staffing needs.
Candidate Name is scheduled to start with Company Name as a Functional Role on
As agreed, we will invoice your firm at the rate of $ per hour. If applicable, overtime will be
billed at 1.50 times such rate. Federal law defines overtime as hours in excess of 40 hours per week,
state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our
professional will submit either a time sheet or an electronic time record for verification and approval
at the end of each week. Your approval thereby will indicate your acceptance of the terms herein.
Our accounting and operational procedures require you receive this document. This standard
document will be sent with each Job Order you place with xxx. We acknowledge that xxx and
Company Name have a signed agreement. The terms of the signed agreement, along with the terms
of this letter, shall govern the services provided by such employee or consultant at Company Name.
Please do not hesitate to contact us if you have any questions or we can be of additional service.
We look forward to working with you.
Sincerely,
xxx
Street Address 1
Street Address 2 or City, St Zip
City, ST Zip or Space if not Required
(800) 111-2222
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Packet Pg. 64
8.G.b
KENT
WAs,I NGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
TEKsystems, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and TEKsystems, Inc., a Maryland corporation authorized to conduct business in Washington,
and located and doing business at 7437 Race Road, Hanover, MD 21076 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in
accordance with the following described plans and/or specifications:
Supplemental staffing and recruiting services on a time and material basis, under the technical
direction and supervision of City, and talent acquisition and executive search services on an
on -call, as -needed basis as determined by the City ("Services"). The specifics of the services
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that
attached and incorporated as Exhibit C, which will confirm details of the assignment of
Consultant's Assigned Individual as further specified herein. The Job Arrangement Letter
acknowledges that the assignment is under the terms of a signed agreement between the
parties.
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Consultant represents and warrants that the Services furnished under this Agreement will be
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performed in a good and workmanlike manner and consistent with generally accepted professional recruiting
practices within the Puget Sound region in effect at the time those Services are performed. Consultant
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further represents and warrants that its representatives assigned to perform Services for City shall be fully
qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient
manner. For any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours
worked by Consultant's Assigned Individual for the unsatisfactory services.
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Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure
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available to support the design, delivery, and implementation of each deliverable and meet any milestones
and/or deadlines imposed by this Agreement, as well as performing the Services described herein in accordance
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with the terms and conditions of this Agreement. This provision is intended to provide assurance to the City
that Contractor has the talent pool available that is capable of performing as this Agreement requires, and that
Contractor will use its best efforts to locate personnel whose skillset—technical, professional, and
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interpersonal —meet the City's needs and desires.
II. TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed
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by the parties and will continue through 12/31/2024 ("Initial Term"). The parties agree that work will begin
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on the tasks described in Section I above immediately upon the effective date of this Agreement. The parties
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may agree to extend this Agreement for successive one (1) year terms, which extensions will be authorized
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through an Amendment to this Agreement ("Renewal Term").
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III. COMPENSATION.
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A. The City shall pay the Consultant, based on time and materials for Services provided under
this Agreement during its Initial Term and each Renewal Term exercised by the City and
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agreed upon by the Consultant. The Kent City Council has established an overall budget of
$2,200,000.00 for a// temporary staffing and placement of IT professionals provided by
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Consultant, and others retained by the City to provide similar work, through the year 2024,
and City staff is not authorized to approve any work beyond that budgeted amount. The City
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
Packet Pg. 65
8.G.b
will monitor fees charged in relation to that collective budgeted amount, and if Services
provided by Consultant and others will cause the City to exceed that budgeted amount, the
City will either seek additional approval through a contract amendment authorized by the
Mayor or Council as the Kent City Code may require or terminate Consultant's services as
provided for in this Agreement.
Consultant acknowledges and understands that it is not the City's exclusive provider of these
services but is instead one of several Consultants who have been retained to provide
temporary staffing and placement services. The City maintains its unqualified right to obtain
these services through other sources. This Agreement is for on -call and as -needed services,
the need for which is determined in the City's sole judgment and discretion.
The Consultant's billing rates will be negotiated at the time an Assigned Individual is assigned
and that agreed billing rate will be provided for on the Assigned Individual's timesheet. If
applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant
assigns to perform work under this Agreement ("Assigned Individual") will submit either an
electronic time record or a time sheet for City's verification and approval at the end of each
week. The signing of a weekly timesheet by an authorized City representative shall constitute
acceptance of the hours claimed to have been performed.
B. The Consultant shall submit weekly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion
of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until any such dispute is settled
by the parties. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor -
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in Cl)
accordance with Ch. 51.08 RCW, the parties make the following representations: ri
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A.
The Consultant has the ability to control and direct the performance and details of its work as
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a recruiting firm, the City being interested only in the results obtained under this Agreement.
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B.
The Consultant maintains and pays for its own place of business from which Consultant's
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placement services under this Agreement will be performed.
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C.
The Consultant has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Consultant's
services, or the Consultant is engaged in an independently established trade, occupation,
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profession, or business of the same nature as that involved under this Agreement.
D.
The Consultant is responsible for filing as they become due all necessary tax documents with
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appropriate federal and state agencies, including the Internal Revenue Service and the state
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Department of Revenue.
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E.
The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's business
and has obtained a Unified Business Identifier (UBI) number from the State of Washington if
applicable to Consultant.
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F.
The Consultant maintains a set of books dedicated to the expenses and earnings of its
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business.
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V.
CITY PROPERTY. City and Consultant agree and understand that the work performed
hereunder is "Work
for Hire." If for any reason work does not constitute "Work for Hire," Consultant hereby
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assigns all copyrights
therein to the City effective as of the date(s) such materials had been created.
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000) Packet Pg. 66
8.G.b
Consultant agrees to sign and deliver any documentation that may be reasonably required by the
City to effectuate the foregoing assignment. Consultant shall at all times protect City's property from
injury or loss arising in connection with this Agreement. If provided access, either locally or via remote
access, to City's network, Consultant shall prevent loss of system files and data on City's servers due to the
negligent, reckless, or willful misconduct of Consultant or its Assigned Individual. Consultant shall treat as
confidential all information related to remote access, including instructions, user IDs, and passwords. In no
case shall Consultant allow a third party (i.e. not employed by Consultant) to remotely connect to City's
network.
VI. SECURITY. Given the nature of the services provided, Consultant must make every
reasonable effort to protect City systems and data from improper access. In no case shall any employees.
agents, representatives and/or subcontractors of Consultant, including the Assigned Individual, have access
to City passwords, accounts, records or data files without prior written approval from the City. For security
purposes, Assigned Individuals shall be subject to all lawful background investigations, including without
limitation criminal conviction background investigations, as may be reasonably required by the City. At the
direction of City, Consultant shall do all things necessary or appropriate to facilitate the background checks
including but not limited to obtaining permissions or written waivers from the Assigned Individual, and/or
contracting with a third party to perform the background checks per City's specifications.
VII. PROJECT TEAM.
A. Assignment of Assigned Individual to Project Team. Consultant understands that the
Assigned Individual works as part of the City's project team, and as such, once assigned, the Assigned
Individual is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that:
Consultant will not transfer or reassign such Assigned Individual without the express written agreement of
City; and should such Assigned Individual no longer be employed during the term of this Agreement by
Consultant for whatever reason, City shall have the right to request a specific replacement. In addition, the
City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes
such individual does not meet performance/qualification standards established by the City. Consultant
guarantees the City's satisfaction with the services provided by the Assigned Individual by extending a one -
day (8 hour) guarantee period. If, for any reason, the City is dissatisfied with the services provided by the
Assigned Individual, Consultant will not charge for the first 8-hours worked, provided (1) the City contacts
Consultant within those first 8 hours to report its dissatisfaction, and (2) the City consents to Consultant
replacing the Assigned Individual.
B. Right of City to Reject Assigned Individual. City shall have the right to reject any
Assigned Individual whose qualifications or performance in the City's good faith and reasonable judgment
does not meet the standards established by City as necessary for the performance of the services or does
not meet prescribed IT department policy, standards, procedures and guidelines, attached and incorporated
as Exhibit A. Such notice shall be provided in writing to the designated location for receipt of notices. Upon
receipt of notice, Consultant shall verify receipt of notice and shall meet with City to discuss the problem;
and is then responsible for replacing rejected Assigned Individuals and should do so within ten (10) business
days from the date of the meeting unless otherwise agreed upon in writing.
VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction.
IX. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000) Packet Pg. 67
8.G.b
X. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
negligent performance of the Services under this Agreement, except for that portion of the injuries and
damages caused by the City's negligence, gross negligence, or willful misconduct.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part.
Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to
third parties, under no circumstances shall either party be directly liable to the other for indirect, M
consequential, or punitive damages whether arising in contract, tort or otherwise. ri
The provisions of this section shall survive the expiration or termination of this Agreement.
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XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
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insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
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XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
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accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
XIII. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created by the Assigned Individual under this Agreement
shall belong to and become the property of the City. The Consultant acknowledges that the City is a public
agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As
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such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations
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under the Public Records Act.
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XIV. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
the authority to control and direct the performance and details of Consultant's work as a recruiting firm 4-
authorized under this Agreement, the Assigned Individual's work must meet the approval of the City and G
shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide
the Assigned Individual providing services to City with day-to-day oversight and direction. v
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XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees E
that it will provide safe on -site working conditions. Consultant shall take all necessary precautions and shall
be responsible for the safety of its employees, agents, and subcontractors in the performance of any contract a
work off -site and shall utilize all protection necessary for that purpose. All off -site work shall be done at
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000) Packet Pg. 68
8.G.b
Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work. The City agrees that it will not permit or
require Consultant's Assigned Individual: (i) to perform services outside of the scope of his or her
assignment; (ii) to sign contracts or statements; (iii) to make any final decisions regarding system design,
software development or the acquisition of hardware or software; (iv) to make any management decisions;
(v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable
instruments or valuables; (vi) to use computers, or other electronic devices, software or network equipment
owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or
automotive equipment.
XVI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing. 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 X 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
notice hereunder shall become effective three (3) business days after the date of mailing by registered or Y
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this LU
Agreement or such other address as may be hereafter specified in writing.
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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 •2
without additional written consent. as
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement c
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. N
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any v
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 Y
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Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any G
language contained in this Agreement, the terms of this Agreement shall prevail.
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H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, state, and
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municipal laws, rules, and regulations that are now effective or in the future become applicable to E
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations. a
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000) Packet Pg. 69
8.G.b
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number
of counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing
the original signature was received in person.
L. Background Checks. If City requires Consultant to perform background checks or other
placement screenings of Consultant's Assigned Individuals, City agrees to notify Consultant prior to the start
of services under this Agreement. Consultant will conduct such checks or screenings only if they are
described in a signed, written amendment to this Agreement. If City requests a summary copy of the results
of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such summary results
strictly confidential and to use such results in accordance with applicable laws and solely for employment
purposes.
M. Confidentiality to the Extent Allowed by Law. City agrees to hold in confidence the identity of
any Assigned Individual and the Assigned Individual's resume, social security number, and other legally
protected personal information, and the City agrees to implement and maintain reasonable security
procedures and practices to protect such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law.
N. Conversion of Assigned Individual to City Employee. City may not directly or indirectly, for N
itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent,
employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate
in or promote the solicitation of any Assigned Individual to leave the employ of Consultant, or hire or engage Y
any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to Lu
the City under this Agreement. However, if any Assigned Individual has been assigned to the City for at
least six (6) months, then City may employ or otherwise professionally engage that Assigned Individual N
without any financial compensation or liquidated damages owed to Consultant.
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CONSULTANT SERVICES AGREEMENT - 6
(Over $20,000) Packet Pg. 70
8.G.b
O. Remote Work. The City may authorize an Assigned Individual to work remotely off -site, away
from a City location. City is aware that the remote work location is not a Consultant location and is not a
site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if
applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the
Services remotely and shall be responsible for ensuring any City -provided hardware, software, and network
meet City security obligations and measures. At no time will Consultant or its Assigned Individual be storing
City's data on Consultant's equipment.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
xxx
By:
(signature)
Print Name:
Its
(title)
DATE:
NOTICES TO BE SENT TO:
xxx:
Address
xxx:
( ) (telephone)
( ) (facsimile)
CITY:
City of Kent
By:
(signature)
Print Name: Dana Ralph
Its Mavor
DATE:
ATTEST:
Kent City Clerk
APPROVED AS TO FORM:
Kent Law Department
NOTICES TO BE SENT TO:
CITY OF KENT:
ITA@kentwa.gov
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-4600 (telephone)
(253) 856-4700 (facsimile)
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CONSULTANT SERVICES AGREEMENT - 7
(Over $20,000) Packet Pg. 71
8.G.b
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.
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);
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);
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).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations"
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 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:
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1. I have read the attached City of Kent administrative policy number 1.2. Y
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2. During the time of this Agreement, I will not discriminate in employment on the basis of sex, race,
color, national origin, age, or the presence of all sensory, mental or physical disability. N
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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. is
5. During the performance of this contract, the contractor, for itself, its assignees, and successors in o
interest (hereinafter referred to as the "contractor") agrees as follows: 0
A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and
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supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to
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non-discrimination, including those applicable to Federally -assisted programs of the U.S.
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Department of Transportation, State -assisted programs through the Washington State
Department of Transportation, and generally under Washington's Law Against
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Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are
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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
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contract, will not discriminate on the grounds of race, color, or national origin in the
EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 72
8.G.b
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.
C. Solicitations for Subcontracts, Including Procurements of Materials and
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 contract and the Acts and the
Regulations relative to non-discrimination on the grounds of race, color, or national origin.
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 permit access to
its books, records, accounts, other sources of information, and its 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 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 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 what efforts it has made to obtain the information.
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:
a. withholding payments to the contractor under the contract until the contractor
complies; and/or
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)
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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
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the City or the Washington State Department of Transportation may direct as a means of
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enforcing such provisions including sanctions for noncompliance. Provided, that if the
contractor becomes involved in, or is threatened with litigation by a subcontractor, or
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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
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interest agrees to comply with the following non-discrimination statutes and authorities; including
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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 4-
discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 0
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 v
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
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iii. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
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EEO COMPLIANCE DOCUMENTS - 2
(Over $20,000) Packet Pg. 73
8.G.b
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
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discrimination on the basis of age);
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vi.
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
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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 Discrimination Act of 1975 and
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Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub -recipients and contractors, whether such programs or activities are Federally
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funded or not);
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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 transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
ix.
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
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(prohibits discrimination on the basis of race, color, national origin, and sex);
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X.
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
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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;
xi.
Executive Order 13166, Improving Access to Services for Persons with Limited English
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Proficiency, and resulting agency guidance, national origin discrimination includes
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discrimination because of Limited English proficiency (LEP). To ensure compliance with Title
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VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
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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. 1681 et seq).
xiii.
Washington Law Against Discrimination (Ch. 49.60 RCW)
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8. 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.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
(Over $20,000) Packet Pg. 74
8.G.b
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING
POLICY:
SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
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 suppliers of the City
must guarantee equal employment opportunity within their organization and, if holding Agreements with
the City amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an
equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
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.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination
and equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to coordinate with the City's Title VI coordinator and perform the following duties for their
respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 4
(Over $20,000) Packet Pg. 75
8.G.b
KENT
Number: ITP 3-01
Subject: Information Technology
Personnel Policy
Exhibit A
Effective Date:
Supersedes: Previous IT Personnel
Policies
Approved:
Purpose
This document describes personnel policies that are specific to IT staff members. City of Kent HR
personnel policies are predominant on details that are not addressed on this policy.
2. Scope
This policy applies to all IT staff members for whom there are specific department rules not specified in
the City of Kent HR Personnel Policy manual.
2.1. Collective Bargaining Agreements
Employees covered by collective bargaining agreements or Civil Service Rules will be subject to the
specific terms of those agreements and rules. In the event a collective bargaining agreement or the
Civil Service Rules do not contain language regarding personnel policies as specified in this document,
then those employees will be governed by this policy.
2.2. Authority
This policy is written by the Information Technology (IT) Department, under the authority of the IT
Director and in compliance with the City's employment policies, and it supersedes all previous versions
of the IT Personnel Policy. The City of Kent Employee policies shall govern all questions concerning the
construction, validity and interpretation of this policy. Any exceptions to this policy must be approved
in advance by the City IT Director.
2.3. References
City of Kent Personnel Policies
New IT Employee Cheat Sheet
3. Policy
3.1. Daily Operations
3.1.1. Core Hours
Unless covered by collective bargaining agreements, vendor contracts, or otherwise authorized by
the IT Director, manager and/or supervisor and documented within a personnel file, all IT
department personnel must adhere to core working hours, which are 8:00 AM to 5:00 PM Monday
through Friday.
If an employee anticipates being more than 15 minutes late for work or absent due to sickness
they must notify their manager or supervisor using a previously agreed upon method (text
message, call, email).
3.1.2. Flexible Working Hours
IT Department employees may request alternative work schedules pursuant to the City's Personnel
Policy 2.16, Alternative Work Schedule. Eligibility is determined by the employee's direct
supervisor, IT management, or Human Resources Director based on the department's needs and
its ability to accommodate the alternative schedule.
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 1
Exhibit A Packet Pg. 76
8.G.b
3.1.3. Telecommuting
A temporary telecommuting schedule accommodation can be put into place with the approval of
the IT Director, manager and/or supervisor. Additional time reporting requirements may be
instituted to ensure proper accountability.
3.1.4. Overtime
Any request for overtime hours/work needs to first be approved by an employee's manager or
supervisor. Approval must be sought by the employee and provided by the supervisor or manager
in writing (email, captured text message, etc.) prior to the overtime work being performed.
Managers, supervisors and employees are expected to keep copies of the "in -writing" approvals of
overtime for audit, timekeeping, time -entry, and historical purposes.
3.1.5. Vacation Requests
Requests for vacation time need to be approved in advance by an employee's manager or
supervisor. Approval must be sought by the employee and provided by the supervisor or manager
in the JDE system prior to the vacation being taken.
Managers and supervisors are responsible for maintaining adequate levels of service and therefore
reserve the right to decline vacation requests if needed.
3.1.6. Holiday Observance
Unless otherwise authorized by the IT Manager and/or Director, in the event of an emergency, all
departmental staff and contractors are required to observe all City established holidays and closed
office notices.
3.2. Supplies and Assets
Employees shall be provided with the tools required to perform their job duties as specified on their
job description, as well as additional tools at the discretion of the IT Director, manager, or supervisor.
4. Standards
4.1. Performance
The IT Department focuses on delivering services to the City. To provide a reliable, high -quality level
of service, IT employees may occasionally be assigned with activities beyond those explicitly stated in
job descriptions, contracts, or statements of work. Such activities are defined and delegated at the
discretion and interpretation of the IT Director, manager, or supervisor.
4.2. Calendar Usage
All IT employees must grant read-only access to their Outlook calendars to all IT divisions. This allows
other users to optimally plan out their meetings, improves communication and efficiency, and saves
time by eliminating the time spent going back -and -forth with them trying to pick the perfect date and
time.
Any appointments that contain sensitive or personal information can be marked as "private" by the
user.
5. Revision Histo
11/29/2018 1.0 - Initial creation
1/28/2019 1.1 1.0 Added Collective Bargaining Agreements paragraph
5/16/2019 1.2 1.1 Approved by IT Management Team
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 2
Exhibit A Packet Pg. 77
8.G.b
6. Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent
220 Fourth Ave S
Kent, WA 98032
Voice: 253-856-4601
E-mail: ServiceDesk@kentwa.gov
http://servicedesk/
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 3
Exhibit A Packet Pg. 78
EXHIBIT B
8.G.b
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of
the work hereunder by the Consultant, their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall
be included as an Additional Insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per occurrence.
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2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
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occurrence, $2,000,000 general aggregate.
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C. Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability and Commercial General Liability insurance:
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1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant agrees to provide at least 30 days' notice to the City in the event Consultant's insurance
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coverage is being cancelled or substantially modified (e.g., a new carrier).
3. The City of Kent shall be included as an additional insured on all policies (except Professional Liability)
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as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming
the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the
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right to receive a certified copy of all required insurance policies. The Consultant's Commercial General
Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured
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against whom claim is made or suit is brought, except with 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 less than ANII.
Packet Pg. 79
8.G.b
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
same insurance requirements as stated herein for the Consultant.
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8.G.b
EXHIBIT C
Job Arrangement Letter
Date
CONTACT NAME
COMPANY NAME
STREET ADDRESS 1
STREET ADDRESS 2 OR CITY, ST ZIP
CITY, ST ZIP OR SPACE IF NOT REQUIRED
Dear Contact First Name,
Job Order Number: Job Order #
Thank you for selecting xxx [OR OTHER APPLICABLE DIVISION] to meet your staffing needs.
Candidate Name is scheduled to start with Company Name as a Functional Role on
As agreed, we will invoice your firm at the rate of $ per hour. If applicable, overtime will be
billed at 1.50 times such rate. Federal law defines overtime as hours in excess of 40 hours per week,
state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our
professional will submit either a time sheet or an electronic time record for verification and approval
at the end of each week. Your approval thereby will indicate your acceptance of the terms herein.
Our accounting and operational procedures require you receive this document. This standard
document will be sent with each Job Order you place with xxx. We acknowledge that xxx and
Company Name have a signed agreement. The terms of the signed agreement, along with the terms
of this letter, shall govern the services provided by such employee or consultant at Company Name.
Please do not hesitate to contact us if you have any questions or we can be of additional service.
We look forward to working with you.
Sincerely,
xxx
Street Address 1
Street Address 2 or City, St Zip
City, ST Zip or Space if not Required
(800) 111-2222
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Packet Pg. 81
8.G.c
KENT
WAs,I NGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Affirma, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Affirma, LLC, authorized to conduct business in Washington, and located and doing business
at 3380 1461" PI SE #100, Bellevue, WA 98007 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in
accordance with the following described plans and/or specifications:
Supplemental staffing and recruiting services on a time and material basis, under the technical
direction and supervision of City, and talent acquisition and executive search services on an
on -call, as -needed basis as determined by the City ("Services"). The specifics of the services
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that
attached and incorporated as Exhibit C, which will confirm details of the assignment of
Consultant's Assigned Individual as further specified herein. The Job Arrangement Letter
acknowledges that the assignment is under the terms of a signed agreement between the
parties.
Consultant represents and warrants that the Services furnished under this Agreement will be o
performed in a good and workmanlike manner and consistent with generally accepted professional recruiting V
practices within the Puget Sound region in effect at the time those Services are performed. Consultant c0
further represents and warrants that its representatives assigned to perform Services for City shall be fully M
qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient
manner. For any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours E
worked by Consultant's Assigned Individual for the unsatisfactory services. E
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Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure
available to support the design, delivery, and implementation of each deliverable and meet any milestones y
and/or deadlines imposed by this Agreement, as well as performing the Services described herein in accordance
with the terms and conditions of this Agreement. This provision is intended to provide assurance to the City
that Contractor has the talent pool available that is capable of performing as this Agreement requires, and that
Contractor will use its best efforts to locate personnel whose skillset—technical, professional, and 0)
interpersonal —meet the City's needs and desires.
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II. TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed
by the parties and will continue through 12/31/2024 ("Initial Term"). The parties agree that work will begin o
on the tasks described in Section I above immediately upon the effective date of this Agreement. The parties L)
may agree to extend this Agreement for successive one (1) year terms, which extensions will be authorized
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through an Amendment to this Agreement ("Renewal Term").
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III. COMPENSATION. G
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A. The City shall pay the Consultant, based on time and materials for Services provided under v
this Agreement during its Initial Term and each Renewal Term exercised by the City and
agreed upon by the Consultant. The Kent City Council has established an overall budget of E
$2,200,000.00 for a// temporary staffing and placement of IT professionals provided by 5
Consultant, and others retained by the City to provide similar work, through the year 2024, a
and City staff is not authorized to approve any work beyond that budgeted amount. The City
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
Packet Pg. 82
8.G.c
will monitor fees charged in relation to that collective budgeted amount, and if Services
provided by Consultant and others will cause the City to exceed that budgeted amount, the
City will either seek additional approval through a contract amendment authorized by the
Mayor or Council as the Kent City Code may require or terminate Consultant's services as
provided for in this Agreement.
Consultant acknowledges and understands that it is not the City's exclusive provider of these
services but is instead one of several Consultants who have been retained to provide
temporary staffing and placement services. The City maintains its unqualified right to obtain
these services through other sources. This Agreement is for on -call and as -needed services,
the need for which is determined in the City's sole judgment and discretion.
The Consultant's billing rates will be negotiated at the time an Assigned Individual is assigned
and that agreed billing rate will be provided for on the Assigned Individual's timesheet. If
applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant
assigns to perform work under this Agreement ("Assigned Individual") will submit either an
electronic time record or a time sheet for City's verification and approval at the end of each
week. The signing of a weekly timesheet by an authorized City representative shall constitute
acceptance of the hours claimed to have been performed.
B. The Consultant shall submit weekly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion
of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until any such dispute is settled
by the parties. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor -
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its work as E
a recruiting firm, the City being interested only in the results obtained under this Agreement.
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B. The Consultant maintains and pays for its own place of business from which Consultant's
placement services under this Agreement will be performed. N
C. The Consultant has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Consultant's
services, or the Consultant is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
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D. The Consultant is responsible for filing as they become due all necessary tax documents with y
appropriate federal and state agencies, including the Internal Revenue Service and the state o
Department of Revenue. L)
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's business
and has obtained a Unified Business Identifier (UBI) number from the State of Washington if
applicable to Consultant.
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F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
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V. CITY PROPERTY. City and Consultant agree and understand that the work performed
hereunder is "Work for Hire." If for any reason work does not constitute "Work for Hire," Consultant hereby a
assigns all copyrights therein to the City effective as of the date(s) such materials had been created.
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000) Packet Pg. 83
8.G.c
Consultant agrees to sign and deliver any documentation that may be reasonably required by the
City to effectuate the foregoing assignment. Consultant shall at all times protect City's property from
injury or loss arising in connection with this Agreement. If provided access, either locally or via remote
access, to City's network, Consultant shall prevent loss of system files and data on City's servers due to the
negligent, reckless, or willful misconduct of Consultant or its Assigned Individual. Consultant shall treat as
confidential all information related to remote access, including instructions, user IDs, and passwords. In no
case shall Consultant allow a third party (i.e. not employed by Consultant) to remotely connect to City's
network.
VI. SECURITY. Given the nature of the services provided, Consultant must make every
reasonable effort to protect City systems and data from improper access. In no case shall any employees.
agents, representatives and/or subcontractors of Consultant, including the Assigned Individual, have access
to City passwords, accounts, records or data files without prior written approval from the City. For security
purposes, Assigned Individuals shall be subject to all lawful background investigations, including without
limitation criminal conviction background investigations, as may be reasonably required by the City. At the
direction of City, Consultant shall do all things necessary or appropriate to facilitate the background checks
including but not limited to obtaining permissions or written waivers from the Assigned Individual, and/or
contracting with a third party to perform the background checks per City's specifications.
VII. PROJECT TEAM.
A. Assignment of Assigned Individual to Project Team. Consultant understands that the
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Assigned Individual works as part of the City's project team, and as such, once assigned, the Assigned
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Individual is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that:
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Consultant will not transfer or reassign such Assigned Individual without the express written agreement of
City; and should such Assigned Individual no longer be employed during the term of this Agreement by
Consultant for whatever reason, City shall have the right to request a specific replacement. In addition, the
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City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes
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such individual does not meet performance/qualification standards established by the City. Consultant
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guarantees the City's satisfaction with the services provided by the Assigned Individual by extending a one -
day (8 hour) guarantee period. If, for any reason, the City is dissatisfied with the services provided by the
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Assigned Individual, Consultant will not charge for the first 8-hours worked, provided (1) the City contacts
Consultant within those first 8 hours to report its dissatisfaction, and (2) the City consents to Consultant
replacing the Assigned Individual.
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B. Right of City to Reject Assigned Individual. City shall have the right to reject any
Assigned Individual whose qualifications or performance in the City's good faith and reasonable judgment
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does not meet the standards established by City as necessary for the performance of the services or does
not meet prescribed IT department policy, standards, procedures and guidelines, attached and incorporated
as Exhibit A. Such notice shall be provided in writing to the designated location for receipt of notices. Upon
receipt of notice, Consultant shall verify receipt of notice and shall meet with City to discuss the problem;
and is then responsible for replacing rejected Assigned Individuals and should do so within ten (10) business
days from the date of the meeting unless otherwise agreed upon in writing.
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VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
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providing the other party thirty (30) days written notice at its address set forth on the signature block of
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this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction.
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IX. DISCRIMINATION. In the hiring of employees for the performance of work under this
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Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not by reason of race religion, color, sex age, sexual orientation national
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origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. Consultant shall execute
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the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
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Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000) Packet Pg. 84
8.G.c
X. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
negligent performance of the Services under this Agreement, except for that portion of the injuries and
damages caused by the City's negligence, gross negligence, or willful misconduct.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part.
Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to
third parties, under no circumstances shall either party be directly liable to the other for indirect,
consequential, or punitive damages whether arising in contract, tort or otherwise.
The provisions of this section shall survive the expiration or termination of this Agreement.
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XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
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insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
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XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
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XIII. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
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designs, reports, or any other records developed or created by the Assigned Individual under this Agreement
shall belong to and become the property of the City. The Consultant acknowledges that the City is a public
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agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As
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such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations
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under the Public Records Act.
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XIV. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
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the authority to control and direct the performance and details of Consultant's work as a recruiting firm
authorized under this Agreement, the Assigned Individual's work must meet the approval of the City and
shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide
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the Assigned Individual providing services to City with day-to-day oversight and direction.
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XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees
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that it will provide safe on -site working conditions. Consultant shall take all necessary precautions and shall
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be responsible for the safety of its employees, agents, and subcontractors in the performance of any contract
work off -site and shall utilize all protection necessary for that purpose. All off -site work shall be done at
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000) Packet Pg. 85
8.G.c
Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work. The City agrees that it will not permit or
require Consultant's Assigned Individual: (i) to perform services outside of the scope of his or her
assignment; (ii) to sign contracts or statements; (iii) to make any final decisions regarding system design,
software development or the acquisition of hardware or software; (iv) to make any management decisions;
(v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable
instruments or valuables; (vi) to use computers, or other electronic devices, software or network equipment
owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or
automotive equipment.
XVI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing. 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 X of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at W
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or a
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing. y
E. Assignment. Any assignment of this Agreement by either party without the written consent 4)
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.
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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 Consultant. o
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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. v
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H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, state, and E
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or a
accruing out of the performance of those operations.
CONSULTANT SERVICES AGREEMENT - 5
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number
of counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing
the original signature was received in person.
L. Background Checks. If City requires Consultant to perform background checks or other
placement screenings of Consultant's Assigned Individuals, City agrees to notify Consultant prior to the start
of services under this Agreement. Consultant will conduct such checks or screenings only if they are
described in a signed, written amendment to this Agreement. If City requests a summary copy of the results
of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such summary results
strictly confidential and to use such results in accordance with applicable laws and solely for employment
purposes.
M. Confidentiality to the Extent Allowed by Law. City agrees to hold in confidence the identity of
any Assigned Individual and the Assigned Individual's resume, social security number, and other legally
protected personal information, and the City agrees to implement and maintain reasonable security
procedures and practices to protect such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law.
N. Conversion of Assigned Individual to City Employee. City may not directly or indirectly, for
itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent, w
employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate
in or promote the solicitation of any Assigned Individual to leave the employ of Consultant, or hire or engage a
any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to
the City under this Agreement. However, if any Assigned Individual has been assigned to the City for at N
least six (6) months, then City may employ or otherwise professionally engage that Assigned Individual
without any financial compensation or liquidated damages owed to Consultant.
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O. Remote Work. The City may authorize an Assigned Individual to work remotely off -site, away
from a City location. City is aware that the remote work location is not a Consultant location and is not a
site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if
applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the
Services remotely and shall be responsible for ensuring any City -provided hardware, software, and network
meet City security obligations and measures. At no time will Consultant or its Assigned Individual be storing
City's data on Consultant's equipment.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
xxx
By:
(signature)
Print Name:
Its
(title)
DATE:
NOTICES TO BE SENT TO:
xxx:
Address
xxx:
( ) (telephone)
( ) (facsimile)
CITY:
City of Kent
By:
(signature)
Print Name: Dana Ralph
Its Mavor
DATE:
ATTEST:
Kent City Clerk
APPROVED AS TO FORM:
Kent Law Department
NOTICES TO BE SENT TO:
CITY OF KENT:
ITA@kentwa.gov
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-4600 (telephone)
(253) 856-4700 (facsimile)
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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.
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);
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);
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).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations"
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 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.
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, race,
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color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new
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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
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of women and minorities.
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5. During the performance of this contract, the contractor, for itself, its assignees, and successors in
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interest (hereinafter referred to as the "contractor") agrees as follows:
A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and
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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.
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Department of Transportation, State -assisted programs through the Washington State
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Department of Transportation, and generally under Washington's Law Against
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Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are
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herein incorporated by reference and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it during the
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contract, will not discriminate on the grounds of race, color, or national origin in the
EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 89
8.G.c
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.
C. Solicitations for Subcontracts, Including Procurements of Materials and
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 contract and the Acts and the
Regulations relative to non-discrimination on the grounds of race, color, or national origin.
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 permit access to
its books, records, accounts, other sources of information, and its 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 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 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 what efforts it has made to obtain the information.
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:
a. withholding payments to the contractor under the contract until the contractor
complies; and/or
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 E
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 a
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 N
contractor becomes involved in, 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 r
interest agrees to comply with the following non-discrimination statutes and authorities; including y
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 0
discrimination on the basis of race, color, national origin); and 49 CFR Part 21. v
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 projects);
iii. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex); a
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8.G.c
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);
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vi.
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
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(prohibits discrimination based on race, creed, color, national origin, or sex);
vii.
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
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applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
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"programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub -recipients and contractors, whether such programs or activities are Federally
funded or not);
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viii.
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
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basis of disability in the operation of public entities, public and private transportation systems,
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places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
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ix.
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
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(prohibits discrimination on the basis of race, color, national origin, and sex);
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X.
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures Non-discrimination against minority
•2
populations by discouraging programs, policies, and activities with disproportionately high
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and adverse human health or environmental effects on minority and low-income populations;
xi.
Executive Order 13166, Improving Access to Services for Persons with Limited English
2
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English proficiency (LEP). To ensure compliance with Title
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VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
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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. 1681 et seq). E
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) F
8. 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.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
(Over $20,000) Packet Pg. 91
8.G.c
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING
POLICY:
SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
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 suppliers of the City
must guarantee equal employment opportunity within their organization and, if holding Agreements with
the City amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an
equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
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.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination
and equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to coordinate with the City's Title VI coordinator and perform the following duties for their
respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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KENT
Number: ITP 3-01
Subject: Information Technology
Personnel Policy
Exhibit A
Effective Date:
Supersedes: Previous IT Personnel
Policies
Approved:
Purpose
This document describes personnel policies that are specific to IT staff members. City of Kent HR
personnel policies are predominant on details that are not addressed on this policy.
2. Scope
This policy applies to all IT staff members for whom there are specific department rules not specified in
the City of Kent HR Personnel Policy manual.
2.1. Collective Bargaining Agreements
Employees covered by collective bargaining agreements or Civil Service Rules will be subject to the
specific terms of those agreements and rules. In the event a collective bargaining agreement or the
Civil Service Rules do not contain language regarding personnel policies as specified in this document,
then those employees will be governed by this policy.
2.2. Authority
This policy is written by the Information Technology (IT) Department, under the authority of the IT
Director and in compliance with the City's employment policies, and it supersedes all previous versions
of the IT Personnel Policy. The City of Kent Employee policies shall govern all questions concerning the
construction, validity and interpretation of this policy. Any exceptions to this policy must be approved
in advance by the City IT Director.
2.3. References
City of Kent Personnel Policies
New IT Employee Cheat Sheet
3. Policy
3.1. Daily Operations
3.1.1. Core Hours
Unless covered by collective bargaining agreements, vendor contracts, or otherwise authorized by
the IT Director, manager and/or supervisor and documented within a personnel file, all IT
department personnel must adhere to core working hours, which are 8:00 AM to 5:00 PM Monday
through Friday.
If an employee anticipates being more than 15 minutes late for work or absent due to sickness
they must notify their manager or supervisor using a previously agreed upon method (text
message, call, email).
3.1.2. Flexible Working Hours
IT Department employees may request alternative work schedules pursuant to the City's Personnel
Policy 2.16, Alternative Work Schedule. Eligibility is determined by the employee's direct
supervisor, IT management, or Human Resources Director based on the department's needs and
its ability to accommodate the alternative schedule.
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Exhibit A Packet Pg. 93
8.G.c
3.1.3. Telecommuting
A temporary telecommuting schedule accommodation can be put into place with the approval of
the IT Director, manager and/or supervisor. Additional time reporting requirements may be
instituted to ensure proper accountability.
3.1.4. Overtime
Any request for overtime hours/work needs to first be approved by an employee's manager or
supervisor. Approval must be sought by the employee and provided by the supervisor or manager
in writing (email, captured text message, etc.) prior to the overtime work being performed.
Managers, supervisors and employees are expected to keep copies of the "in -writing" approvals of
overtime for audit, timekeeping, time -entry, and historical purposes.
3.1.5. Vacation Requests
Requests for vacation time need to be approved in advance by an employee's manager or
supervisor. Approval must be sought by the employee and provided by the supervisor or manager
in the JDE system prior to the vacation being taken.
Managers and supervisors are responsible for maintaining adequate levels of service and therefore
reserve the right to decline vacation requests if needed.
3.1.6. Holiday Observance
Unless otherwise authorized by the IT Manager and/or Director, in the event of an emergency, all
departmental staff and contractors are required to observe all City established holidays and closed
office notices.
3.2. Supplies and Assets
Employees shall be provided with the tools required to perform their job duties as specified on their
job description, as well as additional tools at the discretion of the IT Director, manager, or supervisor.
4. Standards
4.1. Performance
The IT Department focuses on delivering services to the City. To provide a reliable, high -quality level
of service, IT employees may occasionally be assigned with activities beyond those explicitly stated in
job descriptions, contracts, or statements of work. Such activities are defined and delegated at the
discretion and interpretation of the IT Director, manager, or supervisor.
4.2. Calendar Usage
All IT employees must grant read-only access to their Outlook calendars to all IT divisions. This allows
other users to optimally plan out their meetings, improves communication and efficiency, and saves
time by eliminating the time spent going back -and -forth with them trying to pick the perfect date and
time.
Any appointments that contain sensitive or personal information can be marked as "private" by the v
user.
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5. Revision History c
Date Revision Supersedes Summary of Changes>,
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11/29/2018 1.0 - Initial creation
1/28/2019 1.1 1.0 Added Collective Bargaining Agreements paragraph
5/16/2019 1.2 1.1 Approved by IT Management Team
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 2
Exhibit A Packet Pg. 94
8.G.c
6. Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent
220 Fourth Ave S
Kent, WA 98032
Voice: 253-856-4601
E-mail: ServiceDesk@kentwa.gov
http://servicedesk/
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 3
Exhibit A Packet Pg. 95
EXHIBIT B
8.G.c
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of
the work hereunder by the Consultant, their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall
be included as an Additional Insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property M
damage of $1,000,000 per occurrence.
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2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate.
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C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
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Liability and Commercial General Liability insurance:
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1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
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2. The Consultant agrees to provide at least 30 days' notice to the City in the event Consultant's insurance
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coverage is being cancelled or substantially modified (e.g., a new carrier).
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3. The City of Kent shall be included as an additional insured on all policies (except Professional Liability)
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as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming
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the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the
right to receive a certified copy of all required insurance policies. The Consultant's Commercial General
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Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured
against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
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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 less than ANII.
Packet Pg. 96
8.G.c
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
same insurance requirements as stated herein for the Consultant.
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8.G.c
EXHIBIT C
Job Arrangement Letter
Date
CONTACT NAME
COMPANY NAME
STREET ADDRESS 1
STREET ADDRESS 2 OR CITY, ST ZIP
CITY, ST ZIP OR SPACE IF NOT REQUIRED
Dear Contact First Name,
Job Order Number: Job Order #
Thank you for selecting xxx [OR OTHER APPLICABLE DIVISION] to meet your staffing needs.
Candidate Name is scheduled to start with Company Name as a Functional Role on
As agreed, we will invoice your firm at the rate of $ per hour. If applicable, overtime will be
billed at 1.50 times such rate. Federal law defines overtime as hours in excess of 40 hours per week,
state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our
professional will submit either a time sheet or an electronic time record for verification and approval
at the end of each week. Your approval thereby will indicate your acceptance of the terms herein.
Our accounting and operational procedures require you receive this document. This standard
document will be sent with each Job Order you place with xxx. We acknowledge that xxx and
Company Name have a signed agreement. The terms of the signed agreement, along with the terms
of this letter, shall govern the services provided by such employee or consultant at Company Name.
Please do not hesitate to contact us if you have any questions or we can be of additional service.
We look forward to working with you.
Sincerely,
xxx
Street Address 1
Street Address 2 or City, St Zip
City, ST Zip or Space if not Required
(800) 111-2222
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8.H
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Agreement with The Segal Group, Inc., for a Non -
Represented Salary Survey - Authorize
MOTION: I move to authorize the Mayor to sign a Consultant Services
Agreement with The Segal Group, Inc. for a non -represented employee
salary survey, in an amount not to exceed $120,000, subject to final terms
and conditions acceptable to the Human Resources Director and City
Attorney.
SUMMARY: The City of Kent, Washington ("City") requested proposals for a subject
matter expert with significant experience in conducting classification reviews, salary
surveys and comparative analyses, involving jurisdictions with sizes similar to the
City of Kent, and offering a set of programs and services that overlaps with the
City's in December 2021. The Council unanimously approved HR using a consultant
to assist in the classification and compensation study and RFPs were solicited.
After the RFPs were received and interviews conducted, The Segal Group, Inc. was
selected as the best consulting group to manage this study. The scope of work will
include the following:
1. Develop a mutually agreeable project management plan that clearly describes all
phases of the project with schedules, milestones, responsibilities, constraints,
and deliverables and coordinate with the City's project manager throughout the
project.
2. Prepare and implement a communication program that ensures full
communication to leadership and employees throughout the project and
provides opportunities for meaningful engagement without unduly prolonging
the process.
3. Determine recommended compensation philosophy and present to City staff for
discussion.
4. Determine if changes to existing position descriptions are needed, including
standardized diversity, equity and inclusion language; and if so, provide
suggested changes for the City to update into these descriptions.
5. Prepare a comparative analysis that identifies the City's competitive position in a
comparative labor market, including comparative city employers.
6. Prepare recommendations for compensation to maintain competitiveness,
ensure equity and position the organization for future development.
Packet Pg. 99
8.H
7. Provide recommendations to address budgetary considerations.
8. Coordinate with the City's project manager throughout the project.
9. Meetings - to include, but not limited to, stakeholder, employee, and Council
meetings.
BUDGET IMPACT: The full cost of this contract will be paid from the Human
Resources Department's existing budget.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Project Timeline (PDF)
2. Master Consulting Agreement The Segal Group (PDF)
11/15/22
Operations and Public Safety Committee MOTION
PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER:
Marli Larimer, Councilmember
SECONDER:
Satwinder Kaur, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 100
Moll
8.H.a
I Project Timeline
We understand that the City anticipates beginning this project in January 2023, with final
recommendations to be presented no later than July 2023. Our proposed timeline below is
consistent with that goal.
Please note: Segal is unable to begin any project without a signed contract from the City
ANTICIPATED TIMELINE IN MONTHS
Step
Mar
June
July
Step 1: Project Initiation
7+
Step 2: Compensation Philosophy
Step 3: Salary Market Assessment
Step 4: Recommendations Development
Step 5: Classification Analysis
Step 6: Present Final Results
9582044v1/97909.902 Seg Packet Pg. 101
8.H.b
KENT
WISH IN c r o n
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
The Segal Group
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and The Segal Group, Inc. organized under the laws of the State of Delaware, located and doing
business at 333 West 34th Street, New York, NY 10001 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
• Develop a mutually agreeable project management plan that clearly describes all phases
of the project with schedules, milestones, responsibilities, constraints, and deliverables and
coordinate with the City's project manager throughout the project.
• Prepare and implement a communication program that ensures full communication to
leadership and employees throughout the project and provides opportunities for meaningful
engagement without unduly prolonging the process.
• Determine recommended compensation philosophy and present to City staff for discussion.
• Determine if changes to existing position descriptions are needed, including standardized
diversity, equity and inclusion language; and if so, provide suggested changes for the City to
update into these descriptions.
• Prepare a comparative analysis that identifies the City's competitive position in a
comparative labor market, including comparative city employers.
• Prepare recommendations for compensation to maintain competitiveness, ensure equity
and position the organization for future development.
• Provide recommendations to address budgetary considerations.
• Coordinate with the City's project manager throughout the project.
• Meetings - to include, but not limited to, stakeholder, employee, and Council meetings.
The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I on or before July 31, 2023.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$120,000, for the services described in this Agreement. This is the maximum amount to be
paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
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B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor -
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which the
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Consultant's business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all materials prepared by Consultant
and delivered to the City in connection with this project, which may be used or disclosed by the City for
their intended purpose or as otherwise contemplated by this Agreement. If the City's use of the Consultant's
records or data is not related to this project, it shall be without liability or legal exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
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protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and reasonable attorney fees, arising out of or in connection with the
Consultant's negligence or willful misconduct in the performance of this Agreement, except for that portion
of the injuries and damages caused by the City's negligence or willful misconduct.
The City's inspection or acceptance of any of the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
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reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
X. EXCHANGE OF INFORMATION. The City agrees to supply to Consultant (either directly or
through City's agents and representatives) on a timely basis all of the data, documentation and information
(e.g., current plan design and plan documents, information concerning all plan participants and
beneficiaries) reasonably needed by Consultant to perform the Services ("City Information") in a reasonably
usable format. If City Information is not provided in a usable format, Consultant will notify City. If the City
is unable or unwilling to convert such information into a usable format, Consultant may charge City for
actual costs incurred in converting it to a usable format Consultant will have the right to reasonably rely on
the accuracy and completeness of City Information.
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. City Information is and will
remain the sole property of the City and will be safeguarded by the Consultant. The City acknowledges
that, in providing the Services, Consultant will distribute or make available certain proprietary materials
("Consultant's Proprietary Information"), including, but not limited to, publications, software, know-how,
techniques, methodologies and report formats. Except to the extent that they are or incorporate
Consultant's Proprietary Information, all documents, data, and other tangible materials authored or
prepared and delivered by Consultant to City under the terms of this Agreement (collectively, the
"Deliverables"), are the sole and exclusive property of City, once paid for by City. To the extent that
Consultant's Proprietary Information is incorporated into such Deliverables, City will have a perpetual, fully
paid, non-exclusive, non -transferable and non-sublicensable right to use, copy, and modify Consultant's
Proprietary Information as part of the Deliverables for their intended purpose. The City's use or reuse of
any Deliverable on any other project or for any other purpose shall be without liability or legal exposure to
the Consultant.
The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in
Chapter 42.56 of the Revised Code of Washington. The City is specifically permitted to release copies of any
Deliverables in response to a request under the Public Records Act. If The City receives a request pursuant
to the Public Records Act to disclose any information provided by Consultant other than the Deliverables,
the City will notify Consultant with sufficient time for Consultant to seek any legally permissible exemption
from disclosure. Consultant shall be solely responsible for all costs related to seeking such exemption.
XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
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Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing. Additionally, an electronic copy
of all notices to the Consultant shall be sent to Contract Notice@segalco.com.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the
Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
l�
Print Name: Patrick Bracken
Its Vice President
DATE: 12/9/2022
NOTICES TO BE SENT TO:
CONSULTANT:
The Segal Group, Inc.
333 West 34th Street
New York, NY 1001
(212) 251-5000 (telephone)
(646) 365-3243 (facsimile)
[In this field, you may enter the electronic filepath where the contract has been saved]
CITY OF KENT:
By:
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CITY OF KENT:
Teri Smith
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5276 (telephone)
(253) 856-6270 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
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8.H.b
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For: The Segal Group, Inc.
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
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8.H.b
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN
CONTRACTORS
POLICY:
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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8.H.b
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before -mentioned company was the prime
contractor for the Agreement known as
into on the
Kent
that was entered
(date), between the firm I represent and the City of
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before -mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
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8.1
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Consolidating Budget Adjustment Ordinance for
Adjustments between July 1, 2022 and September 30,
2022 - Adopt
MOTION: I move to adopt Ordinance No. 4453, consolidating budget
adjustments made between July 1, 2022 and September 30, 2022,
reflecting an overall budget increase of $1,252,020.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $1,252,020.
Adjustments totaling $1,277,390 have previously been approved by Council and are
summarized as follows:
$215,790 in grants as follows:
$150,000 Lake Fenwick WaterWorks Grant for alum treatments to help
combat phosphorus pollution.
$50,000 Department of Ecology Grant for water quality/stormwater capacity
studies.
$15,790 2022-2023 Walter -Roller Grant for traffic enforcement.
$261,600 in recycling grant carryforward budgets that were previously authorized
in 2021.
$800,000 King County reimbursement for 84th Avenue EVH slump repairs.
The remaining adjustments below, totaling a net reduction of $(25,370), have not
been previously approved by Council. These include:
• $8,695,000 for the transfer ($7.65m) and 2022 use ($1.045m) of General
Fund funds to the Insurance Fund for Workers Compensation ($1.75m),
Liability ($5.5m) and Property ($400k) Insurance. The difference between
the amount transferred and used for 2022 will go directly to the Insurance
Fund's fund balances.
• $475,000 TIB Grant increase for sidewalk projects.
• $454,830 true -up of a WDOT Commute Trip Reduction Grant to the actual
amount received.
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8.1
• $150,000 to move funding for the translation of City documents to a project.
• $(9,800,200) in net reductions related to Public Works and Park projects as
follows:
o $(4,430,000) reduction in the transfer ($2.2m) and use ($2.2m) of water
project funds to provide sufficient fund balance for 2023 KEHOC funding.
o $(5,280,000) reduction in the transfer ($2.64m) and use ($2.64m) of
sewer project funds to provide sufficient fund balance for 2023 KEHOC
funding.
o $(5,744,040) reduction in the transfer ($2.87m) and use ($2.87m) of
drainage project funds to provide sufficient fund balance for 2023 KEHOC
funding.
o These reductions are offset by $5,653,840 for the transfer ($2.83m) and
use ($2.83m) of Parks funds in 2022 for the KEHOC project.
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ordinance Q3 2022 Supp (PDF)
11/15/22 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 112
ORDINANCE NO. 4453
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
July 1, 2022 and September 30, 2022, reflecting an
overall budget increase of $1,252,020.
RECITALS
A. Expenditures as classified in the final, adopted budget
constitute the City's appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining
agreements and additional budget requests. These modifications are
periodically consolidated into a supplemental budget adjustment ordinance
amending the original adopted budget.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Budget Adjustments. The 2021-2022 biennial budget
is amended to include budget fund adjustments for the third quarter of 2022
from July 1, 2022 to September 30, 2022, as summarized and set forth in
Exhibit "A," which is attached and incorporated into this ordinance. Except
1 2021-2022 Budget Adjustment
Third Quarter 2022
Packet Pg. 113
as amended by this ordinance, all terms and provisions of the 2021-2022
biennial budget Ordinance No. 4381, as amended by Ordinance Nos. 4404,
4411, 4413, 4419, 4421, 4429 and 4439, shall remain unchanged.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the Code Reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. - Effective Date. This ordinance shall take effect and be
in force five days after publication, as provided by law.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY
December 13, 2022
Date Approved
December 13, 2022
Date Adopted
December 16, 2022
Date Published
2 2021-2022 Budget Adjustment
Third Quarter 2022
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Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments July 1, 2022 to September 30, 2022
Fund Title
Previously
Approved
Approval
Requested
Total
Adjustment
Ordinance
General Fund
-
7,650,000
7,650,000
Street Fund
-
454,830
454,830
Capital Resource Fund
-
2,826,920
2,826,920
Criminal Justice Fund
15,790
-
15,790
Streets Capital Projects
800,000
475,000
1,275,000
Other Capital Projects
-
150,000
150,000
Facilities Capital Projects
-
3,251,920
3,251,920
Water Operating Fund
-
(4,855,000)
(4,855,000)
Sewerage Operating Fund
-
(5,280,000)
(5,280,000)
Drainage Operating Fund
200,000
(5,744,040)
(5,544,040)
Solid Waste Operating Fund
261,600
-
261,600
Insurance Funds
-
1,045,000
1,045,000
Total
1,277,390
(25,370)
1,252,020
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Budget Adjustment Detail for Budget Changes
July 1, 2022 to September 30, 2022
Approval Previously
Not Previously
Total
Date or Approved by
Approved by
Adjustment
Other Fund Council
Council
Ordinance
General Fund
Transfer of fund balance to Workers Compensation Fund
5620
1,750,000
1,750,000
Transfer of fund balance to Liability Insurance Fund
5670
5,500,000
5,500,000
Transfer of fund balance to Property Insurance Fund
5680
400,000
400,000
Reduce Translation of City Documents line item to move to project
(150,000)
(150,000)
Transfer of funds for Translation of City Documents to a project
3300
150,000
150,000
Total General Fund
-
7,650,000
7,650,000
Street Fund
True up WDOT Commute Trip Reduction Grant to Actuals
454,830
454,830
Total Street Fund
-
454,830
454,830
Capital Resource Fund
Reduce Kent Memorial Park Renovation to fund KEHOC
Reduce Panther Lake Park to fund KEHOC
Transfer of Parks funds to KEHOC Project
Transfer of Parks funds to KEHOC Project
Fund Kent Memorial Park Renovation with REET2 funds
Fund Panther Lake Park with REET2 funds
Total Capital Resource Fund
Criminal Justice Fund
2022-2023 Walker -Roller Grant
Total Criminal Justice Fund
Streets Capital Projects
KC Reimbursement for 84th Avenue EVH Slump Repair
TIB Grant Increase for sidewalk projects
Total Streets Capital Projects
Other Capital Projects
Move Translation of City Documents funding to a project
Total Other Capital Projects
Facilities Capital Projects
Use of Parks funds for KEHOC project
Use of PW funds for KEHOC project
Total Facilities Capital Projects
Water Operating Fund
Return project funding to fund balance for 2023 KEHOC funding
Reallocate PW project funds in 2022 for KEHOC
Total Water Operating Fund
Sewerage Operating Fund
Return project funding to fund balance for 2023 KEHOC funding
Total Sewerage Operating Fund
Drainage Operating Fund
Return project funding to fund balance for 2023 KEHOC funding
Lake Fenwick WaterWorks Grant
Department of Ecology Grant for Water Quality/Stormwater Capacity
Total Drainage Operating Fund
Solid Waste Operating Fund
Recycling Grant Carryforward
Total Solid Waste Operating Fund
Insurance Funds
Workers Compensation - use of funds transferred in from General Fund
Liability Insurance - use of funds transferred in from General Fund
Property Insurance - use of funds transferred in from General Fund
Total Insurance Funds
Grand Total All Funds
(1,826,920)
(1,826,920)
(1,000,000)
(1,000,000)
3500
1,826,920
1,826,920
3500
1,000,000
1,000,000
1,826,920
1,826,920
1,000,000
1,000,000
-
2,826,920
2,826,920
KCC 3.70
15,790
15,790
15,790
-
15,790
12/14/21
800,000
800,000
475,000
475,000
800,000
475,000
1,275,000
1000 150,000 150,000
150,000 150,000
1500 2,826,920
4100 425,000
2,826,920
425,000
- 3,251,920
3,251,920
(4,430,000)
(4,430,000)
3500 (425,000)
(425,000)
- (4,855,000)
(4,855,000)
(5,280,000) (5,280,000)
- (5,280,000) (5,280,000)
(5,744,040) (5,744,040)
4/5/22 150,000 150,000
KCC 3.70 50,000 50,000
200,000 (5,744,040) (5,544,040)
2021 261,600 261,600
261,600 - 261,600
1000 550,000 550,000
1000 450,000 450,000
1000 45,000 45,000
- 1,045,000 1,045,000
1,277,390 (25,370) 1,252,020
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8.J
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Grant Agreement with Department of Commerce for the
City's Periodic Update to its Comprehensive Plan -
Authorize
MOTION: I move to authorize the Mayor to accept the Department of
Commerce's grant in the amount of $325,000, amend the budget and
authorize expenditure of the grant funds, and authorize the Mayor to sign
the grant agreement and all necessary documents, subject to the final
terms and conditions acceptable to the City Attorney and Economic and
Community Development Director.
SUMMARY: During the 2022 legislative session, the State legislature allocated
grant funding to assist counties and cities in their efforts to complete periodic
updates to their Growth Management Act Comprehensive Plans and development
regulations.
The grant funding is awarded based on population size of a jurisdiction. Kent is
eligible for $325,000 in grant funds.
Since the grant funding cycle spans two state biennial budgets, grants will be
disbursed in equal portions over two phases. Phase 1 funding ($162,500) will
reimburse work through June 30, 2023. Phase 2 funding ($162,500) will reimburse
work after July 1, 2023.
Grant funds can be used to cover most activities related to the review and update
of Comprehensive Plans and development regulations. Economic and Community
Development staff submitted a grant application for $325,000 to offset contract
costs for a consultant services agreement with MIG, Inc. (the contract was
authorized by Council on September 20, 2022).
BUDGET IMPACT: $325,000 to offset the $544,090 consultant services contract
with MIG, Inc.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Commerce Grant (PDF)
12/06/22
Operations and Public Safety Committee MOTION
PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER:
Brenda Fincher, Councilmember
SECONDER:
Zandria Michaud, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
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.�►. Washington State
Department of
�i►� Commerce
Interagency Agreement with
For
City of Kent
through
Growth Management Services
Contract Number:
23-63210-015
GMA Periodic Update Grant — FY2023
Dated: Date of Execution
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1► Washing -.on Sale
Department of
Commerce
Table of Contents
TABLE OF CONTENTS.............................................................................................................................2
FACESHEET.........................................................................................................................................3
SPECIAL TERMS AND CONDITIONS...........................................................................................................4
1. AUTHORITY.............................................................................................................................................................4
2. CONTRACT MANAGEM ENT ...................................................................................................................................4
3. COMPENSATION....................................................................................................................................................4
4. BILLING PROCEDURES AND PAYMENT..................................................................................................................4
5. SUBCONTRACTOR DATA COLLECTION..................................................................................................................5
6. INSURANCE.............................................................................................................................................................5
7. FRAUD AND OTHER LOSS REPORTING..................................................................................................................5
8. ORDER OF PRECEDENCE........................................................................................................................................5
GENERAL TERMS AND CONDITIONS.........................................................................................................6
1.
DEFINITIONS...........................................................................................................................................................6
2.
ALL WRITINGS CONTAINED HEREIN......................................................................................................................6
3.
AMENDMENTS.......................................................................................................................................................6
4.
ASSIGNMENT..........................................................................................................................................................6
5.
CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION...............................................................................6
6.
COPYRIGHT.............................................................................................................................................................7
7.
DISPUTES................................................................................................................................................................7
8.
GOVERNING LAWANDVENUE..............................................................................................................................8
9.
INDEMNIFICATION.................................................................................................................................................
8
10.
LICENSING, ACCREDITATION AND REGISTRATION...............................................................................................8
11.
RECAPTURE.............................................................................................................................................................8
12.
RECORDS MAINTENANCE......................................................................................................................................8
13.
SAVINGS..................................................................................................................................................................8
14.
SEVERABILITY.........................................................................................................................................................8
15.
SUBCONTRACTING.................................................................................................................................................9
16.
SURVIVAL................................................................................................................................................................9
17.
TERMINATION FOR CAUSE....................................................................................................................................9
18.
TERMINATION FOR CONVENIENCE.......................................................................................................................9
19.
TERMINATION PROCEDURES................................................................................................................................9
20.
TREATMENT OF ASSETS.......................................................................................................................................10
21.
WAIVER.................................................................................................................................................................11
ATTACHMENT A• SCOPE OF WORK 12 E2
ATTACHMENT B: BUDGET....................................................................................................................14
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Face Sheet
Local Government Division
Growth Management Services
Contract Number: 23-63210-015
1. Contractor
2. Contractor Doing Business As (as applicable)
City of Kent
N/A
Economic and Community Development
220 4th Ave S
Kent, WA 98032
3. Contractor Representative
4. COMMERCE Representative
Kristen Holdsworth
Catherine McCoy PO Box 42525
Long Range Planning Manager
Senior Planner 1011 Plum St. SE
(253) 856-5441
(360) 725-2910 Olympia, WA 98504
kholdsworth(aD,kentwa.gov
catherine.mccoV(Dcommerce.wa.gov
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$162,500
Federal: ❑ State: ® Other: ❑ N/A: ❑
Date of Execution
June 30, 2023
9. Federal Funds (as applicable) Federal Agency: ALN
N/A N/A N/A
10. Tax ID #
11. SWV#
12. UBI #
13. UEI #
N/A
SW V0000552-00
173-000-002
N/A
14. Contract Purpose
Grant funding to assist the city with planning work for the completion the Growth Management Act (GMA) requirement to
review, and if needed, revise the comprehensive plan and development regulations under RCW 36.70A.130(5).
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the
terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized
to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract
and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope
of Workand Attachment B - Budget
FOR CONTRACTOR
FOR COMMERCE
Mark K. Barkley, Assistant Director
Dana Ralph, Mayor
City of Kent
Local Government Division
Date
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
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Special Terms and Conditions
AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed one hundred sixty-two thousand, five hundred dollars
($162,500), for the performance of all things necessary for or incidental to the performance of work
under this Contract as set forth in the Scope of Work.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services and deliverables provided and receipt
of properly completed invoices, which shall be submitted to the Representative for COMMERCE not
more often than monthly nor less than quarterly.
The parties agree this is a performance -based contract intended to produce the deliverables identified
in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S
acceptance of Contractor's performance and/or deliverable. The invoices shall describe and
document, to COMMERCE's satisfaction, a description of the work performed, the progress of the
project, and fees. The invoice shall include the Contract Number 23-63210-015. If expenses are
invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses
in the amount of $50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Grant Start Date
COMMERCE will pay the Contractor for costs incurred beginning July 1, 2022, for services and
deliverables described under this Agreement_
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
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Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
Line Item Transfers
The total amount of transfers of funds between line item budget categories shall not exceed ten
percent (10%) of the total budget. If the cumulative amount of these transfers exceeds or is expected
to exceed ten percent, the total budget shall be subject to justification and negotiation of a contracts
amendment by the Contractor and COMMERCE.
Ineligible Costs
Only eligible project -related costs will be reimbursed. Ineligible costs include, but are not necessarily
limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery;
hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and
volunteers working directly on the project; lobbying or political influencing; and other costs which are
not directly related to the project.
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority -owned, woman -owned, and veteran -owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
6. INSURANCE
Each party certifies that it is self -insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
7. FRAUD AND OTHER LOSS REPORTING
Contractor shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
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General Terms and Conditions
DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A "Authorized Representative" shall mean the Director and/or the designee authorized in writing
to act on the Director's behalf.
B. "COMMERCE" shall mean the Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant' means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not
limited to, information that relates to a person's name, health, finances, education, business,
use or receipt of governmental services or other activities, addresses, telephone numbers,
social security numbers, driver license numbers, other identifying numbers, and any financial
identifiers, and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all
or part of those services under this Contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
east or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential"
by COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by
COMMERCE; and
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iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract and shall not use, share, transfer, sell or
disclose any Confidential Information to any third party except with the prior written consent of
COMMERCE or as may be required by law. The Contractor shall take all necessary steps to
assure that Confidential Information is safeguarded to prevent unauthorized use, sharing,
transfer, sale or disclosure of Confidential Information or violation of any state or federal laws
related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE reasonably
determines has not been adequately protected by the Contractor against unauthorized
disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5)
working days of any unauthorized use or disclosure of any confidential information, and shall
take necessary steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
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prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all directand indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
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15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized
by law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
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COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
Authorized Representative, all of the rights, title, and interest of the Contractor under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed,
would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for
the protection and preservation of the property related to this contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided
herein or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
Pag
Packet Pg. 128
8.J.a
Washington Sale .0�,
Depa•trrient of
Commerce
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract.
E. All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Pag
Packet Pg. 129
8.J.a
Washington SIale .0�,
Depa•trrient of
Commerce
Attachment A: Scope of Work
Tasks / Actions
Description
End Date
/ Deliverables
Task 1
Existing Conditions Analysis,
December 2022
Comprehensive Plan review, and Equity
Assessment
Action 1.1
Kick-off meeting
October 2022
Action 1.2
Comprehensive plan regulatory and equity
December 2022
assessment utilizing the periodic update
checklist.
Action 1.3
Baseline condition analysis
December 2022
Action 1.4
Land Use and Planning Board and Council
December 2022
work session to establish priorities
Deliverable 1
Commerce periodic checklist
December 31, 2022
Deliverable 2
Baseline condition analysis
December 31, 2022
Task 2
Public Engagement and Outreach
December 2022
Action 2.1
Draft a public engagement plan with input
December 2022
from the City's Race and Equity Manager
Deliverable 3
Public engagement plan
December 31, 2022
Task 3
Phase 1 - Public Outreach and
June 2023/
Engagement
Ongoing
Action 3.1
Begin outreach and engagement through:
June 2023
• Focus groups
• Advisory groupmeetings
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Packet Pg. 130
8.J.a
Washington SIale .0�,
Depa•trrient of
Commerce
• Open houses and other community
events
Action 3.2
Community kickoff and EIS scoping
June 2023
Action 3.3
Other public meetings and outreach
June 2023
Deliverable 4
Summary of Phase 1 outreach
June 30, 2023
Deliverable 5
EIS Scoping Memo
June 30, 2023
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Packet Pg. 131
8.J.a
Washington SIale .0�,
Depa•trrient of
Commerce
Attachment B: Budget
SFY 2023 Task/Deliverable
SFY 2023 Amount
Deliverable 1. Commerce periodic checklist
$20,000
Deliverable 2. Baseline condition analysis
$20,000
Deliverable 3. Public Engagement Plan
$42,500
Deliverable 4. Summary of phase 1 public outreach
$30,000
Deliverable 5. EIS Scoping Memo
$50,000
Total Grant (SFY 2023 only)
$162,500
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Packet Pg. 132
8.K
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Amendment #4 to Consultant Services Agreement with
Robert Half International, Inc., for IT Temporary Staff —
Authorize
MOTION: I move to authorize the Mayor to sign Amendment No. 4 to the
Consultant Services Agreement with Robert Half International, Inc., in an
amount not to exceed the previously established budget of $740,000.00,
through December 31, 2023, subject to final terms and conditions
acceptable to the IT Director and City Attorney.
SUMMARY: The City's Information Technology Department ("IT Department")
contracts with a number of employment agencies to retain temporary workers, on
an as -needed basis, to support many of the City's technology projects and service
needs.
The City's IT Department seeks Council approval to enter into Amendment No. 4
with Robert Half International, Inc. so long as the costs associated with this
contract can be paid for within budgets established and authorized by Council for
the 2023 and 2024 biennium in an amount not to exceed $740,000.00. This not to
exceed amount is a part of IT's 2023 and 2024 Council authorized amount for all
staffing agencies of $2,200,000.00.
The City will pay the Consultant, based on time and materials, for services provided
under the term of this agreement. IT will monitor fees charged in relation to this
collective budgeted amount to ensure the amounts paid to all employment agencies
for temporary workers does not exceed the budgeted amounts approved by
Council.
BUDGET IMPACT: 2023 Operating and Capital Budget - Cost Impact $740,000.00
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Robert Half International, Inc. - Amendment No. 4 (PDF)
Packet Pg. 133
8.K
12/06/22
Operations and Public Safety Committee MOTION
PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER:
Zandria Michaud, Councilmember
SECONDER:
Brenda Fincher, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 134
8.K.a
•
KENT
WAS H I N G T O N
AMENDMENT NO. 4
NAME OF CONSULTANT OR VENDOR:
Robert Half International
CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment, #CAG2019-389
ORIGINAL AGREEMENT DATE: August 14, 2019
This Amendment is made between the City and the above -referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows:
1. Time of Completion. Section II of the Agreement, entitled "Time of Completion,"
authorized extensions of the Agreement for successive one (1) year terms through an
amendment authorized by the parties. Previous amendments have extended the Time of
Completion to December 31, 2022. Consistent with Section II, the parties desire to amend the
Agreement's term, to extend for an additional successive one (1) year term or until all current
Assigned Individuals complete their assignments as specified within signed Job Arrangement
Letters, whichever ends first.
2. Compensation. Section III of the Agreement, entitled "Compensation," is a
amended to add the following paragraph:
co
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C. Through this Amendment No. 4, the compensation paid to
Consultant from January 1, 2023 through December 31, 2023 z°
will not exceed $740,000.00.
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The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and a
acknowledges and accepts that this Amendment constitutes full payment and final settlement of '
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless o
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.,
c
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and =
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
u
The parties whose names appear below swear under penalty of perjury that they are E
authorized to enter into this Amendment, which is binding on the parties of this contract.
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AMENDMENT - 1 OF 2 Packet Pg. 135
8.K.a
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
By:
Print Name:
Its
(signature)
(title)
DATE:
ATTEST:
Kent City Clerk
[In this field, you may enter the electronic filepath where the contract has been saved]
CITY OF KENT:
By:
Print Name:
Its
(signature)
(title)
DATE:
APPROVED AS TO FORM:
(applicable if Mayor's signature required)
Kent Law Department
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AMENDMENT - 2 OF 2 Packet Pg. 136
8.L
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Consolidating Budget Adjustment Ordinance for
Adjustments between October 1, 2022, and November 30,
2022 - Adopt
MOTION: I move to adopt Ordinance No. 44SS, consolidating budget
adjustments made between October 1, 2022, and November 30, 2022,
reflecting an overall budget increase of $12,942,S40.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $12,942,540.
Adjustments totaling $7,219,130 have previously been approved by Council and
are summarized as follows:
$5,832,100 in grants as follows:
$3,735,760 WSDOT Local Program Grant for 761" Avenue South.
$1,074,440 Washington State Administrative Office of the Court
(AOC) Grant for reimbursement of State v Blake costs.
$457,460 KC Land Acquisition Grant to purchase the Mendel
Property.
$246,890 SEEK Grant for summer parks programs.
$125,000 Washington State AOC Grant for Kent Community Court.
$80,000 King Conservation District Grant for Parks maintenance.
$75,000 KC Grant for West Fenwick Park.
$37,550 in miscellaneous small grants for various Parks programs.
$610,950 to establish the Senior Levy Budget for 2022.
$439,010 to establish a budget for the 2022 Art Plan.
$183,070 budget carryforward of 2021 Fire expense paid in 2022.
$154,000 to establish the budget for a City-wide Equity Training Program.
The remaining adjustments totaling $5,723,410 have not been previously
Packet Pg. 137
8.L
approved by Council. Highlights include:
$1,467,290 to move Facilities Lifecycle funds to Facilities projects
including roof repairs ($450k), HVAC Lifecycle ($409k), building
maintenance ($258k), floor coverings ($145k), parking lot
sealcoats ($114k) and kitchen equipment ($91k).
$1,400,000 to establish a budget for the use of Shuttered Venue
Operators Grant (SVOG) funds for operating costs ($500k) and
capital expenditures ($900k), including a cashiering and perishable
inventory management system and kitchen equipment.
$1,200,000 for the King County passthrough expense, which is
offset by increased revenues.
$820,160 to recognize increased Affordable Housing Sales Tax
revenues and associated expenses ($513k) and the use of 60% of
those funds within the holding project ($307k).
$630,200 for Parks true -ups to actuals for Golf Operating Revenues
(120k), Facilities Projects ($20k) and Park Capital Projects ($490k),
which include Chestnut Ridge ($229k), Fee -in -lieu ($131k), Sun
Meadows Park ($45k) and 4t" & Willis ($35k).
$275,000 Transportation Improvement Board Grant for the 2401"
Hogan Park Sidewalk project.
$102,000 for the transfer of Criminal Justice Fund Balance ($51k)
and use of those funds ($51k) on the Courtroom Renovation
project.
$100,000 to true up solid waste revenues received from Republic
for overweight trucks & missed pickups and offsetting expenditures.
$(271,240) in reductions to the ARPA funded Grant Analyst ($124k)
and Human Services Planner positions.
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ordinance Q4 2022 Supp (PDF)
12/06/22 Operations and Public Safety Committee MOTION
PASSES
Packet Pg. 138
8.L
RESULT:
MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER:
Toni Troutner, Councilmember
SECONDER:
Marli Larimer, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 139
8.L.a
ORDINANCE NO. 4455
AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the
consolidating budget adjustments made between
October 1, 2022, and November 30, 2022,
reflecting an overall budget increase of
$12,942, 540.
RECITALS
A. Expenditures as classified in the final, adopted budget
constitute the City's appropriations for that year. After adoption, there are
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining
agreements and additional budget requests. These modifications are
periodically consolidated into a supplemental budget adjustment ordinance
amending the original adopted budget.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - BudcletAdjustments. The 2021-2022 biennial budget
is amended to include budget fund adjustments for the fourth quarter of
2022 from October 1, 2022, to November 30, 2022, as summarized and set
forth in Exhibit "A," which is attached and incorporated into this ordinance.
1 2021-2022 Budget Adjustment
Fourth Quarter 2022
Packet Pg. 140
8.L.a
Except as amended by this ordinance, all terms and provisions of the 2021-
2022 biennial budget Ordinance No. 4381, as amended by Ordinance Nos.
4404, 4411, 4413, 4419, 4421, 4429, 4439 and 4453, shall remain
unchanged.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 3, - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the Code Reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. - Effective Date. This ordinance shall take effect and be
in force five days after publication, as provided by law.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY
December 13, 2022
Date Approved
December 13, 2022
Date Adopted
December 16, 2022
Date Published
2 2021-2022 Budget Adjustment
Fourth Quarter 2022
Packet Pg. 141
8.L.a
Exhibit A
City of Kent
Budget Adjustment Ordinance
Adjustments October 1, 2022 to November 30, 2022
Fund Title
Previously
Approval
Total
Adjustment
Approved
Requested
Ordinance
General Fund
1,140,520
(271,240)
869,280
Street Fund
-
(69,740)
(69,740)
Criminal Justice Fund
-
51,000
51,000
Human Services Fund
610,950
820,160
1,431,110
Kent Events Center Operating Fund
-
1,400,000
1,400,000
Street Capital Projects
3,735,760
460,740
4,196,500
Parks Capital Projects
532,460
490,200
1,022,660
Other Capital Projects
1,199,440
-
1,199,440
Facilities Capital Projects
-
20,000
20,000
Water Operating Fund
-
40,250
40,250
Sewerage Operating Fund
-
1,182,750
1,182,750
Drainage Operating Fund
-
(139,000)
(139,000)
Solid Waste Operating Fund
-
100,000
100,000
Golf Operating Fund
-
63,720
63,720
Facilities Management Fund
-
1,574,570
1,574,570
Total
7,219,130
5,723,410
12,942,540
Packet Pg. 142
Budget Adjustment Detail for Budget Changes
October 1, 2022 to November 30, 2022
8.L.a
General Fund
Remove unspent ARPA funding for Grant Analyst & Human Services Planner
Equity Training Budget
SEEK Grant for summer parks programs
Establish Budget for 2022 Art Plan
King Conservation District Grant
Carryforward of 2021 Fire expense paid in 2022
Miscellenous Grants for Parks Programs
Total General Fund
Street Fund
Reallocate B&O funds to balance & close miscellaneous street projects
Total Street Fund
Criminal Justice Fund
Transfer of fund balance to the Courtroom Renovation project (Facilities)
Total Criminal Justice Fund
Human Services Fund
Establish Senior Levy Budget for 2022
Affordable Housing Sales Tax Increase
Use of Sales Tax funds in project
Total Human Services Fund
Kent Events Center Operating Fund
Establish budget for use of SVOG funds for accesso ShoWare
Total Human Services Fund
Street Capital Projects
Use of Drainage funds for TIB Grant Matching
TIB Grant for 240th Hogan Park Sidewalk project
WSDOT Local Program Grant for 76th Avenue South
Reallocate B&O funds to balance & close miscellaneous street projects
Total Street Capital Projects
Parks Capital Projects
Establish Budget for Land Acquisition Grant - Mendel Property
Transfer of Fee -in -lieu funds to Chestnut Ridge Project
True up of Fee -in -lieu budget to actual funds received
KC Grant for West Fenwick Park
Establish Budget for Easements received for Sun Meadows Park
Transfer 2014 KC Levy Funds to 4th & Willis project
Establish budgets for miscellaneous revenues recognized
Total Parks Capital Projects
Other Capital Projects
Washington State AOC Grant for Community Court
Washington State AOC Grant for reimbursement of State v. Blake costs
Total Other Capital Projects
Facilities Capital Projects
Use of funds from carpet lifcycle for IT Annex Remodel project
Total Facilities Capital Projects
Water Operating Fund
Use of Drainage funds for East Hill Mineral Bins project
Use of Sewer funds for East Hill Mineral Bins project
Total Water Operating Fund
Sewerage Operating Fund
Use of Sewer funds for East Hill Mineral Bins project
KC Sewer Passthrough
Total Sewerage Operating Fund
Approval Previously Not Previously Total
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance
(271,240)
(271,240
10/4/2022
154,000
154,000
3/15/2022
246,890
246,890
3/15/2022
439,010
439,010
KCC 3.70
80,000
80,000
2021
183,070
183,070
KCC 3.70
37,550
37,550
1,140,520
(271,240)
869,28C
3100
(69,740)
(69,740
-
(69,740)
(69,740
5400
51,000
51,000
-
51,000
51,000
3/2/2022
610,950
610,950
512,600
512,600
307,560
307,560
610,950
820,160
1,431,110
1,400,000 1,400,000
1,400,000 1,400,000
4400
116,000
116,000
275,000
275,000
7/6/2021
3,735,760
3,735,760
1100
69,740
69,740
3,735,760
460,740
4,196,500
3/15/22
457,460
457,460
229,160
229,160
131,440
131,440
KCC 3.70
75,000
75,000
45,000
45,000
35,000
35,000
49,600
49,600
532,460
490,200
1,022,660
10/4/22
125,000
125,000
10/4/22
1,074,440
1,074,440
1,199,440
-
1,199,440
4400
4300
4100
20,000 20,000
20,000 20,000
23,000 23,00(
17,250 17,25(
40,250 40,25C
(17,250) (17,250
1,200,000 1,200,00(
1,182,750 1,182,75C
Drainage Operating Fund Q
Reallocation of Drainage funds for East Hill Mineral Bins project 4100 (23,000) (23,000,
Reallocation of Drainage funds for TIB Grant Matching 3100 (116,000) (116,000)
Total Drainage Operating Fund - (139,00
Packet Pg. 143
Budget Adjustment Detail for Budget Changes
October 1, 2022 to November 30, 2022
8.L.a
Solid Waste Operating Fund
True -up revenues from Republic for overweight trucks & missed pickups
Total Solid Waste Operating Fund
Golf Operating Fund
Return Unspent Driving Range project funds to Facilities
Increase Golf Revenues to Actuals
Total Golf Operating Fund
Facilities Management Fund
Return Unspent Driving Range project funds to Facilities
Use of Criminal Justice fund balance for the Courtroom Renovation project
Transfer of Operating Lifecycle funds to Roof Repairs project
Transfer of Operating Lifecycle funds to Building Major Maintenance
Transfer of Operating Lifecycle funds to Floor Covering Replacement
Transfer of Operating Lifecycle funds to HVAC Lifecycle
Transfer of Operating Lifecycle funds to Kitchen Equipment Lifecycle
Transfer of Operating Lifecycle funds to Sealcoat Parking Lots
Total Facilities Management Fund
Approval Previously Not Previously Total
Date or Approved by Approved by Adjustment
Other Fund Council Council Ordinance
5400 100,000
100,00(
- 100,000
100,00C
5400 (56,280)
(56,280
120,000
120,00(
- 63,720
63,72C
4800 56,280
56,28(
1600 51,000
51,00(
450,000
450,00(
258,110
258,11(
145,210
145,21(
408,930
408,93(
90,620
90,62(
114,420
114,42(
- 1,574,570
1,574,57(
Grand Total All Funds 7,219,130 5,723,410 12,942,540
Packet Pg. 144
8.M
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Ordinance - Annual Housekeeping Amendments to Zoning
Code and Development Regulations - Adopt
MOTION: I move to adopt Ordinance No. 4456, amending various
provisions within the Kent City Code to correct errors and provide clarity in
the City's zoning code and development regulations.
SUMMARY: The City considers annual housekeeping amendments to the Kent City
Code to ensure that codes are clear, accurate, and consistent. The proposed code
amendments resulted from staff -identified issues found in various zoning code
provisions and development regulations.
BACKGROUND & ANALYSIS: Below is a summary of the proposed code
amendments, which are included in the attached ordinance.
1. 15.02.135: Definition - Family
Needs to be updated to comply with new state law, which prohibits
jurisdictions from limiting the number of unrelated persons that may
occupy a household or dwelling unit
2. 15.02.260: Definition - Mixed -use Development
Development standards for what percentage of development is
required to be commercial are buried in this definition. The change will
move the standards to the mixed -use table 15.04.200.
4. 15.02.307: Definition - Opiate substitution treatment facility
The existing definition refers to state codes that are no longer active
and will be revised to remove outdated references.
5. 15.04.170 and 15.04.180: Clarity Issue - Complicated formula for minimum
lot size that is unintentionally more restrictive than the density calculation.
Code provides conflicting and confusing development standards for
multifamily residential units when applying the maximum density and
minimum lot size requirements. This code unintentionally increases the
cost of development and, therefore the costs of housing. The footnote
references 8,500 for the first two lots and then 3,000 for each lot,
limiting the number of units allowed on a site in a way that is stricter
Packet Pg. 145
8.M
than density. It also has been interpreted to mean that a developer of
townhomes would need to have two lots significantly larger than the
others. The code already identifies an appropriate minimum lot size in
each zone. The complicated formula will be removed and instead use
the already designated maximum density and remaining development
standards (such as lot width, lot coverage, setbacks, etc.).
6. 15.04.050 Footnotes (12, 14, 15, 21): Code error - Footnotes are not
referenced in the table.
The footnotes are not associated with anything in the use table
(15.04.040) and should have been removed during Rally the Valley but
were missed. These footnotes will be removed as part of this code
audit.
7. 15.04.200 Table: Adding the portion removed from the mixed -use definition
into this table.
• See #2, above.
8. 15.05.040: Clarity Issue - Footnotes 3 and 4 for multifamily parking in MTC-
1, MTC-2 and MCR.
These footnotes are nearly identical except for the amount of parking
required and do not identify which footnote, 3 or 4, should be applied.
Footnote 4 was intended for Senior facilities and was accidentally lost
during the collapse of the code section in 2012 (Ord 4043). In 2011,
footnote 4 was added for senior buildings in MTC-1, MTC-2, and MCR
(Ord 4011). When the code section was combined in 2012, this nuance
was lost. To clarify, "for senior buildings" will be added.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Thrivinci City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Annual Housekeeping Code Amendments (PDF)
12/06/22 Operations and Public Safety Committee MOTION
PASSES
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 146
8.M.a
ORDINANCE NO. 4456
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
15.02.135, 15.02.260, 15.02.307, 15.04.170,
15.04.180, 15.04.050, 15.04.200, and 15.05.040 of
the Kent City Code to correct errors and provide
clarity in the City's zoning code and development
regulations.
RECITALS
A. The City establishes development regulations through the
zoning code, Title 15 of the Kent City Code to regulate the use of land to
promote the public health, safety, and general welfare.
B. The City annually considers amendments to development
regulations to address technical updates and corrections that do not require
substantive changes to policy.
C. The City has identified the need for amendments to its
development regulations to provide clarity, improve implementation of
established policies, and create consistency with state laws, including the
following:
1 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 147
8.M.a
i. On May 13, 2021, the State Legislature adopted ESSB
5235, which limits a jurisdiction's ability to limit the number of unrelated
persons that may occupy a household or dwelling unit. The zoning code
contains several references to the term "family," which is defined in KCC
15.02.135 and specifies a maximum number of unrelated individuals
allowed in a household or dwelling unit; and
ii. The term "mixed -use development" in KCC 15.02.260
buries development standards within a definition, which results in difficulty
for implementation and lack of clarity. The development standards have
been moved to KCC 15.04.200; and
iii. The definition of opiate substitution treatment facility in
KCC 15.02.307 refers to state codes that are no longer active and have
been repealed; and
iv. On June 1, 2021, the City adopted the Kent Housing
Options Plan, recognizing a need to meet the growing demand for housing.
City KCC 15.04.170 and footnotes 1, 2, 3, and 27 in KCC 15.04.180 contain
conflicting development standards which unintentionally limit housing
development and allowed density established through the Kent
Comprehensive Plan; and
V. On March 3, 2020, the City adopted Ordinance 4355,
the Rally the Valley subarea plan and associated development regulations.
KCC 15.04.050 footnotes 12, 14,15, and 21 were erroneously left in the
code after the adoption of the subarea plan; and
2 Amending Title 15 -Annual
Housekeeping Amendments
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8.M.a
vi. On August 21, 2012, Ordinance 4043 revised the table
layout for parking standards, which unintentionally removed the
appropriate reference locations for footnotes 3 and 4 in KCC 15.05.040.
D. On November 8, 2022, a request for expedited review was
sent to the Washington State Department of Commerce, which
acknowledged that the request was received on November 9, 2022. On
November 22, 2022, the City was granted expedited review and was
informed that it had met the Growth Management Act notice requirements
under RCW 36. 70A.106.
E. On November 14, 2022, the Land Use and Planning Board held
a regular meeting to discuss these code amendments.
F. On November 14, 2022, staff presented the amendments the
Economic and Community Development Committee.
G. On November 16, 2022, the City's SEPA Responsible Official
issued a Determination of Nonsignificance for these 2022 Housekeeping
Amendments (ENV-2022-17 / RPSA-2224073).
H. On November 28, 2022, after appropriate public notice, the
Land Use and Planning Board held a public hearing to consider the proposed
code amendments and forwarded their recommendation to adopt the
amendments, as presented, to the City Council. No public comment was
received.
I. On December 6, 2022, the City Council Public Operations and
Safety Committee considered the recommendation of the Land Use and
3 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 149
8.M.a
Planning Board and made a recommendation to adopt the ordinance to the
full City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 15.02.135. Section 15.02.135 of
the Kent City Code, entitled "Family," is amended as follows:
Sec. 15.02.135. Family. Family means an individual; two or more
persons related by blood, marriage, or state -registered domestic partnership
under Chapter 26.60 RCW; a group of two or more disabled residents
protected under the Federal Housing Act Amendments, who are not related
by blood, marriage, or state -registered domestic partnership under Chapter
26.60 RCW, living together as a single housekeeping unit; or
er feweF residents two or more persons who are not related by blood,
marriage, or state -registered domestic partnership under Chapter 26.60
RCW, living together as a single housekeeping unit.
SECTION 2. - Amendment - KCC 15.02.260. Section 15.02.260 of
the Kent City Code, entitled "Mixed use development," is amended as
follows:
Sec. 15.02.260. Mixed use development. Mixed use development
shall mean two or more permitted uses or conditional uses developed in
conjunction with one another on the same site. Provided that the
aforementioned requirements are met, a mixed use development may
include two or more separate buildings.
,
4 Amending Title 15 -Annual
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8.M.a
.. W-M
-- -- -- -- -- ------ - -- - -- - --
-- - -- - -
. . . . . . . . . . . .
. . . ..
- -- - - -- - -- -- -- -- --W.M.-
N NO -- - - --
::--
SECTION 3. - Amendment - KCC 15.02.307. Section 15.02.307 of
the Kent City Code, entitled "Opiate substitution treatment facility," is
amended as follows:
Sec. 15.02.307. Opiate substitution treatment facility. Opiate
substitution treatment facility means an agency, business, clinic or other
facility that administers opiate substitution treatment services, including the
dispensing of approved opioid agonist treatment medication used in the
treatment of opiate dependency, fiR aEEeFd-ai9ee-=with RGW 70
SECTION 4. - Amendment - KCC 15.04.050. Section 15.04.050 of
the Kent City Code, entitled "Industrial land use development conditions," is
amended as follows
Sec. 15.04.050. Industrial land use development conditions.
1. [Reserved].
2. Light manufacturing is permitted in the downtown commercial
enterprise district as follows:
a. Laboratory and related industrial research and development
uses are permitted, including such uses as hardware or robotics testing,
industrial showrooms, and training facilities for industrial machinery.
5 Amending Title 15 -Annual
Housekeeping Amendments
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8.M.a
b. Operations of sorting, packaging, recycling, or distribution are
not permitted except as accessory uses to the on -premises manufacturing.
C. Heavy industrial uses that have significant external impacts
such as noise, olfactory pollution, or vibration are not permitted.
d. All processing, fabricating, or assembly of products (i.e., light
manufacturing) takes place wholly within an enclosed building.
i. Assembly is defined as creation of a component or end
item made from a number of parts and subassemblies. This does not include
the putting together of kits, gift baskets, or packaging items produced
elsewhere for purposes of e-commerce or wholesale trading.
e. Storage is limited to items consumed, produced, or altered on
the premises.
i. Outdoor storage shall only be allowed as an accessory
use to another principal use.
A. The material(s) being stored shall not exceed 12
feet in height at any point.
B. The material(s) being stored shall be wrapped or
enclosed to prevent wind-blown debris.
C. The storage area shall not exceed 15 percent of
the building footprint or five percent of the lot area, whichever is less.
D. Outdoor storage shall be screened from public
view from Class A and B streets (as defined in the downtown design
guidelines) and from trails by Type I landscaping and minimum six -foot -tall
fence or wall.
E. Outdoor storage shall be sited to minimize
visibility.
f. Truck storage is only permitted as an accessory use to a
principally permitted use on sites two and one-half acres or larger that also
have access to a principal arterial or higher classification roadway within 500
feet of the property, or as otherwise approved by the director.
g. Areas designated for truck parking or loading shall be
concealed from view along public streets or trails. Dock -high doors for truck
loading are permitted at a ratio of one door per 25,000 square feet of
building area.
h. Dock -high loading doors shall be set back, recessed, and/or
screened so as not to be visible from adjacent local streets or residential
properties.
i. The office portion of a manufacturing use shall be adjacent to
the public street with the highest classification.
j. Buildings must have entries on abutting Class A and B streets
(as defined in the downtown design guidelines) and those entries shall
include substantial fenestration on the associated facade to emphasize the
entry.
6 Amending Title 15 -Annual
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8.M.a
3. Small-scale light manufacturing operations as follows: stamping,
brazing, testing, electronic assembly, and kindred operations where the
building, structure, or total operation does not encompass more than 10,000
square feet of area. The 10,000-square-foot total shall include all indoor and
outdoor storage areas associated with the manufacturing operation. Only
one 10,000-square-foot manufacturing operation shall be permitted per lot.
4. [Reserved].
5. Contractor shops where most of the work is done on call, and which
do not rely on walk-in trade, but where some incidental storage or semi -
manufacturing work is done on the premises, such as carpentry, heating,
electrical, or glass shops, printing, publishing, or lithographic shops,
furniture, upholstery, dry cleaning, and exterminators.
6. Accessory uses include sales of product accessory to and directly
related to the manufacturing or warehousing use on the site.
7. [Reserved].
8. [Reserved].
9. Includes incidental storage facilities and loading/unloading areas
10. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
11. [Reserved].
- -- -- -- - - - - --WIN A OWN
- - - -- -
-- - - -cleanup permit requirements - - - -subject,
15.98.950.
--Reserved.
13. [Reserved].
sr_ OTTR
.. .
7 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 153
8.M.a
Reserved.
..191. S Ck Any hazardeus substance land use that is net an accesseFy use
-.
16. [Reserved].
17. [Reserved].
18. [Reserved].
19. Miniwarehouses are limited to 40 percent of the gross leasable area
of the building in which the miniwarehousing use is located, and cannot be
located on the ground floor. For purposes of this title, "miniwarehouses"
means any real property designed and used for the purpose of renting or
leasing individual storage space to occupants who are to have access to the
space for the purpose of storing and removing personal property on a self-
service basis, but does not include a garage or other storage area in a private
residence.
20. [Reserved].
8 Amending Title 15 -Annual
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Packet Pg. 154
8.M.a
VA
- - - -
- - - - - - - - - - - - - - - - - -
■
■
■
----- - -- - ------ - - - - -- - -- --- ---- - - --
Amending Title 15 -Annual
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r
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Packet Pg. 155
8.M.a
22. Permitted uses are limited to storage, warehousing, processing, and
conversion of agricultural, dairy, and horticultural products, but not
including slaughtering, meat packing, and fuel farm facilities.
23. [Reserved].
24. [Reserved].
25. [Reserved].
26. [Reserved].
27. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
28. [Reserved].
29. [Reserved].
30. [Reserved].
31. Reuse or replacement of existing structures for nonagricultural uses
is allowed where it is shown that the existing structures are obsolete for
agricultural use and will have no viable economic use unless they can be put
to nonagricultural use. Any replacement structures must maintain or
enhance the agricultural appearance of the property. Signs shall be limited
to not more than 100 square feet in area per business, and of that amount,
freestanding signs shall not exceed 40 square feet in area. No increase in
the area of existing impervious surface shall be allowed in connection with
a nonagricultural use.
32. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
33. All uses within a complex must be principally permitted uses within
the zoning district.
34. [Reserved].
35. Outside storage or operations yards in the I1, I2, and I3 districts shall
be permitted only as accessory uses. Such uses are incidental and
10 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 156
8.M.a
subordinate to the principal use of the property or structure. Outdoor
storage is limited to 15 percent of the total site area in the I1 district, 30
percent of the total site area in the I2 district, and 50 percent of the total
site area in the I3 district.
36. [Reserved].
37. In the I1, I2, and I3 districts, commercial, office, and retail uses are
allowed; these uses are limited to 30,000 square feet per occupancy.
38. Reference KCC 15.07.040(B), outdoor storage landscaping.
SECTION 5. - Amendment - KCC 15.04.170. Section 15.04.170 of
the Kent City Code, entitled "Agricultural and residential zone development
standards," is amended as follows:
11 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 157
8.M.a
Sec. 15.04.170. Agricultural and residential zone development standards.
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Amending Title 15 -Annual
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Packet Pg. 158
8.M.a
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60 ft
60 ft
50 ft
50 ft
50 ft
40 ft
25 ft
80 ft
25 ft
80 ft
80 ft
25 ft
80 ft
80 ft
25 ft
80 ft
80 ft
25 ft
80 ft
80 ft
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Maximum site coverage:
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30 %
45%
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50 %
55%
55%
40 %
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40 %
45°%
55%
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13
Amending Title 15 -Annual
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8.M.a
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14
Amending Title 15 -Annual
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Packet Pg. 160
8.M.a
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15
Amending Title 15 -Annual
Housekeeping Amendments
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and clustering (24)
The provisions in KCC 15.08.300, 15.08.310, 15.08.320, and 15.08.330 shall apply.
Signs
The sign regulations of Chapter 15.06 KCC shall apply.
Off-street parking
The off-street parking requirements of Chapter 15.05 KCC shall apply.
Landscaping
The landscaping requirements of Chapter 15.07 KCC shall apply.
U1.1
Amending Title 15 -Annual
Housekeeping Amendments
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17
Amending Title 15 -Annual
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SECTION 6. - Amendment - KCC 15.04.180. Section 15.04.180 of
the Kent City Code, entitled 'Agricultural and residential zone development
standard conditions," is amended as follows:
Sec. 15.04.180. Agricultural and residential zone development
standard conditions.
1. There shall be no minimum lot size in the zone. However, when
creating a zero lot line subdivision under KCC 12.04.260, the minimum lot
size identified in KCC 15.08.320 and 15.08.330 shall apply. +R4n Fni-��
M s 8,500 square feet fer the fiFSt twe dwelling units, and 2,S90 squaFe feet,
2. Minimum let aFea is ..
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4. To determine minimum lot width for irregular lots, a circle of
applicable diameter (the minimum lot width permitted) shall be scaled within
the proposed boundaries of the lot; provided, that an access easement to
another lot is not included within the circle.
5. Interior yards shall not be computed as part of the site coverage.
6. Porches and private shared courtyard features may be built within the
front building setback line.
18 Amending Title 15 -Annual
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8.M.a
7. For properties abutting on West Valley Highway, the frontage on West
Valley Highway shall be considered the front yard.
8. Proposed front yards less than 20 feet in depth are subject to approval
by the planning manager, based on review and recommendation from the
public works department relative to the existing and future traffic volumes
and right-of-way requirements as specified in the city comprehensive
transportation plan and city construction standards.
9. At least 20 linear feet of driveway shall be provided between any
garage, carport, or other primary parking area and the street property line
with the exception of an alley property line.
10. An aggregate side yard of 30 feet shall be provided. A minimum of 10
feet shall be provided for each side yard. On a corner lot the side yard
setback shall be a minimum of 20 feet from the property line.
11. Each side yard shall be a minimum of 10 percent of the lot width;
however, regardless of lot width, the yard width need not be more than 30
feet. For multifamily townhouse developments that attach three units or
less, in the MRT-12 or MRT-16 zoning districts, the aggregate yard width
need not be more than 30 feet, but in no case shall a yard be less than 10
feet.
12. Structures for feeding, housing, and care of animals, except
household pets, shall be set back 50 feet from any property line.
13. Additional setbacks for the agricultural general AG zoning district
19 Amending Title 15 -Annual
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8.M.a
a. Structures for feeding, housing, and care of animals shall be
set back 50 feet from any property line.
b. Transitional conditions shall exist when an AG district adjoins a
residential district containing a density of two dwelling units or more per
acre or a proposed residential area indicated on the city comprehensive plan.
Such transitional conditions shall not exist where the separation includes an
intervening use such as a river, railroad main line, major topographic
differential, or other similar conditions, or where the industrial properties
face on a limited access surface street on which the housing does not face.
When transitional conditions exist as defined in this subsection, a yard of
not less than 50 feet shall be provided.
C. Setbacks, Green River. Industrial development in the AG
district abutting the Green River, or Russell Road or Frager Road where such
roads follow the river bank, shall be set back from the ordinary high-water
mark of the river a minimum of 200 feet. Such setbacks are in accordance
with the city comprehensive plan and in accordance with the high quality of
site development typically required for the industrial park areas of the city
and in accordance with the State Shoreline Management Act of 1971, and
shall be no more or less restrictive than the Shoreline Management Act.
14. An inner court providing access to a double -row building shall be a
minimum of 20 feet.
15. The distance between principal buildings shall be at least one-half the
sum of the height of both buildings; provided, however, that in no case shall
the distance be less than 12 feet. This requirement shall also apply to
portions of the same building separated from each other by a court or other
open space.
20 Amending Title 15 -Annual
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8.M.a
16. The height limitations shall not apply to barns and silos; provided,
that they are not located within 50 feet of any lot line.
17. Beyond this height, to a height not greater than either four stories or
60 feet, there shall be added one additional foot of yard for each additional
foot of building height.
18. The planning manager shall be authorized to approve a height greater
than four stories or 60 feet, provided such height does not detract from the
continuity of the area. When a request is made to exceed the building height
limit, the planning manager may impose such conditions, within a
reasonable amount of time, as may be necessary to reduce any
incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet when the lot is
greater than one acre.
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations; provided, that limited grade and fill
may be approved as needed to construct permitted buildings or structures.
C. All subsurface activities, including excavation for underground
utilities, pipelines, or other underground installations, that cause permanent
disruption of the surface of the land. Temporarily disrupted soil surfaces
shall be restored in a manner consistent with agricultural uses.
d. Dumping or storage of nonagricultural solid or liquid waste, or
of trash, rubbish, or noxious materials.
21 Amending Title 15 -Annual
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8.M.a
e. Activities that violate sound agricultural soil and water
conservation management practices.
21. Outdoor storage for industrial uses shall be located at the rear of a
principally permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP. The standards and
procedures of the city mobile home park code shall apply. General
requirements and standards for mobile home park design, KCC 12.04.055;
mobile home parks, Chapter 12.05 KCC.
23. Except for lots used for agricultural practices, the maximum
impervious surface area allowed shall be 10,000 square feet.
24. Minimum lot width, building setbacks, and minimum lot size
regulations may be modified consistent with provisions for zero lot line and
clustering housing development.
25. Assisted living facilities, independent senior living facilities, and
residential facilities with health care are subject to multifamily design review
as provided for in KCC 15.09.045(D), except when located within downtown
or along Meeker Street from 64th Avenue South to Kent -Des Moines Road,
where development is subject to downtown design review pursuant to
KCC 15.09.046.
26. The requirements of KCC 15.09.045(D) for multifamily design review
shall apply to any multifamily dwelling or transitional housing of three or
more units, including triplex townhouse structures, except when located
within downtown or along Meeker Street from 64th Avenue South to Kent-
22 Amending Title 15 -Annual
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8.M.a
Des Moines Road (where development is subject to downtown design review
pursuant to KCC 15.09.046), or when located in a single-family plat or short
plat, where residential design review applies pursuant to KCC 15.09.045(C).
27. Minimum lot aFea is ..
CA
28. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application of a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
29. All multifamily townhouse developments in the MR-T zone shall be
townhouses with ownership interest only.
30. As an option to the five-foot side yard requirement for single-family
development in all multifamily zoning districts as set forth in KCC 15.04.170,
a side yard width of no less than three feet may be utilized under the
following conditions:
a. Fire hydrants for the development, as required by the fire code
set forth in KCC Title 13, will be placed a maximum of 300 feet in separation;
b. The required fire hydrants shall have a minimum fire flow of
1,500 gallons per minute; and
C. Emergency vehicle access roads shall be provided to the
development, which include an improved road accessible within 150 feet of
all portions of the exterior first floor of the structure.
This option is subject to the approval of the Washington State Building
Council. Application of this option shall be effective upon receipt by the city
of Kent of such approval.
23 Amending Title 15 -Annual
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8.M.a
31. Where lands are located wholly or partially within the urban separator,
as designated on the city of Kent comprehensive land use plan map, dwelling
units shall be required to be clustered, subject to the provisions of Chapter
12.04 KCC, Subdivisions, Binding Site Plans, and Lot Line Adjustments. The
density in a cluster subdivision shall be no greater than the density that
would be allowed on the parcel as a whole, including all critical areas (creeks,
wetlands, geological hazard areas) and buffers, using the maximum density
provisions of the zoning district in which it is located.
The common open space in a cluster subdivision shall be a minimum of 50
percent of the nonconstrained area of the parcel. The nonconstrained area
of the parcel includes all areas of the parcel, minus critical areas, as defined
in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers.
The remainder of the nonconstrained area of the parcel shall be the buildable
area of the parcel. The common open space tracts created by clustering shall
be located and configured in the manner that best connects and increases
protective buffers for environmentally sensitive areas, connects and protects
area wildlife habitat, creates connectivity between the open space provided
by the clustering and other adjacent open spaces as well as existing or
planned public parks and trails, and maintains scenic vistas. Critical areas
and buffers shall not be used in determining lot size and common open space
requirements in a cluster subdivision. All natural features (such as streams
and their buffers, significant stands of trees, and rock outcroppings), as well
as sensitive areas (such as steep slopes and wetlands and their buffers),
shall be preserved as open space in a cluster subdivision.
Future development of the common open space shall be prohibited. Except
as specified on recorded documents creating the common open space, all
24 Amending Title 15 -Annual
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8.M.a
common open space resulting from lot clustering shall not be altered or
disturbed in a manner that degrades adjacent environmentally sensitive
areas, rural areas, agricultural areas, or resource lands; impairs scenic
vistas and the connectivity between the open space provided by the
clustered development and adjacent open spaces; degrades wildlife habitat;
and impairs the recreational benefits enjoyed by the residents of the
development. Such common open spaces may be retained under ownership
by the owner or subdivider, conveyed to residents of the development,
conveyed to a homeowners' association for the benefit of the residents of
the development, conveyed to the city with the city's consent and approval,
or to another party upon approval of the city of Kent.
The minimum lot size of individual lots within a clustered subdivision is 2,500
square feet, and the minimum lot width is 30 feet. In the event that common
open space prohibits development of one single-family residence on the
parcel, the common open space will be reduced by the amount necessary to
meet the minimum 2,500-square-foot lot size. New lots created by any
subdivision action shall be clustered in groups not exceeding eight units.
There may be more than one cluster per project. Separation between cluster
groups shall be a minimum of 120 feet. Sight -obscuring fences are not
permitted along cluster lot lines adjacent to the open space area.
32. For multifamily townhouse developments that attach three units, the
minimum building -to -building separation shall be 10 feet. For duplex and
single-family condominium townhouse developments, the minimum
building -to -building separation shall be established through the
International Building Code (IBC) or International Residential Code (IRC),
as may be applicable.
25 Amending Title 15 -Annual
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33. Where lands are located wholly outside the urban separator, as
designated on the city of Kent comprehensive land use plan map, dwelling
units may be clustered, subject to the applicable provisions of Chapter 12.04
KCC.
34. The downtown design review requirements of KCC 15.09.046 shall
apply for all development within downtown or along Meeker Street from 64th
Avenue South to Kent -Des Moines Road.
35. Minimum lot area requirements do not apply to multifamily
development in the Kent downtown planning area identified in KCC
15.09.046.
36. Cargo containers proposed to be located in a residential zone must be
located completely within a stick -built structure with a peaked roof and
building materials similar to that of the principal residence on the site. No
containers greater than 10 feet by 20 feet may be placed in residential
districts. This restriction does not apply to containers collecting debris or
accepting household goods for moving that are located on residential
property for less than 72 hours. Additionally, institutional uses are exempt
from these requirements except when a shipping container is proposed to
be located adjacent to or within sight of a residential use.
37. For subdivisions and short subdivisions created after March 22, 2007,
or altered to comply with zoning and subdivision code amendments effective
after March 22, 2007, the minimum lot size shall be 3,000 square feet.
Minimum lot width shall be measured by scaling a 30-foot-diameter circle
within the boundaries of the lot; provided, that easement areas may not be
included in the required 30-foot-diameter circle. The lot frontage along
26 Amending Title 15 -Annual
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8.M.a
private or public streets shall be a minimum 20 feet in width. Minimum
driveway separation shall be 10 feet. Shared driveways are permitted.
38. [Reserved].
39. The residential design review standards of KCC 15.09.045(C) shall
apply.
40. Duplexes are subject to the residential design review standards of
KCC 15.09.045(C), except when located within downtown or along Meeker
Street from 64th Avenue South to Kent -Des Moines Road, where they are
subject to downtown design review pursuant to KCC 15.09.046.
41. Development adjacent to a regional trail is subject to the following
regional trail corridor development standards:
a. Regional trails for the purposes of this section shall include
scenic and recreational roads and the Green River Trail, Interurban Trail,
and Puget Power Trail.
b. Regional trail access. No building or lot shall be constructed or
created within 500 feet of a regional trail without providing public access to
the regional trail via public sidewalks or a trail system dedicated for public
use by a public access easement. Such sidewalks or private trail systems
shall connect to regional trails at intervals of 500 feet or less, and shall be
accomplished with minimal street crossings.
C. All public access points shall have standard city of Kent signage
indicating trail access.
d. No street connections to scenic and recreational roads shall be
permitted unless no other vehicle access is practical.
27 Amending Title 15 -Annual
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8.M.a
SECTION 7. - Amendment - KCC 15.04.200. Section 15.04.200 of
the Kent City Code, entitled "Mixed use overlay development standards," is
amended as follows:
Sec. 15.04.200. Mixed use overlay development standards.
Overlay Districts
GC -MU
CC -MU
Floor area ratio
Not applicable
0.40 for commercial uses.
0.50 for commercial uses combined with
residential uses; provided, that commercial
floor area may be increased by one square
foot for each square foot of residential floor
area provided up to a maximum
commercial FAR of 0.5.
1.0 for residential uses; provided, that
residential FAR may be increased by 0.5 if
parking is provided below grade, up to a
maximum of 1.5.
Minimum
At least five percent of the gross floor area
At least 25 percent of the gross floor area,
must be a permitted commercial use. The
must be a permitted commercial use,
Commercial
residential component of any mixed use
except for mixed use on parcels two acres
development cannot be permitted or
or less in where at least five percent of the
occupied prior to the permitting or lawful
gross floor area must be a permitted
occupancy of the commercial component.
commercial use. The residential
component of any mixed use development
cannot be permitted or occupied prior to
the permitting or lawful occupancy of the
commercial component.
Site coverage
40 percent for commercial uses.
40 percent for commercial uses.
60 percent for commercial uses with
60 percent for commercial uses with
residential uses; provided, that five percent
residential uses; provided, that 25 percent
of the gross floor area is commercial use,
of the gross floor area is residential use.
except within the downtown area (as
defined in KCC 15.09.046), where 25
percent of the gross floor area must be
commercial use.
Height
65 feet.
25 feet; provided, that basic heights may
be increased up to the maximum height of
40 feet. (1)
Front yard
Zero feet; provided, that some setback
Zero feet; provided, that some setback
may be required in the front yard to
may be required in the front yard to
accommodate a sidewalk which shall be at
accommodate a sidewalk which shall be at
least 10 feet in width.
least 10 feet in width.
Rear and side yard
Zero feet; provided, that setbacks of at
Zero feet; provided, that setbacks of at
least 20 feet will be required in any rear
least 20 feet will be required in any rear
or side yards that are adjacent to a
or side yards that are adjacent to a
residential zoning district.
residential zoning district.
Off-street parking
The off-street parking requirements of
Retail/office uses: four spaces per 1,000
Chapter 15.05 KCC shall apply.
square feet of floor area. (2)
Residential uses. (3)
28 Amending Title 15 -Annual
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8.M.a
Overlay Districts
GC -MU
CC -MU
Design review
Design review requirements of
Design review requirements of
KCC 15.09.045(F) shall apply for all mixed
KCC 15.09.045(F) shall apply for all mixed
use development in GC -MU zones, except
use development in CC -MU zones, except
for the following:
for the following:
a. Developments along
a. Developments along
Meeker Street from 64th Avenue South to
Meeker Street from 64th Avenue South to
Kent -Des Moines Road and in downtown
Kent -Des Moines Road and in downtown
are subject to downtown design review
are subject to downtown design review
requirements of KCC 15.09.046.
requirements of KCC 15.09.046.
b. Independent senior living
b. Independent senior living
facilities, assisted living
facilities, assisted living
facilities, residential facilities with health
facilities, residential facilities with health
care or transitional housing of three or
care or transitional housing of three or
more families located outside of downtown
more families located outside of downtown
and Meeker Street from 64th Avenue
and Meeker Street from 64th Avenue
South to Kent -Des Moines Road are
South to Kent -Des Moines Road are
subject to multifamily design review as
subject to multifamily design review as
provided for in KCC 15.09.045(D).
provided for in KCC 15.09.045(D).
SECTION S. - Amendment - KCC 15.05.040. Section 15.05.040 of
the Kent City Code, entitled "Parking standards for specific activities," is
amended as follows:
Sec. 15.05.040. Parking standards for specific activities.
A. Standards for the number of parking spaces for specific activities are
indicated in the following chart:
SPECIFIC LAND USE
PARKING SPACE
REQUIREMENT
Living activities
Single-family
Two parking spaces
per single-family dwelling.
Duplex
Two parking spaces
per dwelling unit.
Multifamily) 2.3.4
One parking space per unit
for efficiency apartments in
all sized developments; two
parking spaces for
each dwelling unit for
developments with 49 or
less dwelling units; one and
eight -tenths parking spaces
per dwelling unit for
29 Amending Title 15 -Annual
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8.M.a
SPECIFIC LAND USE
PARKING SPACE
REQUIREMENT
developments of 50 or
more dwelling units.
Accessory dwelling
One off-street parking space
unit
per accessory unit is
required in addition to the
required parking for the
single-family home.
The planning director may
waive this requirement
where there are special
circumstances related to the
property and its location.
The surface of a
required ADU off-street
parking space shall comply
with KCC 15.05.090(E).
Boardinghouses and
One parking space for the
lodging houses
proprietor, plus one space
per sleeping room for
boarders or lodging use,
plus one additional space for
each four persons employed
on the premises.
Mobile
Two parking spaces for
and manufactured
each mobile home site.
home parks
Recreational vehicle
One parking space for each
park
site.
Hotels,
One parking space for each
guest room, plus two parking
spaces for each three
employees.
Commercial activities
Banks6
One parking space for each
200 square feet of gross
floor area, except when part
of a shopping center.
Professional and
One parking space for each
business offices6
250 square feet of gross
floor area, except when part
of a shopping center.
Shopping centers,
Four and one-half spaces
per 1,000 square feet of
gross leaseable area (GLA)
for centers having GLA of
30 Amending Title 15 -Annual
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8.M.a
SPECIFIC LAND USE
PARKING SPACE
REQUIREMENT
less than 400,000 square
feet, and five spaces per
1,000 square feet of GLA for
centers having a GLA of
over 400,000 square feet.
Restaurants,
One parking space for each
nightclubs, taverns and
100 square feet of gross
lounges8
floor area, except when part
of a shopping center.
Retail stores,
One parking space for each
supermarkets,
200 square feet of gross
department stores and
floor area, except when
personal service
located in a shopping center.
shops9
Other retail
One parking space for each
establishments;
500 square feet of gross
furniture, appliance,
floor area, except when
hardware stores,
located in a shopping center.
household equipment
service shops, clothing
or shoe repair shops°
Drive-in businessil
One parking space for each
100 square feet of gross
floor area, except when
located in a shopping center.
Uncovered commercial
One parking space for each
area, new and used
5,000 square feet of retail
car lots, plant nursery
sales area in addition to any
parking requirements
for buildings, except when
located in a shopping center.
Motor vehicle repair
One parking space for each
and services
400 square feet of gross
floor area, except when part
of a shopping center.
Industrial showroom
One parking space for each
and display
500 square feet of display
area.
Bulk retail stores
One parking space for each
350 square feet of gross
floor area.
Industrial activities
Manufacturing and
One parking space for each
industrial uses,
1,000 square feet for 90% of
31 Amending Title 15 -Annual
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8.M.a
SPECIFIC LAND USE
PARKING SPACE
REQUIREMENT
including warehouses,
the gross floor area, and one
storage buildings, and
parking space per 250
speculative warehouse
square feet for 10% of
and
the gross floor area. When
industrial buildings with
total of uses other than
multiple use or tenant
manufacturing and industrial
potential
exceeds 10% of the gross
floor area, the parking
requirements for
those uses shall apply.
Recreation -amusement activities
Auditoriums, theaters,
One parking space for each
places of public
four fixed seats, or one
assembly, stadiums,
parking space for each 100
and outdoor sports
square feet of floor area of
areas12
main auditorium or of
principal place of assembly
not containing fixed seats,
whichever is greater.
Bowling alleys13
Five spaces for each alley,
except when located in
a shopping center.
Dance halls and
One parking space for each
skating rinks ^
200 square feet of gross
floor area, except when
located in a shopping center.
Golf driving ranges
One parking space for each
driving station.
Miniature golf courses
One parking space for each
hole.
Recreational buildings,
One parking space for each
whether independent
200 square feet of gross
or associated with a
floor area. Such spaces
multifamily complex
shall be located adjacent to
the building and shall be
designated for visitors by
signing or other special
markings.
Educational activities
Senior high schools,
One space for each
public, parochial, and
employee plus one space for
private
each 10 students enrolled.
In addition, if buses for the
transportation of children are
kept at the school, one off-
32 Amending Title 15 -Annual
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8.M.a
SPECIFIC LAND USE
PARKING SPACE
REQUIREMENT
street parking space shall be
provided for each bus, of a
size sufficient to park each
bus.
One additional parking
space for each 100 students
shall be provided for visitors
in the vicinity of or adjacent
to the administration portion
of the building or complex.
Such parking spaces shall
be so designated by signing
or other special marking as
approved by the traffic
engineer.
Colleges and
Two and one-half parking
universities and
spaces for each employee,
business and
plus one space for each
vocational schools15
three students residing on
campus, plus one space for
each five day students not
residing on campus. In
addition, if buses for
transportation of students
are kept at the school, one
off-street parking space shall
be provided for each bus, of
a size sufficient to park each
bus.
One additional parking
space for each 100 students
shall be provided for visitors
in the vicinity of or adjacent
to the administration portion
of the building or complex.
Such parking spaces shall
be so designated by signing
or other special marking as
approved by the traffic
engineer.
Elementary and junior
One parking space for each
high
employee, plus one parking
space for every 50 student
capacity (Capacity means
the designed capacity of the
school, even if actual
enrollment varies by year).
In addition, if buses for
transportation of students
33 Amending Title 15 -Annual
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Packet Pg. 179
8.M.a
SPECIFIC LAND USE
PARKING SPACE
REQUIREMENT
are kept at the school, one
off-street parking space shall
be provided for each bus, of
a size sufficient to park each
bus. Consideration for
student loading/unloading
and pick-up/drop-off areas
shall be integrated in the site
plan.
Libraries and
One parking space for each
museums
250 square feet in office and
public use.
Day-care centers
One parking space for each
employee, plus loading and
unloading areas.
Medical activities
Medical and dental
One parking space for each
offices16
200 square feet of gross
floor area, except when
located in a shopping center.
Convalescent, nursing,
One parking space for each
and health institutions
two employees, plus one
parking space for each three
beds.
Hospitals
One parking space for each
three beds, plus one parking
space for each staff doctor,
plus one parking space for
each three employees.
Religious activities
Churches,
One space for each five
religious institutions, or
seats in the main auditorium/
other places of
gathering place; provided,
worship17
that the spaces for
any institution shall not be
less than 10. One seat is
equivalent to seven square
feet, for institutions that do
not have seats in the main
gathering place. For all
existing institutions enlarging
the seating capacity of their
auditoriums, one additional
parking space shall be
provided for each five
34 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 180
8.M.a
SPECIFIC LAND USE
PARKING SPACE
REQUIREMENT
additional seats provided by
the new construction. For all
existing institutions making
structural alterations or
additions which do not
increase the seating
capacity of the auditorium,
no additional parking need
be provided.
Mortuaries or funeral
One parking space for each
homes
100 square feet of floor area
of assembly rooms.
Other uses
For uses not specifically
identified in this section, the
amount of parking required
shall be determined by the
planning department, based
on staff experience, parking
required for similar uses,
and, if appropriate,
documentation provided by
the applicant.
1. Where enclosed garages are utilized to provide parking
required by this title, an 18-foot stacking space shall be provided in front of
such garage units; provided, however, the planning director shall have the
authority to approve alternative plans where the developer can assure that
such garage units will continue to be available for parking purposes and will
not cause onsite parking or circulation problems. These assurances include
but are not limited to: (a) covenants that run with the land or homeowners'
association that require garages to be utilized for the storage of vehicles,
(b) maintenance of drive aisle widths of 26 feet in front of each garage unit,
and (c) maintenance of minimum clearances for fire lanes on the site.
Special parking for recreational vehicles will not be required as long as the
facility does not permit recreational vehicles other than campers or vehicles
that will fit into a normal -sized parking stall. If recreational vehicles are to
be permitted on the development, they must be screened and fenced.
2. Exceptions for senior citizen apartments in multifamily
buildings:
a. The multifamily parking requirement may be reduced as
determined by the planning director. The planning director shall base his/her
decision on a parking study that supports one or more of the following:
35 Amending Title 15 -Annual
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Packet Pg. 181
8.M.a
i. Availability of private, convenient, regular
transportation services to meet the needs of the tenants;
ii. Accessibility to and frequency of public
transportation;
iii. Pedestrian access to health, medical, and
shopping facilities;
iv. Minimum age requirement to reside in subject
apartments;
V. Special support services offered by the facility;
vi. Other documentation or standards that support a
permanent reduction of parking stalls.
3. In MTC-1, MTC-2, and MCR zoning districts, a minimum of
three -fourths parking space per dwelling unit, or conduct a parking
feasibility study to determine need. No spaces provided for recreation
vehicles.
4. For senior developments iln MTC-1, MTC-2, and MCR zoning
districts, one parking space for every four dwelling units, or conduct a
parking feasibility study to determine need.
5. In MTC-1, MTC-2, and MCR zoning districts, one parking space
for each guest room, plus two parking spaces for every five employees, or
conduct a parking feasibility study to determine need.
6. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, except when part of a shopping center,
or conduct a parking feasibility study to determine need; in MTC-2 zoning
district, one parking space for every 500 square feet of gross floor area, or
conduct a parking feasibility study to determine need.
7. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, or conduct a parking feasibility study to
determine need.
8. In MTC-1 and MCR zoning districts, one parking space for every
200 square feet of gross floor area, or conduct a parking feasibility study to
determine need; in MTC-2 zoning district, a minimum of one parking space
for every 300 square feet of gross floor area, or conduct a parking feasibility
study to determine need. No parking is required if use is 3,000 square feet
or less and with a parking supply of at least 20 spaces within 500 feet or
1,000 feet of a public garage.
36 Amending Title 15 -Annual
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Packet Pg. 182
8.M.a
9. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, or conduct a parking feasibility study to
determine need; in MTC-2 zoning district, one parking space for every 500
square feet of gross floor area, or conduct a parking feasibility study to
determine need. No parking is required if use is 800 square feet or less and
with a parking supply of at least 20 spaces within 500 feet or 1,000 feet of
a public garage.
10. In MTC-1, MTC-2, and MCR zoning districts, one parking space
for every 1,000 square feet of gross floor area, or conduct a parking
feasibility study to determine need. No parking is required if use is 800
square feet or less and with a parking supply of at least 20 spaces within
500 feet or 1,000 feet of a public garage.
11. In MTC-1 and MCR zoning districts, one parking space for every
400 square feet of gross floor area, except when located in a shopping
center.
12. In MTC-1 and MCR zoning districts, conduct a parking feasibility
study to determine need.
13. In MTC-1 and MCR zoning districts, three parking spaces for
each alley, except when located in a shopping center.
14. In MTC-1 and MCR zoning districts, one parking space for every
500 square feet of gross floor area, or conduct a parking feasibility study to
determine need.
15. In MTC-1, MTC-2, and MCR zoning districts, conduct a parking
feasibility study to determine need.
16. In MTC-1, MTC-2, and MCR zoning districts, a minimum of one
parking space for every 400 square feet of gross floor area, or conduct a
parking feasibility study to determine need.
17. In MTC-1, MTC-2, and MCR zoning districts, one parking space
for every 10 seats in the main auditorium; provided, that the spaces for any
church shall not be less than 10. For all existing churches enlarging the
seating capacity, one additional parking space shall be provided for every
10 seats provided by the new construction.
B. Mixed occupancies or mixed use if one occupancy. In the case of two
or more uses in the same building, the total requirements for off-street
37 Amending Title 15 -Annual
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Packet Pg. 183
8.M.a
parking facilities shall be the sum of the requirements for the several uses
computed separately; except in shopping centers, and except as provided
in the mixed use overlay, KCC 15.04.200. Off-street parking facilities for one
use shall not be considered as providing required parking facilities for any
other use, except as permitted in subsection (C) of this section pertaining to
joint use.
C. Joint use. The minimum amount of off-street parking required by
subsection (A) of this section may be reduced by the planning director when
shared parking facilities for two or more uses are proposed if:
1. The total parking area exceeds 5,000 square feet;
2. The parking facilities are designed and developed as a single
onsite common parking facility, or as a system of onsite and offsite facilities
if all facilities are connected with improved pedestrian facilities and located
within 500 feet of the buildings or use areas they are intended to serve;
3. The amount of reduction in off-street parking does not exceed
10 percent per use unless it is documented that the peak parking demand
hours of two or more uses are separated by at least one hour;
4. The subject properties are legally encumbered by an easement
or other appropriate means which provide for continuous joint use of the
parking facilities. Documentation shall require review and approval by the
city attorney; and
5. The total number of parking spaces in the shared parking
facility is not less than the minimum required by any single use.
D. Employee parking. Where employee parking will be maintained
separately and in addition to parking for the general public, the regulations
of this subsection shall apply:
1. Minimum parking stall sizes, aisle widths, and percentage of
compact car stalls shall be as per other requirements in this chapter.
2. Employee parking must be clearly identified as such and not
become parking for the general public.
3. If the employee parking is changed to parking for the general
public, the normal regulations for off-street parking shall be in force.
38 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 184
8.M.a
4. Employee parking shall not be in lieu of parking requirements
per activity as stated in this section.
E. Temporary parking facilities. Temporary parking facilities may be
permitted by the planning director when it has been shown that:
1. The existing use of the subject property has adequate legal
nonconforming parking or that existing parking conforms to the applicable
standards of this title.
2. The temporary parking facility is primarily intended to serve
the public at large and not the existing use on the property.
3. The temporary parking facility serves a public need.
4. The temporary facility meets the following minimum standards:
a. There shall be a minimum of 285 square feet gross area
per stall.
b. The pavement section shall be a minimum of four inches
of five -eighths -inch minus C.R. crushed rock with bituminous surface
treatment, subject to engineering department review.
C. Onsite drainage control and detention shall be provided
per the drainage ordinance.
d. Ingress and egress and interior circulation and perimeter
control shall be subject to traffic engineer approval.
F. Compact car parking.
1. Parking stall size shall be a minimum of eight feet by 16 feet.
Aisle width shall be per the requirements of KCC 15.05.080 and Diagram
No. 1 following KCC 15.05.100.
2. Compact car parking spaces shall be clearly identified by
signing or other marking as approved by the city engineer.
3. Compact car parking spaces shall not exceed 30 percent of the
total required parking, and shall be distributed throughout the entire parking
area. For parking lots of more than 20 stalls, up to 50 percent of the total
required parking may be compact car parking spaces. Compact stalls cannot
be located along a fire lane in lots where the percentage of compact stalls
exceeds 30 percent, unless approved by the fire marshal.
39 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 185
8.M.a
4. See KCC 15.05.080 and diagram No. 1 following KCC
15.05.100 for typical compact car stall arrangements.
G. Transit and rideshare provisions.
1. The planning director may reduce the minimum number of off-
street parking stalls for businesses which have a commute trip reduction
program filed with the city. Based upon a review of this program and input
from other staff members, a reduction of up to 20 percent of the minimum
standard may be approved. Any reduction in the amount of required parking
is only valid for as long as the approved CTR program is in effect. An
invalidated program or a change in use or operations would result in the
application of the underlying standards per subsection (A) of this section.
2. The planning director may reduce the number of required off-
street parking stalls for businesses which do not have a commute trip
reduction program by one stall for every two car pool stalls, and/or one stall
for every one van pool stall if:
a. Reserved rideshare parking is located convenient to the
primary employee entrance;
b. Reserved areas are clearly marked by signs for use by
approved and qualified rideshare vehicles;
C. The use of reserved areas for rideshare parking is
actively enforced by the employer; and
d. The total reduction in the number of parking stalls does
not exceed 10 percent of the required stalls.
SECTION 9. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 10. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
40 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 186
8.M.a
SECTION 11. - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TAMMY WHITE, CITY ATTORNEY
December 13, 2022
Date Approved
December 13, 2022
Date Adopted
December 16, 2022
Date Published
41 Amending Title 15 -Annual
Housekeeping Amendments
Packet Pg. 187
8.N
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Resolution Establishing Fee Rates for 2023 - Adopt
MOTION: I move to repeal Resolution No. 2022 and adopt Resolution No.
2052, implementing new fees to be effective January 01, 2023.
SUMMARY: The City establishes a schedule of fees by resolution. Fee update
Resolution No. 2022 was adopted March 16, 2021, and increased fees to cover the
City's cost of providing various licensing, permitting, and inspection processes.
This resolution updates the fees established in Resolution No. 2022 and reflects the
restructuring of fire prevention services fees (Exhibit "B"), the addition of a reduced
plan review fee (Exhibit "C") for building permits, and the addition and removal of
fees in Exhibit "F" for planning fees and modified engineering fees.
BUDGET IMPACT: Intended to obtain full cost recovery for the City's various
permitting and inspection functions.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. 2023 Fee Resolution and Repealing Resolution 2022 (PDF)
Packet Pg. 188
8.N
12/06/22
Operations and Public Safety Committee MOTION
PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER:
Satwinder Kaur, Councilmember
SECONDER:
Zandria Michaud, Councilmember
AYES:
Boyce, Fincher, Kaur, Larimer, Michaud, Thomas,
Troutner
Packet Pg. 189
8.N.a
RESOLUTION NO. 2052
A RESOLUTION of the City Council of the
City of Kent, Washington, adopting and revising
development, business licensing, and other
miscellaneous fees for 2023 and setting the date for
repeal of Resolution No. 2022.
RECITALS
A. Through Resolution No. 1851, adopted December 13, 2011, the
City Council established and consolidated all development, business
licensing, and other miscellaneous fees in one location. These fees are then
reviewed every few years for adjustments that may be appropriate due to
changes in regulatory laws, costs of operation, and other factors. The City
has made these fee adjustments at various times, the latest being adoption
of Resolution 2022 on March 16, 2021.
B. This resolution updates fees established in Resolution No. 2022
reflecting restructuring of Fire Prevention Services fees in Exhibit "B", the
addition of a reduced plan review fee in Exhibit "C" for Building Permit Fees,
and the addition and removal of fees in Exhibit "F", Table 1 and 2 for new
Planning Fees and modified Engineering Fees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
1 2023 Fee Resolution and Repealing
Resolution No. 2022
Packet Pg. 190
8.N.a
RESOLUTION
SECTION 1. - Repealer - Resolution No. 2022. Resolution No. 2022
and the fees established therein will remain in full force and effect through
December 31, 2022. On January 1, 2023, Resolution No. 2022 shall be
repealed in its entirety, and the fees set forth herein shall become effective.
SECTION 2. - Business License Fees. In accordance with Chapter
5.01 of the Kent City Code, annual fees for business licenses will be based
on the number of full and part-time employees employed at each business
with certain exceptions for multi -family apartment and condominium
businesses, home occupation businesses, and contractors doing business in
Kent whose physical address is outside the City of Kent. The fees will be
assessed as follows:
A. Fees based on the number of full-time and part-time employees will
be as follows:
Number of Employees of
Business
Fee
0-24
$100
25 - 49
$200
50 - 99
$400
100 or more
$600
B. The business license fee for multi -family apartments and condominium
businesses is based on the number of dwelling units as noted in the schedule
below. The business license fees will be waived for apartments and
condominiums that participate in and are in compliance with the guidelines
set forth in the STAR program in accordance with Chapter 5.14 KCC.
2 2023 Fee Resolution and Repealing
Resolution No. 2022
Packet Pg. 191
8.N.a
Number of Multi -Family Dwelling Units
Fee
2 - 10 Units
$100
11-50 Units
$300
51 Units and above
$600
C. In addition to the fees described in Section B, apartment businesses
subject to the provisions of Chapter 10.02 KCC - Rental Housing Registration
and Safety Program, shall be assessed an additional fee of $13 per dwelling
unit in conjunction with the annual business license fee.
D. The Home Occupation business license fee is $50.00.
E. Contractors doing business in Kent whose physical location is outside
the City of Kent will be assessed a $100 business license fee.
SECTION 3. - Permit Technology Fee. As authorized by KCC Section
3.11.010(c), a technology fee for all business license transactions will be
assessed in the amount of one dollar ($1) per transaction; every other fee
established by this resolution will be assessed a technology fee in an amount
equal to three percent (3%) of the fee or ten dollars ($10.00), whichever is
greater, with the exception of the exclusions listed in Exhibit A.
SECTION 4. - Hearing Examiner Fees. As authorized by KCC Section
2.32.155, the fee that an applicant will pay for any permit or approval that
requires either an open or a closed record public hearing before the City's
hearing examiner and the fee for any appeal of any decision or
recommendation to the hearing examiner, will be in the amounts shown on
Exhibits B through F.
SECTION 5. - Small Cell Telecommunication Franchise Agreements
and Equipment Installation Fees. Fees associated with franchise utility
3 2023 Fee Resolution and Repealing
Resolution No. 2022
Packet Pg. 192
8.N.a
applications and small cell, site specific equipment installations shall be per
the requirements of Chapter 6.15 of the Kent City Code, and as set forth in
Exhibit F.
SECTION 6. - Franchise or Limited License Agreements for the use of
the Public Right -of -Way. As authorized by Chapter 6.15 KCC, the fees for
franchise or limited license agreements for the use of the public right-of-way
are set forth in Exhibit F.
SECTION 7. - International Fire Code Fees. Pursuant to KCC Sections
13.01.130 and 12.15.100, the fees to be assessed for fire permits, building
permits, land use, and related inspections under the International Fire Code
are set forth in Exhibit B.
SECTION 8. - International Building Code and International
Residential Code Fees. Pursuant to KCC Section 14.01.090, the fees to be
assessed for building permits and related inspections under the International
Building Code or the International Residential Code are set forth in Exhibit C.
SECTION 9. - International Mechanical Code Fees. Pursuant to KCC
Section 14.01.090, the fees to be assessed for mechanical permits issued for
the installation of mechanical equipment under the International Mechanical
Code or the International Residential Code are set forth in Exhibit D.
SECTION 10. - Uniform Plumbing Code Fees. Pursuant to KCC
Section 14.01.090, the fees to be assessed for plumbing permits issued for
the installation of plumbing equipment under the Uniform Plumbing Code or
the International Residential Code are set forth in Exhibit E.
SECTION 11. - Construction, Land Use, and Development Fees.
Pursuant to chapters 6.03, 6.06, 6.07, 7.02, 7.04, 11.06, 12.01, and other
authorizations elsewhere in the Kent City Code, the applications, permits,
4 2023 Fee Resolution and Repealing
Resolution No. 2022
Packet Pg. 193
8.N.a
approvals, review, inspection and other fees for various construction, land
use and development actions are set forth in Exhibit F.
SECTION 12. - Impact Fees. Pursuant to chapters 12.14 and 12.16,
the fees associated with the administration of transportation impact fees and
parks impact fees are set forth in Exhibit G.
SECTION 13. - Annual Consumer Price Index (CPI) Adjustment. On
the first day of each calendar year, all fees, rates, and charges established
in this resolution will adjust by the Consumer Price Index (CPI), specifically
the CPI-W Seattle -Tacoma -Bellevue, measured from June 1 through June 1,
if the CPI-W reflects an upward adjustment from the previous annual June
to June period. This section and its related CPI adjustments will not apply
to Section 2 - Business License Fees and Section 3 - Permit Technology Fees.
SECTION 14. - Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, that decision will not affect the validity of the
remaining portions of this resolution.
SECTION 15. - Effective Date. This resolution will take effect
immediately, and the new fees established herein shall be in force on
January 1, 2023.
DANA RALPH, MAYOR
December 13, 2022
Date Approved
5 2023 Fee Resolution and Repealing
Resolution No. 2022
Packet Pg. 194
8.N.a
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
TAM MY WHITE, CITY ATTORNEY
December 13, 2022
Date Adopted
6 2023 Fee Resolution and Repealing
Resolution No. 2022
Packet Pg. 195
8.N.a
Exhibit A
Technology Fee Exceptions
Excluded from technology fees:
1. Permit fees for firework displays;
2. Appeals;
3. Code text amendments, comprehensive plan map or text
amendments, pre -application conferences, public notice boards and zone
map amendments (rezones) under Exhibit "F" of this resolution; and
4. Fees listed under "Other inspections and Fees" in Exhibits "B,"
"D," and "E" of this resolution, except that a technology fee will be
assessed and collected for each Adult Family Home licensing inspection
under Exhibit "C."
Packet Pg. 196
8.N.a
Exhibit "B"
City of Kent Fire Permit Fees
Permit Issuance Fees:
Fee
Issuance of each annual operational permit under the fire code*
Hazardous Materials or High -piled storage permits
$352.19
All other permits
$176.09
Issuance of a residential home heating fuel tank removal permit, per
application
$392.23
Issuance of a fireworks permit for a fireworks display, per application
$242.12
* fee may be prorated
Development Plan Review and Permit Fees:
Fee
Fire Prevention Construction Permits -
Plan Review Fee
65% of permit fee
Permit Fee
Per Permit Fee Valuation Table
Total Value of Project Permit Fee
$1.00 to $500.00 $134.79
$501.00 to $2,000.00 $134.79 for the first $500.00, plus $17.58 for each additional $100.00, or fraction
thereof, to and including $2,000.00.
$2,001.00 to $25,000.00 $398.55 for the first $2,000.00, plus $80.45 for each additional $1,000.00, or fraction
thereof, to and including $25,000.00.
$25,001.00 to $50,000.00 $2,248.63 for the first $25,000.00, plus $58.06 for each additional $1,000.00, or
fraction thereof, to and including $50,000.00.
$50,001.00 to $100,000.00 $3,700.35 for the first $50,000.00, plus $40.26 for each additional $1,000.00, or
fraction thereof, to and including $100,000.00.
$100,001.00 to $500,000.00 $5,712.50 for the first $100,000.00, plus $32.25 for each additional $1,000.00, or
fraction thereof, to and including $500,000.00.
$500,001.00 to $1,000,000.00 $18,613.25 for the first $500,000.00, plus $30.57 for each additional $1,000.00, or
fraction thereof, to and including $1,000,000.00.
$1,000,001.00 and up $33,943.71
Review of Building Permits
Single -Family Plan Review
42.7% of the building permit fee
Commercial Plan Review
58% of the building permit fee
Review of Land Use Applications -
Boundary Line Adjustment
$295.39
Binding Site Plan
$484.26
Short Subdivision
$484.18
Other Site Plan Reviews
$237.30
Packet Pg. 197
8.N.a
Exhibit "B" - Continued
City of Kent Fire Permit Fees
Preliminary Plat
$1,602.88
Residential Variances
$188.88
Other Project Approvals
$285.70
SEPA Checklist
$343.82
SEPA Checklist as Part of a Project
$174.32
Requiring Hearing Examiner Approval
$513.33
Code Modification or Alternative Materials and Methods Request
(Three-hour minimum charge)
$220.94 per hour
Other Inspections and Fees:
Fee
Each hydrant flow request (Two-hour minimum)
$220.94 per hour
Initial fire and life safety inspection for new business, per application
$172.90
Inspections outside of normal business hours (Two-hour minimum
charge)
$220.94 per hour
Fire Impact Administrative Fee
$148.54
The Compliance Engine Portal filing surcharge, per system, annually
$77.00
Additional inspections required:
• when a construction inspection is not complete or fails to pass
inspection;
• when required corrections on an operational permit or fire
inspection system permit have not been corrected by the second
inspection;
• when work is not accessible;
• when work is not ready by scheduled inspection time;
• when the construction permit or approved plans are not made
readily available;
• when the project requires multiple inspections for phased
construction;
• when requesting Temporary Certificate of Occupancy (TCO) or
Certificate of Occupancy (CO) approval; or
• when requesting inspections required for licensing and/or
certifications.
(One hour minimum charge).
$220.94 per hour
Additional plan review required by:
• re -submittals*,
• changes,
• deferred submittals,
• additions, or revisions to plans.
*Two re -submittals will be included in the plan review fee.
(One hour minimum charge)
$220.94 per hour
Hazardous material inventory statement, management plan, or
facility closure plan review and approval.
(Two hour minimum charge)
$220.94 per hour
Appeal filing fee
$512.57
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8.N.a
Penalty Fees: Fee
Failing to mark or maintain the marking of a designated fire lane. $318.99
Packet Pg. 199
8.N.a
Exhibit "C"
City of Kent Building Permit Fees
Development Plan Review and Permit Fees:
Fee
Building Construction Permits -
Plan Review Fee (Standard & Basic)
65% of permit fee
Secondary Basic
$174.15 per hour
Permit Fee
Per Permit Fee Valuation Table
Review on Fire Permit
(20% of Fire Permit Fee)
Hourly rate
$174.15
Total valuation determined
by building official
$1.00 to $500.00
$501.00 to $2,000.00
$2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 to $500,000.00
Permit Fee Assessed
$47.51
$47.51 for the first $500.00, plus $6.18 for each additional $100.00, or
fraction thereof, to and including $2,000.00.
$140.27 for the first $2,000.00, plus $28.38 for each additional
$1,000.00, or fraction thereof, to and including $25,000.00.
$792.66 for the first $25,000.00, plus $20.46 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00.
$1,304.45 for the first $50,000.00, plus $14.19 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00.
$2,013.59 for the first $100,000.00, plus $11.37 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00.
$500,001.00 to $1,000,000.00 $6,560.45 for the first $500,000.00, plus $9.59 for each additional
$1,000.00, or fraction thereof, to and including $1,000,000.00.
$1,000,001.00 and up $11,349.38 for the first $1,000,000.00, plus $6.39 for each additional
$1,000.00, or fraction thereof.
Other Inspections and Fees:
For inspections outside of normal business hours and Adult Family
Home licensing inspections (minimum charge — two hours) .............................$ 174.15 per hour
Reinspection fees assessed when work for which an inspection is
requested is not complete, when required corrections have not been
made, when work is not accessible, or when the permit or approved plans
are not made readily available..........................................................................$ 174.15 per hour
Additional plan review required by changes, deferred submittals,
additions, or revisions to plans (Two re -submittals will be included in the plan review fee)
..........................................................................................................................$ 174.15 per hour
Site -Specific Plan Review Fees. The site -specific plan review fee, after and in addition to the payment of
the initial standard plan review fee, will be a fee of $129.74 for each permit issued upon a certified basic
plan.
Packet Pg. 200
8.N.a
Investigation fee when work is commenced prior to obtaining required
building, mechanical, or plumbing permit........................................................100% of permit fee
Appealfiling fee................................................................................................................ $404.61
Packet Pg. 201
8.N.a
Exhibit "D"
City of Kent Mechanical Permit Fees
Permit Issuance Fees:
1. Plan review fee.............................................................................25% of the permit fee
2. For the issuance of each mechanical permit......................................................................$54.63
3. For issuing each supplemental permit for which the original permit has not
expired, been canceled, or finalized................................................................................... $17.07
Permit fees will include both issuance and unit fees.
Unit Fee Schedule:
1. For each forced -air or gravity -type furnace or boiler, including ducts and vents attached, up to
and including 100,000 Btu/h (29.3 kW)..............................................................................$34.16
2. For each forced -air or gravity -type furnace or boiler, including ducts and vents attached, over
100,000 Btu/h (29.3 kW).....................................................................................................$44.37
3. For each floor furnace, suspended heater, recessed wall heater or floor -mounted heater,
includingvent......................................................................................................................
$34.16
4. For each appliance vent not included in an appliance permit............................................$17.07
5. For repair of, alteration of, or addition to each heating appliance, refrigeration
unit, cooling unit, absorption unit, or each heating, cooling, absorption, or
evaporative cooling system, including controls, regulated by the mechanical
code or residential code.....................................................................................................
$32.44
6. For each boiler or compressor:
• to and including 3 horsepower (10.6 kW), or each absorption
system to and including 100,000 Btu/h (29.3 kW).................................................$34.16
• over 3 horsepower (10.6 kW) to and including 15 horsepower
(52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW)
to an including 500,000 Btu/h (146.6 kW).............................................................$63.17
• over 15 horsepower (52.7 kW) to and including 30 horsepower
(105.5 kW), or each absorption system over 500,000 Btu/h (293.1 kW)
to and including 1,000,000 (293.1 kW).................................................................$87.07
• over 30 horsepower (105.5 kW) to and including 50 horsepower
(176 kW), or each absorption system over 1,000,000 Btu/h
(293.1 kW) to and including 1,750,000 (512.9 kW).............................................$129.72
• over 50 horsepower (176 kW) or each absorption system over
1,750,000 Btu/h (512.9 kW)................................................................................
$216.80
7. For each air -handling unit to and including 10,000 cubic feet per minute
(cfm) (4,719 Us), including ducts attached thereto, which is not a portion
of factory assembled appliance or unit for which a permit is required ............................... $25.59
• over 10,000 cfm (4,719 Us)..................................................................................$44.37
8. For each evaporative cooler other than portable type ........................................................ $25.59
9. For each ventilation fan connected to a single duct...........................................................$17.07
10. For each ventilation system which is not a portion of any heating or
Packet Pg. 202
8.N.a
air-conditioning system authorized by a permit .......................................
11. For each hood served by mechanical exhaust, including the ducts
forsuch hood............................................................................................
12. For each domestic -type incinerator..........................................................
13. For each commercial or industrial -type incinerator .................................
14. For each mechanical appliance or piece of equipment regulated by the
mechanical code or the residential code, not classed in other appliance
categories, or for which no other fee is listed in this table .......................
15. For each fuel gas or fuel oil piping system of one to five outlets ............
16. For each additional piping system outlet, per outlet ................................
Other Inspections and Fees:
For inspections outside of normal business hours
(minimum charge — two hours) ...............................................
Reinspection fees assessed when work for which an inspection is
requested is not complete, when required corrections have not been
made, when work is not accessible, or when the permit or approved plans
are not made readily available.....................................................................
$25.59
$25.59
$44.37
$34.16
$25.59
$13.65
..$5.11
$174.15 per hour
$174.15 per hour
Additional plan review required by changes, deferred submittals,
additions, or revisions to plans (Two re -submittals will be included in the plan review fee)
......................................................................................................................................... $174.15 per hour
Investigation fee when work is commenced prior to obtaining required
building, mechanical, or plumbing permit ..............................................
Appeal filing fee
100% of permit fee
$404.61
Packet Pg. 203
8.N.a
Exhibit "E"
City of Kent Plumbing Permit Fees
Permit Issuance Fees:
1. Plan review fee..................................................................25% of the permit fee
2. For the issuance of each plumbing permit............................................................ $47.49
3. For issuing each supplemental permit for which the original permit has not
expired, been canceled or finalized...................................................................... $25.59
Permit fees will include both issuance and unit fees.
Unit Fee Schedule:
1. For each plumbing fixture on one trap or a set of fixtures on one trap, including water, drainage
piping and backflow protection therefore.............................................................. $17.07
2. For each building sewer and each trailer park or mobile home park sewer ......... $29.06
3. Rainwater systems -per drain (inside building)..................................................... $17.07
4. For each water heater and/or vent........................................................................ $17.07
5. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen -type
grease interceptors functioning as fixture traps .................................................... $17.07
6. For each installation, alteration or repair of water piping and/or water treating equipment, each
.............................................................................................................................. $17.07
7. For each repair or alteration of drainage or vent piping, each fixture ................... $17.07
8. For each lawn sprinkler system on any one meter including backflow protection devices therefore
.............................................................................................................................. $17.07
9. For atmospheric -type vacuum breakers not included in item 8:
1 to 5 vacuum breakers........................................................................... $13.65
over 5 vacuum breakers, each................................................................... $5.11
10. For each backflow protective device other than atmospheric -type vacuum breakers:
2 inch (51 mm) diameter or smaller......................................................... $17.07
over 2 inch (51 mm) diameter.................................................................. $34.16
11. For each graywater or reclaimed water system .................................................... $95.57
12. For each medical gas piping system for a specific gas:
1 to 5 inlets/outlets.............................................................................................. $117.20
over 5 inlets/outlets, each..................................................................................... $13.65
Other Inspections and Fees:
For inspections outside of normal business hours
(minimum charge - two hours)..........................................................................$174.15 per hour
Reinspection fees assessed when work for which an inspection is
requested is not complete, when required corrections have not been
made, when work is not accessible, or when the permit or approved plans
are not made readily available...........................................................................$174.15 per hour
Additional plan review required by changes, deferred submittals,
additions, or revisions to plans (Two re -submittals will be included in the plan review fee)
$174.15 per hour
Packet Pg. 204
8.N.a
Investigation fee when work is commenced prior to obtaining required
building, mechanical, or plumbing permit........................................................100% of permit fee
Appealfiling fee................................................................................................................ $404.61
Packet Pg. 205
8.N.a
Exhibit "F"
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1
Permit
Application
Development
Public Works
Type
Planning Fee
Engineering Fee
Fee
Total Fees
Notes
Accessory
$118.65
$0
$0
$118.65
Dwelling Unit
1
Administrative
Determination
$221.99
$0
$0
$221.99
Letter
Appeal of
Administrative
$474.60
$0
$0
Interpretation /
Decision
$474.60
Appeal of SEPA
$474.60
$0
$0
Determination
$474.60
Appeal of Short
$474.60
$0
$0
Plat
$474.60
Binding Site
Plan -
$1,189.06
$4,299.49
$0
$5,488.55
Preliminary
Binding Site
$711.90/
$1,909.06/
Plan
$950.48
$1,194.16
$0
$2,144.64
(2)
Modification
Code Text
$1,189.06/
$0
$0
$1,189.06/
(10) (11)
Amendment
$3,565.89
$3,565.89
Combining
$3,567.17
$0
$0
3,567.17
(10)
Districts
Comprehensive
Plan Map
$3,567.17
$0
$0
$3,567.17
(10)
Amendment
Comprehensive
Plan Text
$3,567.17
$0
$0
$3,567.17
(10)
Amendment
Conditional Use
$4,753.68
$1,194.16
$0
$5,947.84
(13)
Conditional Use
$711.90
$238.58
$0
$950.48
- Minor
Critical Areas -
Reasonable Use
$3,343.90
$3,343.90
or Variance
Critical Areas -
$1,971.12/
$1 971.12/
Delineation
$2,628.17
$2,628.17
(23a) (23c)
Report Review
Critical Areas -
$1,792.20/
$1,792.20/
Conceptual
$2,389.60
$2,389.60
(23a) (23c)
Mitigation Plan
Critical Areas -
$$4,734.55/
$4 734.55/
Final Mitigation
$6,312.72
$6,312.72
(23a) (23c)
Plan
Critical Areas -
$985.57/
$985.57/
Monitoring
$1,314.09
$1,314.09
(23a) (23b)
Report
Critical Areas -
Exempt
$221.99
$0
$0
$221.99
(23d)
Determination
Packet Pg. 206
8.N.a
Exhibit "F"
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1 - Continued
Permit
Application
Development
Public Works
Type
PlanningFee
Engineering Fee
Fee
Total Fees
Notes
Critical Areas -
Tree Removal
Hourly
N/A
N/A
Request
Document
Recording Fees
Actual cost
$0
$0
Actual Cost
(20)
Design Review -
$473.33/
$119.93/
$0
$593.26/
(3) (14)
Downtown
$1,189.06
$238.58
$1,427.64
Design Review
$473.33/$1,189.06
$119.93/$238.58
$0
$593.26/$1,427.64
(3)
- Industrial
Design Review -
Midway$
473.33/$1,189.06
2
$ 119.93/$38.58
$0
$593.26/$1,427.64
(3) (14)
Design Review
Hourly Rate
N/A
N/A
- Revision
Fee Deferral
$316.40
$0
$0
(18)
Lien
316.40
Hearing
Examiner -
Conduct of
Hearing and
Actual cost
$0
$0
Actual Cost
(16)
Preparation of
Decision
Hourly rate
$186.51
$186.51
$188.82
N/A
Landscape
Hourly Rate
Revision
Lot Line
$711.90
$955.58
$965.81
$2,633.29
Adjustment
Lot Line
Elimination
$237.30
$238.58
$241.13
$717.01
Mixed Use
$1,194.16
$238.58
$0
$1,432.74
(14)
Design Review
Multi -Family
$1,189.06+ $24.24/unit
$238.58
$0
$1,427.64 +
(14)
Design Review
24.24/unit
Multi -Family
Dwelling Tax
$1,275.93
$0
$0
Exemption -
Application
1,275.93
Multi -Family
Dwelling Tax
Exemption -
$1,275.93
$0
$0
(17)
Final
Application
$1,275.93
Multi -Family
Tax Exemption
Appeal-
$474.60
$0
$0
Conditional,
Final, Extension
474.60
Packet Pg. 207
8.N.a
Exhibit "F"
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1 - Continued
Permit
Application
Development
Type
Plannin2 Fee
Engineering Fee
Public Works Fee
Total Fees
Notes
Multi -Family
Tax Exemption
Extension of
$63.79
$0
$0
63.79
Conditional
Certificate
Multi -Family
Tax Exemption
$637.91
$0
$0
$637.91
- Contract
Amendment
Parking Lot
Hourly Rate
Hourly Rate
N/A
Restriping
Planned Unit
+
$5,942./u
Development
$111.00nit
$884010
,.
$0
$14,782.83 +
Plan
111.00/unit
Planned Unit
Development
$591.98/
$478.43/
$0
(4)
Plan
$1,782.31
$1,911.17
$1070.41/
Modification
$3,693.48
Plat
Modification/Alt
Minor: 1/4 of plat fee
Minor: 1/4 of plat fee
(15)
eration
Major: 1/2 of plat fee
Major: 1/2 of plat fee
Minor/Major
Pre -Application
$593.25
$0
$593.25
Conference
$0
Public Notice
Actual cost of publication
(21)
SEPA Checklist
$593.25/
$711.90/
$0
$1,305.15/
(6)
$1,663.66
$1,194.16
$2,857.82
SEPA
$179.89/
$119.93/
$0
$299.82/
(7)
Modification
593.25
238.58
931.83
SEPA Exempt
$221.99
$0
$0
$221.99
Determination
SEPA
Environmental
4 752.40 + de osit
$ p
$0
$0
$4,752.40 +deposit
(8)
Impact
Statement
Shoreline
Conditional Use
$2,851.44
$686.39
$0
$3,537.83
(13)
Shoreline
Exempt
$474.60
$0
$0
$474.60
Determination
Shoreline
Substantial
$2,378.11
$717.01
$0
$3,095.12
Development
Shoreline
$1,782.31
$717.01
$0
$2,499.32
(13)
Variance
Short Plat (2-4
lots) -
$1,782.31
$2,389.60
$0
Preliminary Plat
4171.91
Packet Pg. 208
8.N.a
Exhibit "F"
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1 - Continued
Permit
Application
Development
Public Works
Type
Planning Fee
Engineering Fee
Fee
Total Fees
Notes
Short Plat (5-9
$9,+
lots) -
$4,752.40 + $118.65/lot
$4,299.49
$0
$1118.65/8.65/ lot
Preliminary Plat
Short Plat -
Final Plat or
$3,565.89 + $48.48/lot
$2,389.60
$7,884.52+
Final Binding
$48.48/lot
Site Plan
1 929.03
Sign Permit
$357.21
$119.93
$0
$477.14
19
Small Cell
Equipment
$500.00
$0
$0
$500.00
Installation -Site
Specific
Special Home
Occupation
$711.90
$0
$0
$711.90
Permit
13
Subdivision -
$8,319.57 + $118.65/lot
$8,840.10
$0
$17,159.67 +
Preliminary Plat
$118.65/lot
Subdivision -
$4,756.23 + $48.48/lot
$6,450.51
$16,980.66 +
Final Plat
$5,774.33
$48.48/lot
Temporary Use
$72.72
$72.72
$0
$145.44
Temporary Sign
$179.89
$0
$0
$179.89
Variance -
$ 711.90
2
$38.58
$0
$950.48
Administrative
Variance -
Single Family
$711.90
$119.93
$0
$831.83
Dwelling
13
Variance - Sign
& Other than
Single Family
$4,753.68
$238.59
$0
$4,992.27
Dwelling
13
WTF
Administrative
$711.90
$0
$0
$711.90
Permit
WTF
Conditional Use
$4,753.68
$478.43
$0
$5,232.11
Zone Map
Amendment
$4,753.68
$0
$0
$4,753.68
Rezone
10
Zoning Permit /
$59.96/
$59.96/
$119.92/
Site Plan
$119.93/value
$119.93/value
$0
$238.86/valueRevie
12a-12e 14
Packet Pg. 209
8.N.a
TABLE 1 NOTES:
Two (2) re -submittals of the plans are included with the review fees described in
Table 1. Additional re -submittal reviews, whether attributed to the application's
action or inaction, shall be charged at the hourly rate listed in Table 1.
(1) The fees are applicable for an attached accessory dwelling unit, an interior
accessory dwelling unit or for a detached accessory dwelling unit in a single-
family residential zone. The fee includes the cost of the Planning Services Office
recording of the accessory dwelling unit covenant documents with King County.
An accessory living quarters in a commercial or industrial zone is subject to
the applicable construction value -based fee.
(2) The lesser Planning fee applies to review of changes to an unrecorded Binding
Site Plan. The greater fee is for changes to a recorded Binding Site Plan.
(3) The lesser planning and engineering review fees applicable to minor alterations
and improvements. The greater planning and engineering review fees apply to
all new buildings, redevelopment, and major alterations and improvements.
(4) Any minor change to an approved Planned Unit Development Plan is subject
to the lesser planning and engineering review fees for a modification. Any
major change to an approved Planned Unit Development Plan is subject to the
greater planning and engineering review fees for a modification.
(5) The Planning Director has the authority to change this fee as needed to cover
City expenditures.
(6) The lesser planning and engineering review fees are applicable only to SEPA
review of construction of one single family dwelling on an individual parcel. All
other SEPA checklist applications are subject to the greater fees for both
planning and engineering review fees.
(7) The lesser planning and engineering review fees are applicable only to
modifications to a SEPA determination for one single family dwelling on an
individual parcel. All other modifications to a SEPA determination are subject
to the greater planning and engineering review fees.
(8) A deposit amount will be equal to the estimated cost of contract services
necessary to complete the Environmental Impact Statement process, must be
submitted to the city.
(9) Removed.
(10) Application requires public hearings. If multiple permit applications which
require the same hearing procedure are submitted at the same time, the
Packet Pg. 210
8.N.a
applicant will be charged the full fee for the permit application with the highest
fee and 50% of the established fee for each of the other permits eligible for a
consolidated review and hearing.
(11) The lesser fees are applicable to amendments to Single Family Residential
zones only. Amendments to all other zoning districts or sections of the zoning
code are subject to the greater fee.
(12) a) The lesser fees are applicable for Minor Single Family Dwelling
Construction on an existing dwelling such as a deck, minor addition of
less than 25% of existing floor area, interior remodel or accessory
building of 500 square feet or less on the same lot as the existing
dwelling.
b) The greater fees are applicable for Major Single Family Dwelling
Construction on an existing dwelling such as major addition of more
than 25% of existing floor area or an accessory building of more than
500 square feet on the same lot as the existing dwelling.
c) All new single family dwelling construction is subject to the following fee
schedule:
Building Services
Construction Valuation
Planning Engineer Eng.
Fee Review Insu.
Fee Fee
$0 - $74,999..................................
$118.59
$118.59
$188.72
$75,000-$124,999...........................
$236.86
$236.86
$188.72
$125,000 - $224,999 .......................
$473.08
$473.08
$188.72
Over$225,000................................
$711.90
$711.90
$188.72
d) All new buildings, tenant improvements, and accessory living quarters
in a commercial or industrial zone and other construction and
development activity, other than single family dwelling construction, is
subject to the following fee schedule:
Building Services
Construction Valuation
Planning
Fee
$0 - $49,999.................................. $186.41
$50,000 - $99,999........................... $790.59
$100,000-$249,999 ......................... $1,578.61
$250,000 - $499,999 ....................... $2,369.30
$500,000 - $999,999.......................$3,157.24
$1,000,000 - $4,999,999.................. $4,735.85
$94.36
Engineer Eng.
Review Insp.
Fee Fee
$186.41
$94.36
$790.59
$94.36
$1,578.61
$94.36
$2,369.30
$94.36
$3,157.24
$94.36
$4,4735.85
Packet Pg. 211
8.N.a
$5,000,000 -$10,000,000................$6,317.01 $6,317.01 $94.36
Over $10,000,000 ........................... $7,895.62 $7,895.62 $94.36
e) The zoning permit fee for those development projects for which no
building permit is required but which requires site plan review and a
zoning permit, shall be based on the value of the proposed development
to be undertaken. The value of the proposed construction/ development
shall be determined based on professional estimates by a licensed
engineer, architect, landscape designer or contractor. These estimates
may include, but are not limited to, grade and fill of the site, paving,
placement of utilities, lighting, landscaping, and other site
improvements. The combined total of the cost estimates for all
development on the site shall be the established value basis for the
zoning permit fee [as listed in 12c or 12d categories above as
appropriate].
(13) Application requires a public hearing before the Hearings Examiner. If multiple
permit applications which require a Hearing Examiner decision are submitted
at the same time, the applicant will be charged the full fee for the permit
application with the highest fee and 50% of the established fee for each of the
other permits eligible for a consolidated review and hearing.
(14) Application fees may be reduced by 75% if the application is for a mixed -use
building. Fee reduction applies to site plan review/zoning permit, mixed use
design review, multi -family design review and downtown design review. Fee
waivers do not apply to SEPA, short plat, subdivision or other permit requests
associated with the development of a site, nor does fee reduction apply to
mixed use development where the commercial and residential uses are not
located within the same building.
(15) Plat alteration fees are determined after review whether the changes requested
are minor or major. A minor change is done administratively, and the fee is
25% of the cost of the original preliminary plat fee. A major change requires
a public hearing or meeting and the fee is 50% of the cost of the original
preliminary plat fee. A public notice board is required for a major alteration.
(16) For applications that require a public hearing before the city's Hearing
Examiner, the project applicant is responsible for 100% of the Hearing
Examiner's hourly fee and associated expenses. Payment in full shall be
submitted to the City prior to release of the Hearing Examiner's decision. This
requirement shall not apply to appeal hearings.
(17) These funds are distributed to the King County Assessor's Office by the City
(18) A fee deferral lien may be recorded in lieu of transportation, fire and school
impact fees for building permits associated with single family residential homes
built for resale, consistent with the requirements of Kent City Code 12.20.
Packet Pg. 212
8.N.a
(19) The engineering fee only applies to freestanding signs, not wall mounted signs
(20) The applicant shall pay all document recording fees charged by King County,
and all administrative fees charged by the title company for processing.
Payment in full shall be submitted to the City before documents are sent for
recording.
(21) For applications that require public notice, the applicant shall reimburse the
City for 100% of publication and mailing costs. Reimbursement shall be paid
to the City prior to issuance of the final decision.
(22) For small cell franchise agreement applications, the fee shall include review,
issuance and inspection of five site -specific small -cell equipment installation
permits.
(23) Critical Areas
(a) Review fees for a single-family residential parcel only may be reduced
by 25%.
(b) Fee assumes one site visit to verify report findings, one review and
one letter of acceptance from the city. Additional site visits and/or reviews
will be billed at the hourly rate for staff time plus time and materials for city
consultant time.
(c) Fee assumes one site visit or review, one re -review and one approval
letter from the city. Additional site visits and/or reviews will be billed at the
hourly rate for staff time plus time and materials for city consultant time.
(d) If city consultant review is necessary to determine exempt status, the
applicant will be billed time and materials for consultant time.
Packet Pg. 213
8.N.a
Exhibit "F"
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
TABLE 2
Permit Application Type
Review/Intake Fee
Inspection /
Issuance Fee
Total Fee
Notes
Civil Construction - Non-
Residential
$7,639.56/$24,112.85/
$73,929.85
$5,910.84/$18,644.72/
$57,070.90
$13,550.40/$42,757.57/
$130,363.75
1a
Civil Construction - Minor
954.31/ 2 148.47
682.56/ 1 819.31
1 636.87/ 3 967.78
1b
Civil Construction - Plats
22 918.69/ 44 167.34
$17,73
5.06/ 34 333.38
40.653.75/ 78 500.72
1c
Civil Construction - Short Plats
$2,865.47/$7,399.17
$2,046.40/$7,447.58
$4,911.87/$14,847.29
1d
Demolition Permit
$478.43
$455.46
$934.19
Deviation Request to
Construction Standards
$1,029.58
$227.09
$1,256.67
Franchise or Limited License
Agreements for use of the
public right-of-way
$100
$0
$100
9
Grade and Fill - Major - Tier 1
$954.69
$1,363.83
$1,975.10
3a
Grade and Fill - Major - Tier 2
$1,432.67
$1,817.60
$2,767.31
3a
Grade and Fill - Major - Tier 3
$1,909.37
$3,636.46
$4,722.88
3a
Grade and Fill - Major - Tier 4
$2,387.35
$5,456.61
$6,677.36
3a
Grade and Fill - Minor
$716.33
$681.92
$1,190.49
3a
Grade and Fill - Minor SF Only)
$238.36
$226.88
$396.11
3b
Hearing Examiner
Actual Cost
Actual Cost
4
Hourly Rate
$186.51
$188.82
Permit Extension
Hourly Rate
Hourly Rate
Recording Fees
Actual Cost
Actual Cost
5
Sewer - Certificate of
Availability
358.50
$358.50
Sewer - Permit
$119.93
$569.01
$688.94
6
Sewer - Emergency Repair
$119.93
$284.51
$404.44
Street Cut Permits
$478.43
$682.56
$1,160.99
7 8
Street Use Permits
$238.58
$341.92
$580.50
Water - Certificate of
Availability
358.50
$358.50
Water - Permit
$119.93
$569.01
$688.94
Water Backflow Inspection
0
$227.10
$227.10
Backflow Prevention Assembly
Annual Administrative Fee
0
$129.14
$129.14
Packet Pg. 214
8.N.a
Exhibit "F"
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
TABLE 2 NOTES:
Two (2) re -submittals of the plans are included with the review fees described in Table
2. Additional re -submittal reviews, whether attributed to the application's action or
inaction, shall be charged at the hourly rate listed in Table 2.
(1) Civil Construction
a. Applies to work with a construction valuation of $100,000 or greater
with the following sub -categories:
Non -Residential Tier
Construction Valuation
Small
$100,000 - $299 999
Medium
$300,000 - $1,299,999
Large
$1,300,000 - $4,399,999
Extra Large
$4,400,000 and above*
* Projects valued over $4,400,000 shall be charged an additional fee equal to 2.5%
of the portion of project valuation over $4,400,000.
b. Applies to projects, with a construction valuation of less than $100,000
The lower fee applies to work with valuations less than $30,000.
C. The lower fee applies to plats 39 lots and less.
d. The lower fee applies to short plats 4 lots and less.
(2) Removed.
(3) Grade and Fill
a. The quantities and review thresholds for Grade and Fill permits are as
follows:
Grade and Fill
Quantity
Cleared or
Disturbed Area
New or Replaced
Hard Surface
Tier
0 cy - 49 cy
0 sf - 6,999 sf
0 sf - 1999 sf
0
50 cy - 499 cy
7,000 sf - <3/4 acre
2,000 sf - 4,999 sf
Minor
500 cy - 4,999 cy
3/4 ac - <1 ac
5,000 sf - <1 ac
1
5,000 cy - 49,999 cy
1 ac - <2.5 ac
1 ac - <2.5 ac
2
50,000 cy - 99,999 cy
2.5 ac - <5 ac
2.5 ac - <5 ac
3
100,000 cy and larger
5 ac and larger
5 ac and larger
4
Packet Pg. 215
8.N.a
b. The Minor Single -Family Grade and Fill fees apply to work
performed on one single family residential parcel of 6,999 sf or less only. Short
Plats, Plats, and other projects spanning multiple parcels fall into the other
categories.
(4) For applications that require a public hearing before the city's Hearing
Examiner, the project applicant is responsible for 100% of the Hearing Examiner's
hourly fee and associated expenses. Payment in full shall be submitted to the
City prior to release of the Hearing Examiner's decision. This requirement shall
not apply to appeal hearings.
(5) The applicant shall pay all document recording fees charged by King County
and all administrative fees charged by the title company for processing. Payment
in full shall be submitted to the City before documents are sent for recording.
(6) Side sewer permit Inspection / Issuance Fee may be reduced by 50% if the
work is an emergency repair only. New installations, grease interceptors, and
similar work is subject to the full fee listed in the table.
(7) Street Cut Permit Review and Inspection Fees may be reduced by 50% if
the following criteria are met:
a. The location of the work is behind the curb and gutter (if any), or
outside the pavement surface (if no curb and gutter exist), and
b. The size of the disturbed area is 50 square feet or less, and
C. The work is in front of a single family residential zoned parcel only,
and
d. There is no traffic control plan required, and
e. The work is not being done by a franchised utility company.
(8) This fee shall be assessed for every 500 lineal feet of underground utility
installation. For the purpose of determining the fee, lineal footage
measurements shall be rounded up to the next 500-foot increment.
(9) The city may charge additional review fees based on its actual costs to
review the application.
Packet Pg. 216
8.N.a
City of Kent Administration Fees to the
Transportation Impact Fees
and
Park Impact Fees
Transportation Impact Fee: I Fee:
Independent fee calculation review I $877.31
Administrative fee $328.50 or 1 % of the transportation impact fee
whichever is greater
Park Impact Fee: Fee:
Independent fee calculation review $877.31
Administrative fee $328.50 or 1 % of the park impact fee,
whichever is greater
Packet Pg. 217
8.0
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Agreement with EuroStage Mobile Stages - Authorize
MOTION: I move to authorize the Mayor to sign a Goods and Services
Agreement with EuroStage Mobile Stages, in the amount of $115,935 for
the purchase of a new mobile stage, 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
its 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. 218
8.0
1. Goods and Services Agreement with EuroStage Mobile Stages (PDF)
2. Signed Mayoral Waiver of KCC 3.70.110 competitive process (PDF)
12/01/22 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
12/13/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner
Packet Pg. 219
8.O.a
KEN T
W A S M N G T O N
GOODS & SERVICES AGREEMENT
between the City of Kent and
EuroStage Mobile Stages
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(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
"Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services
for the City:
ES-2620 Mobile Stage Trailer - 26' x 20' stage trailer with roof and masts, including features
as described in EXHIBIT A - SCOPE OF SERVICES.
The Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these goods,
materials, and services through other sources.
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.
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
this Agreement. The City shall pay the Vendor the following amounts according to the following schedule:
$11,593.50 - Payment 1: Deposit due at the time of order
$46,374.00 - Payment 2: Due at shipping
$57,967.50 - Payment 3: Due before pick-up
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. 220
8.O.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
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City
for any additional costs incurred by the City. "Additional costs" shall mean all reasonable
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
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor -
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed.
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
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.
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
and the state Department of Revenue.
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
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
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. 221
8.O.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 N
L
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall 0
proceed with the amended work upon receiving either a written amendment from the City or an oral order 3
from the City before actually receiving the written amendment. If the Vendor fails to require an a
amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent y
amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable z
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the u"
adjustment as provided in subsections A through E of Section VIII, Claims, below. a -
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
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
work, either covered or affected by the change.
VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or
failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire,
flood, or other natural disaster or acts of government ("force majeure event"). Performance that is
prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both
parties represent to the other that at the time of signing this Agreement, they are able to perform as
required and their performance will not be prevented, hindered, or delayed by the current COVID-19
pandemic, any existing state or national declarations of emergency, or any current social distancing
restrictions or personal protective equipment requirements that may be required under federal, state, or
local law in response to the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the
obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, 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.
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. 222
8.O.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.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the 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.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. 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
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
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
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. 223
8.O.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
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
Policy 1.2.
XII. INDEMNIFICATION. The Vendor 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 Vendor'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 Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Vendor 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 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
refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit EXHIBIT B attached and incorporated by
this reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST) Packet Pg. 224
8.O.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 N
L
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 3
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or a
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's y
right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and the Vendor.
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 Vendor 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 Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The 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,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
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.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST) Packet Pg. 225
8.O.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:
Print Name:
Its
DATE:
By:
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Sean Michael Thomas Ronda Billerbeck, Cultural Programs Manager
EuroStage Mobile Stages City of Kent
1440 Campbell Lane #700 220 Fourth Avenue South
Bowling Green, KY 42104 Kent, WA 98032
615-541-9226 (telephone) (253) 856-5055 (telephone)
(facsimile) (253) 856-6050 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
[In this field, you may enter the electronic filepath where the contract has been saved]
GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST) Packet Pg. 226
8.O.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.
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);
• 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);
• 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).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations".
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
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.
The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement I, the prime contractor, will provide a written
statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. 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 of 5 Packet Pg. 227
8.O.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.
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
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.
C. Solicitations for Subcontracts, Including Procurements of Materials and
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
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
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
permit access to its books, records, accounts, other sources of information, and its
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
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
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
what efforts it has made to obtain the information.
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:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
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
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. 228
8.O.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:
Pertinent Non -Discrimination Authorities:
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
Part 21.
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
projects);
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.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
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
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
programs or activities of the Federal -aid recipients, sub -recipients and contractors,
whether such programs or activities are Federally funded or not);
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
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
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);
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. 229
xi.
xni.
8.O.a
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 N
L
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 0
74100); a
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.
1681 et seq).
Washington Law Against Discrimination (Ch. 49.60 RCW) a
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.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 230
8.O.a
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING
POLICY:
SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
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
suppliers of the City must guarantee equal employment opportunity within their organization
and, if holding Agreements with the City amounting to $10,000 or more within any given year,
must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
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.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines
EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 231
EXHIBIT A - SCOPE OF SERVICES
8.O.a
INVOICE
ELJR[3 TA#2022-2620-28
=1 != MOBILE STAGES 11/17/22 -
EuroStage Mobile Stages
1440 Campbell Ln #700
Bowling Green, KY 42104
CUSTOMER
City of Kent, WA
615-541-9226
Mark Hendrickson
sales@EuroStage.us
MHendrickson@kentwa.Qov
253-856-5057
Description
Qty
Price
Discount
Cost
ES-2620 Mobile Stage (Stage Trailer w/ Roof & Masts)
1
$104,990 ;
($5,000) ;
$99,990.00
-----------------------------------------------------------------------------------------------------------------------------------------------�-------------------
Hydraulic Mast Roof Lift FREE (limited time)
1
$2,000 ;
($2,000) ;
$0.00
-------------------------------------------------------------------------------------------------------
EZ Guardrails FREE (limited time)
1
------------------------------------
$1,200 ;
-------------------
($1,200)
-I
$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)
---------------------------------------------------------------------------------------------------------------------------;-------------------r------------------
1
$14,990
($7,495) ;
$7,495.00
Optional Add-Ons:
---------------------------------------------------------------------------------------------------------------------------;--------------------------------------
Tear-Away Fire Ret Blow Through 3pc Wall Kit w/ Doors
1
$1550 ;
($550) ;
$1,000.00
---------------------------------------------------------------------------------------------------------------------------
Skirt 32' Front + Sides
1
--------------------------------------
$550 ;
($50) ;
I
$500.00
--------------------------------------------------------------------------------------------I-----------j------------------I-----------------
Fly Bay Kit 5' w/Eng.
-------------------------------------------------------------------------------------------------------
$2,000 ;
------------------------------------
------------------
t------------------
$0.00
ST-Stairs + 2 Hand Rails w/Eng.
1
$1,750
$1,750.00
--------------------------------------------------------------------------------
Banner Kit 3 w/Eng.
1
-'-------------------
$1,500
------------------
$1,500.00
---------------------------------------------------------------------------------------------------------------------------;------------------
LED Wall Kit w/Eng.
-----------------------------------------------------------------------------------------------------------------------------;-------------------
$1,500 ;
------------------
------------------
$0.00
Fly Bay 10' LED Wall Extension w/Eng.
$1,750 ;
$0.00
Under Stage Storage
1
$1,250 ;
$1,250.00
-------------------------------------------------------------------------------------------------------
Andersen Anti Sway Hitch System (installed)
--------------------------------------------------------------------------------------------I------------I-------------------
-------------------------------------
$600 ;
-------------------
------------------
------------------
$0.00
ES Kit (wind meter, spare tire, tools, levels, straps, bungees, chocks, etc.)
1
$950
$950.00
---------------------------------------------------------------------------------------------------------------------------;-------------------;
Spare Tire (FREE)
1
$250 ;
------------------
($250) ;
$0.00
Subtotal
$115,935.00
............................................................................................:...........:..................:...................:--•-•-•-•-•-•-•---
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
TOTAL PROMOTIONAL SAVINGS: $16,695.
Due to rapidly changing materials and shipping cost, stage pricing is only locked in with a deposit. Shipping is an estimate.
Payment 1 - Deposit Due At Order
$11,593.50
Payment 2 - Due At Shipping
$46,374.00
Payment 3 - Due Before Pick Up
$57,967.50
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 IPacket Pg. 232
8.O.a
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products -completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products -completed
operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance:
Packet Pg. 233
8.O.a
EXHIBIT B (Continued)
The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
Packet Pg. 234
8.O.b
40 OA 000 0 �60
•
K E N T
WASH I N G T O N
TO: Dana Ralph, Mayor
DATE: November 16, 2022
FROM: Julie Parascondola, Director, Parks, Recreation and Community
Services
SUBJECT: Request for Mayoral Waiver of KCC 3.70.110 competitive process
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
of a mobile stage.
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 Euro Stage Mobile Stages as the product that will best meet our needs
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.)
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 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'
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.
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. 235
8.O.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.)
-In addition to being affordably priced and technically versatile, Euro Stage
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
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.
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
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.
-Total purchase price for the Euro Stage 2620 is $126,135, while cost
estimates for the Apex Industries and Stageline stages are comparable at
approximately $170,000. Ownership costs of Euro Stage will also be
significantly lower given access to local training, certification, and
maintenance services, which will be contracted with AT Productions for
approximately $3,300 annually.
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.
Waiver approved under KCC 3.70.110(A)(2):
Yana Ralph, Mao Date
Packet Pg. 236
8.P
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Agreement with West Coast Concrete Restoration, LLC -
Authorize
MOTION: I move to authorize the Mayor to sign a 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, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
SUMMARY: The 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. This contract did not require a competitive bid process. Instead, 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. 237
8.P
12/01/22 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
12/13/2022 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Zandria Michaud, Satwinder Kaur, Toni Troutner
Packet Pg. 238
8.P.a
KENT
1-11 T.1
PUBLIC WORKS AGREEMENT
between City of Kent and
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
"Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
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
Work, attached and incorporated as Exhibit A.
The Contractor further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above within 10 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
Agreement shall continue until all work has been completed, final acceptance has occurred, and all
Contractor obligations have been fulfilled.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
$101,305.32, including any applicable Washington State Sales Tax, for the work and services contemplated
in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the
work described in the invoice that has been completed by the Contractor and approved by the City. The
City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the
project.
Card Payment Program. The Contractor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates
in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or
credit card companies. The Contractor shall not charge those fees back to the City.
PUBLIC WORKS AGREEMENT - 1
(Over $20K with Performance Bond) Packet Pg. 239
8.P.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
Department of Revenue, the State Department of Labor & Industries, and the State
Employment Security Department, and until settlement of any liens filed under
Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund
by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the
Contractor within fourteen (14) calendar days of the Contractor's signature on the
Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment from
the Contractor for any defective or unauthorized work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the
requirements of this Agreement; and extra work and materials furnished without the
City's written approval. If the Contractor is unable, for any reason, to satisfactorily
complete any portion of the work, the City may complete the work by contract or
otherwise, and the Contractor shall be liable to the City for any additional costs
incurred by the City. "Additional costs" shall mean all reasonable costs, including legal
costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due or to
become due the Contractor.
D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF
CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE
AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor -
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which the
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the Contractor's services and is a service other than that furnished by the
City, or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Contractor has registered
Department of Revenue and
Contractor's business, and ha
s
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F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall
include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further
money due under this Agreement until the Contract work is completed. After termination, the City may
take possession of all records and data within the Contractor's possession pertaining to this project which
may be used by the City without restriction.
VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing
Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract
work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by
the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other
applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the
Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, the Contractor must submit a written change order request to the person listed in the
notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date
the Contractor knew or should have known of the facts and events giving rise to the requested change. If
the City determines that the change increases or decreases the Contractor's costs or time for performance,
the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with
the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change
order work upon receiving either a written change order from the City or an oral order from the City before
actually receiving the written change order. If the Contractor fails to require a change order within the time
specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the equitable
adjustment, the Contractor must complete the change order work; however, the Contractor may elect to
protest the adjustment as provided in subsections A through E of Section IX, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the
Contractor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any work,
either covered or affected by the change.
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VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Contractor to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Contractor,
IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall
give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages,
additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall
be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in
strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
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5. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE
THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE
FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall
promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have
known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or
discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts
shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Contractor shall
pay all costs incurred by the City in order to accomplish the correction.
XII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub -contract, the Contractor, its sub -contractors, or any person acting on behalf of the
Contractor or sub -contractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. The Contractor
shall execute the attached City of Kent Non -Discrimination Policy Declaration and comply with City
Administrative Policy 1.2.
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
grounds to avoid any of these covenants of indemnification.
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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, N
employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, 'o
and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's r
negligence. Q
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then
the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal
on the Contractor's part.
The provisions of this section shall survive the expiration or termination of this Agreement
XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XVI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
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E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the
Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I, the
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
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to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
m
N
CONTRACTOR: CITY OF KENT:
By:
Print Name:
Its
(title)
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Joe Hoffman
West Coast Concrete Restoration, LLC
22637 76th Ave S
Kent, WA 98032-1922
(253) 820-8476(telephone)
NA(facsimile)
By:
Print Name: Dana Ralph
Its
DATE:
NOTICES TO BE SENT TO:
CITY OF KENT:
Will Moore
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5081(telephone)
(253) 856-6080(facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
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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.
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);
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);
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).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations".
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
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.
The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. 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
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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.
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
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.
C. Solicitations for Subcontracts, Including Procurements of Materials and
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
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
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
permit access to its books, records, accounts, other sources of information, and its
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
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
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
what efforts it has made to obtain the information.
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:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
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
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,
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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:
Pertinent Non -Discrimination Authorities:
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 Part
21.
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
projects);
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.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
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
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
programs or activities of the Federal -aid recipients, sub -recipients and contractors,
whether such programs or activities are Federally funded or not);
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
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
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);
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;
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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 N
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); a
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. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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.
By signing below, I agree to fulfill the five requirements referenced above.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 4 Packet Pg. 250
8.P.a
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE
SUBJECT: INCLUSIVE CONTRACTING
POLICY:
October 20, 2022
SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
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
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
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.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines
EEO COMPLIANCE DOCUMENTS - 5 Packet Pg. 251
8.P.a
BIDDER RESPONSIBILITY CRITERIA
Certification of Compliance with Wage Payment Statutes
This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City
before the contract can be awarded.
The bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date (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.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
West Coast Concrete Restoration, LLC
M
Signature of Authorized Official*
Printed Name:
Title:
Date:
City and State:
*If a corporation, proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
BIDDER RESPONSIBILITY CRITERIA - 1 Packet Pg. 252
EXHIBIT A
West Coast
966 CONCRETE RESTORATION, LLC i
O
March 28, 2022 Q
City of Kent
Facilities I Parks, Recreation & Community Services
Attention: Will Moore, Facilities Superintendent wmoore(dKentwA.gov
Subject: City of Kent
Centennial Center
Exterior Pressure Washing, Tuck pointing, Caulking, Clear Sealer application
Attention Will -
Please accept WCCR's proposal to pressure wash, tuck point, clean and clear seal the exterior of the Centennial
Center building for the City of Kent.
I. Scope of Work
To pressure wash, tuck point where needed, caulk where needed to repair existing sealants & apply a masonry
sealer over the veneer once clean & dried.
II. Procedures
1. WCCR will protect existing shrubs, landscaping and the surrounding areas, utilizing drop cloths and
tarps.
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.
4. WCCR will then spray a clear WB Siloxane sealer over the veneer in two applications to prevent
moisture intrusion.
5. All work will be completed per the manufacturer's recommendations.
6. A sidewalk closure will be needed on the W Gowe ST. side of the building, the East and West parking
lots will be affected as well for boom lift access, the South sidewalk will also need to be closed at
different intervals of the project.
III. Costs
The lump sum cost for the proposal to pressure wash, tuck point, caulk, and apply a clear sealer the
exterior of the Centennial Center building for the City of Kent is $90,207.94
Bond: $1,804.16
Total: $92,012.10
22637 76th Ave S Page 1 700 W 59th Ave Unit F
Kent, WA 98032 www.wc-cr.com Anchorage, AK 99518
Packet Pg. 253
/1
West Co
CONCRETE RESTORATION, LLC
8.P.a
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.
7. Sealants and masonry tuck pointing to be replaced only where found defective.
8. West Coast Concrete Restoration is a Union Contractor.
9. Sidewalk closure permit provided by City of Kent.
10. The cost of any required performance bonds has been added in the price of the proposal.
Please do not hesitate to contact me should you have questions or would like to discuss in further detail
Sincerely,
Joe Hoffman
West Coast Concrete Restoration, LLC
E Joe@wc-cr.com
C (253) 820-8476
22637 76th Ave S
Kent, WA 98032
Page 2
www.wc-cr.com
700 W 59th Ave Unit F
Anchorage, AK 99518
Packet Pg. 254
8.Q
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Department of Commerce Grant Agreement for Quiet Zone
Improvements - Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
state Department of Commerce in the amount of $2,950,000 for railroad
quiet zone improvements, sign the grant agreement, amend the budget,
and authorize expenditure of the funds, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: This project includes work related to railway -highway grade crossing
improvements to support future railroad Quiet Zones and grade crossing safety
improvements at up to thirteen railroad crossings in Kent, WA in addition to filling
in security fencing gaps at select locations along the BNSF alignment between
South 212' Street and South 259th Street.
State appropriation for $2,950,000 for fiscal year 2023 is provided solely for a grant
to the City of Kent for operational improvements and other actions to improve
safety and reduce train noise, with the goal of increasing quality of life and
facilitating transit -oriented living in downtown Kent. All expenditures must be
incurred prior to June 30, 2023 to be eligible for this funding.
BUDGET IMPACT: This project will utilize the $2.95M appropriation by Washington
Department of Commerce, with any additional project expenditures after June 30,
2023 paid for out of the City's Quiet Zone project budget. No additional budget
impacts are expected.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 255
8.Q
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Draft Agreement (PDF)
12/05/22
Public Works Committee MOTION PASSES
RESULT:
MOTION PASSES [UNANIMOUS] Next: 12/13/2022
7:00 PM
MOVER:
Satwinder Kaur, Councilmember
SECONDER:
Marli Larimer, Councilmember
AYES:
Brenda Fincher, Satwinder Kaur, Marli Larimer
Packet Pg. 256
8.Q.a
. ►. Washington State
Department of
wwiv commerce
Grant to
[[COMVendorName]]
through
[[The <INSERT PROGRAM_NAME> Program]]
For
[[ProjectName]]
Start date: [[StartDate]]
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TABLE OF CONTENTS
FACESHEET................................................................................................................................................
1
DECLARATIONS..........................................................................................................................................
2
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ADDITIONAL RECITALS..............................................................................................................................2
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SPECIAL
TERMS AND CONDITIONS.........................................................................................................4
1.
GRANT MANAGEMENT...................................................................................................................4
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2.
COMPENSATION.............................................................................................................................4
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3.
CERTIFICATION OF FUNDS PERFORMANCE MEASURES.........................................................4
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4.
PREVAILING WAGE LAW................................................................................................................5
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5.
DOCUMENTATION AND SECURITY..............................................................................................5
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6.
BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES............................................................................................5
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7.
EXPENDITURES ELIGIBLE FOR REIMBURSEMENT....................................................................6
8.
BILLING PROCEDURES AND PAYMENT.......................................................................................6
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9.
SUBCONTRACTOR DATA COLLECTION.......................................................................................7
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10.
CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT......................................7
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11.
INSURANCE.....................................................................................................................................7
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12.
ORDER OF PRECEDENCE.............................................................................................................9
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13.
REDUCTION IN FUNDS...................................................................................................................9
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14.
OWNERSHIP OF PROJECT/CAPITAL FACILITIES......................................................................10
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15.
CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY .............................
10
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16.
CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE .............................
10
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17.
SIGNAGE, MARKERS AND PUBLICATIONS................................................................................10
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18.
HISTORICAL AND CULTURAL ARTIFACTS.................................................................................
10
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19.
REAPPROPRIATION......................................................................................................................11
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20.
TERMINATION FOR FRAUD OR MISREPRESENTATION..........................................................
11
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21.
APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
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WORK.....................................................................................................................................................12
22.
FRAUD AND OTHER LOSS REPORTING....................................................................................
12
23.
PUBLIC RECORDS ACT................................................................................................................12
C)
GENERAL
TERMS AND CONDITIONS.....................................................................................................13
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24.
DEFINITIONS..................................................................................................................................13
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25.
ACCESS TO DATA.........................................................................................................................13
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26.
ADVANCE PAYMENTS PROHIBITED...........................................................................................13
27.
ALL WRITINGS CONTAINED HEREIN..........................................................................................13
28.
AMENDMENTS...............................................................................................................................13
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29.
AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
a�
REFERRED TO AS THE "ADA" 28 CFR PART 35................................................................................14
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30. ASSIGNMENT.................................................................................................................................14 Q
31. ATTORNEYS' FEES.......................................................................................................................14
32. AUDIT..............................................................................................................................................14
1
Packet Pg. 259
8.Q.a
33. BREACHES OF OTHER STATE CONTRACTS.............................................................................15
34. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION..........................................................15
35.
CONFLICT OF INTEREST.............................................................................................................15
36.
COPYRIGHT PROVISIONS...........................................................................................................16
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37.
DISPUTES......................................................................................................................................16
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38.
DUPLICATE PAYMENT..................................................................................................................17
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39.
GOVERNING LAW AND VENUE...................................................................................................17
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40.
INDEMNIFICATION........................................................................................................................17
41.
INDEPENDENT CAPACITY OF THE GRANTEE...........................................................................17
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42.
INDUSTRIAL INSURANCE COVERAGE.......................................................................................18
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43.
LAWS..............................................................................................................................................18
44.
LICENSING, ACCREDITATION AND REGISTRATION.................................................................
18
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45.
LIMITATION OF AUTHORITY........................................................................................................18
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46.
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS............................................................18
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47.
PAY EQUITY...................................................................................................................................18
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48.
POLITICAL ACTIVITIES.................................................................................................................19
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49.
PUBLICITY......................................................................................................................................19
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50.
RECAPTURE
..................................................................................................................................19
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51.
RECORDS MAINTENANCE...........................................................................................................19
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52.
REGISTRATION WITH DEPARTMENT OF REVENUE.................................................................
19
53.
RIGHT OF INSPECTION................................................................................................................19
54.
SAVINGS........................................................................................................................................19
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55.
SEVERABILITY...............................................................................................................................20
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56.
SITE SECURITY.............................................................................................................................20
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57.
SUBGRANTING/SUBCONTRACTING...........................................................................................20
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58.
SURVIVAL.......................................................................................................................................20
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59.
TAXES.............................................................................................................................................20
60.
TERMINATION FOR CAUSE.........................................................................................................20
61.
TERMINATION FOR CONVENIENCE...........................................................................................21
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62.
TERMINATION PROCEDURES.....................................................................................................21
63.
TREATMENT OF ASSETS.............................................................................................................22
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64.
WAIVER..........................................................................................................................................22
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ATTACHMENT A - SCOPE OF WORK......................................................................................................23
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ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT....................................................................................................................................................25
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ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
....................................................................................................................................................................
27
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ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS..........................................................29
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Packet Pg. 260
8.Q.a
FACE SHEET
Grant Number: [[ContractNumbi
Project Name: [[ProjectNarr
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
1. GRANTEE
2. GRANTEE Doing Business As (optional)
[[COMVendorName]]
[[DBAName]] or [[VendorDBAName]]
[[MailingAddressLine1]]
<Insert DBA mailing address>
[[MailingAddressLine2]]
<Insert DBA physical address>
[[MaiIingAddressCity]], [[MaiIingAddressState]]
<Insert DBA location>
[[MaiIingAddressZip]]
3. GRANTEE Representative
4. COMMERCE Representative
[[VendorContact]], [[VendorContactTitle]]
[[CommerceManagerName]], Grant Manager
[[VendorContactPhoneNumber]]
PO Box 42525, Olympia, WA 98504
[[VendorContactEmail]]
[[CommerceManagerPhone]]
CommerceMana erEmail
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
[[OriginalContractA
Federal: State:X Other: N/A:
[[StartDate]]
June 30, 2025,
mount]]
contingent on reappropriation;
June 30, 2023 if funds are not
reap ro riated.
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A N/A
10. Tax ID #
11. SWV #
12. UBI #
13. DUNS #
[[ContractorTaxlD]]
[[ContractorNumber]]
[[ContractorUBINum]]
[[ContractorDUNSNum]]
14. Grant Purpose
The purpose of this performance -based Grant Agreement is to provide funding for a legislatively approved project that
furthers the goals and objectives of <INSERT PROGRAM —NAME> Program as described in Attachment A — Scope of
Work (the "Project').
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above,
acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start
as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this
Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment
"A" — Scope of Work, Attachment "B" — Certification of Availability of Funds to Complete the Project, Attachment "C" —
Certification of the Payment and Reporting of Prevailing Wages, Attachment "D" — Certification of Intent to Enter LEED
Process.
FOR GRANTEE
FOR COMMERCE
Mark K. Barkley, Assistant Director
Signature
Local Government Division
Print Name
Date
APPROVED AS TO FORM
Steve Scheele, Assistant Attorney General
Title
Date
6/15/2022
Date
Packet Pg. 261
8.Q.a
GRANTEE INFORMATION
GRANTEE Name:
Grant Number:
State Wide Vendor Number:
PROJECT INFORMATION
Project Name:
Project City:
Project State:
Project Zip Code:
GRANT AGREEMENT INFORMATION
Grant Amount:
Appropriation Number:
Re -appropriation Number (if applicable):
Grant End Date:
Biennium:
Biennium Close Date:
PROJECT PURPOSE
[[INSERT project purpose (brief summary]]
DECLARATIONS
[[COMVendorName]]
[[ContractNumber]]
[[ContractorNumber]]
[[ProjectName]]
[[MailingAddressCity]]
Washington
[[MailingAddressZip]]
[[OriginalContractAmount]]
<Insert Appr. #>
i.e SSB 5651 SL Section 1026 (2022 Regular
Session)
SHB 1080 SL Section 1075 (2021 Regular Session)
ESSB 6248 SL Section 1013 (2020 Regular Session)
<Insert Appr. #> (i.e SHB 1080 SL Section 1076
(2021 Regular Session) or N/A
June 30, 2025, contingent on reappropriation;
June 30, 2023, if funds are not reappropriated.
2021-2023
June 30, 2023
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
Grant End Date: In the event funds for the project are reappropriated, the contract end date will be
extended pursuant to the reappropriation and consistent with Special Term and Condition 19. Depending
on the reappropriation, a contract amendment may be required.
<Insert additional special terms and conditions>
ADDITIONAL RECITALS
<Insert additional recitals providing context for the project as applicable>
(USE IF APPLICABLE) WHEREAS, the GRANTEE previously received funding for <<previous grant
activities relating to current project>> and COMMERCE administered the funding through Commerce
Grant Number(s) <<insert grant number(s)>>.
(USE IF APPLICABLE) Additionally, the GRANTEE has received an appropriation for <<grant activities
relating to current project>> in <<Laws_of>>, <<Section_Number>>, which has not yet been
administered.
2
Packet Pg. 262
8.Q.a
(USE OF APPLICABLE) Whereas, the Project is one component of a larger multiphase project, which will
result in <<insert larger project outcome>>.
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
Packet Pg. 263
8.Q.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined
on the Face Sheet of this Grant Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community -based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has made an appropriation to support the
<INSERT PROGRAM_NAME> Program, and directed COMMERCE to administer those funds;
and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for design, acquisition, construction, or rehabilitation.
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face
Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of
work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non -state sources as set forth in
ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT), hereof. Such non -state sources may consist of a combination of any of the following
i) Eligible Project expenditures prior to the execution of this Grant Agreement.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non -state matching fund credit.
vii) In -kind contributions, subject to COMMERCE'S approval.
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
Packet Pg. 264
8.Q.a
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non -state sources, and shall make such records available for
COMMERCE's review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over [[ (SELECT AMOUNT) $250,000 or
$500,000]] in state funds. Additionally, Commerce reserves the right to review all state -funded
projects and to require that projects performed by other entity types comply with this section. Projects
for which the grant award or legislative intent documents specify that the state funding is to be used
for design only are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution.
The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set
forth on the Face Sheet, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum
period of ten (10) years following the later of: (1) final payment of state funds to the GRANTEE
under this grant; or (2) the date when the facility improved or acquired with grant funds, or a
distinct phase of the project, is made useable to the public for the purpose intended by the
Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and
conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to
reconvey the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the
commitment period under this grant contract, COMMERCE may require that GRANTEE record or
cause to be recorded a covenant in a superior lien position ahead of the lender's security
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this
contract for at least the term of the commitment period
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When all or part of the grant is used to fund the acquisition of real property, before funds are
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the
value of the real property eligible for reimbursement:
A. GRANTEE purchases of real property from an independent third -party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial real
estate appraiser, or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated
LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
Packet Pg. 265
8.Q.a
commercial real estate appraiser or the prior purchase price of the property plus holding
costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the Grantee shall be made on a reimbursement basis only. The GRANTEE may be
reimbursed for the following eligible costs related to the activities identified in the SCOPE OF WORK
shown on Attachment A.
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
F. Other costs authorized through the legislation.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouchers and any required documentation electronically through COMMERCE's Contracts
Management System (CMS), which is available through the Secure Access Washington (SAW)
portal.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the Grant Agreement. The
GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds
transfer, as applicable, that confirms that they have paid each expenditure being claimed. The
cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the
voucher is initially submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or within fifteen (15) days following
the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in
accordance with Section 19, hereof.
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
Packet Pg. 266
8.Q.a
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals
as agreed by the parties, regarding work under this Grant performed by subcontractors and the
portion of Grant funds expended for work performed by subcontractors, including but not necessarily
limited to minority -owned, woman -owned, and veteran -owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT
The GRANTEE shall complete a Certified Project Completion Report when activities identified in the
SCOPE OF WORK shown on Attachment A are complete.
The GRANTEE shall provide the following information to COMMERCE:
A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment
A, is complete and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK shown on Attachment A.
C. Certification that all costs associated with the Project have been incurred and accounted for. Costs
are incurred when goods and services are received and/or Grant work is performed.
D. A final voucher for the remaining eligible funds, including any required documentation.
The GRANTEE will submit the Certified Project Completion Report together with the last Invoice
Voucher for a sum not to exceed the balance of the Grant Amount.
11. INSURANCE
A. Insurance Reauirements for Reimbursable Activities
The GRANTEE will maintain appropriate insurance coverage throughout any period in which
reimbursable activities are conducted. The intent of the required insurance is to protect the state of
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either,
while performing under the terms of this Grant.
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B. Additional Insurance Reauirements Durina the Term of the Grant
The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per
occurrence. Additionally, the GRANTEE is responsible for ensuring that any
Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of
subgrants/subcontracts. Commercial General Liability Insurance coverage shall be maintained in
full force and effect during the term of this Grant and throughout the commitment period
described in Special Terms and Conditions Section 5, 15, and 16.
Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall
cover the following hazards, as applicable:
• Loss or damage by fire and such other risks;
• Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks or similar apparatus now or hereafter installed in a building or building on the
premises.
Property Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 15, and 16.
Professional Liability, Errors and Omissions Insurance. If GRANTEE will be providing any
professional services to be reimbursed under this Grant, the GRANTEE shall maintain
Professional Liability or Errors and Omissions Insurance with minimum limits of no less than
$1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or
under contract to the GRANTEE. The state of Washington, its agents, officers, and employees
need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the
GRANTEE's fiscal agent as beneficiary.
C. Fidelity Insurance coverage shall be maintained in full force and effect during the term of this
Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
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The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from
the insurance issuing agency. The copies or certifications shall show the insurance coverage, the
designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE
will be provided thirty (30) days advance written notice of cancellation.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
Professional Liability, Errors and Omissions Insurance. The GRANTEE shall require that any
contractors providing professional services that are reimbursable under this Grant maintain
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall require such
contractors to maintain minimum limits of no less than $1,000,000 per occurrence. The state of
Washington, its agents, officers, and employees need not be named as additional insureds under
these policies.
GRANTEES and Local Governments that Participate in a Self -Insurance Program.
Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or
self -insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or
letter of coverage that outlines coverage limits and deductibles. All self -insured risk management
programs or self-insured/liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self -insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Declarations page of this Grant Agreement
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Certification of the Availability of Funds to Complete the Project
• Attachment C — Certification of the Payment and Reporting of Prevailing Wages
• Attachment D — Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
13. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
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14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement. This provision does not extend to claims that
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or
purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the
later of: (1) the date the final payment is made hereunder; or (2) the date when the facility
improved or acquired with grant funds, or a distinct phase of the project, is made useable to the
public for the purpose intended by the Legislature.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 50 (Recapture provision).
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least ten (10) years from the later of: (1) the date the final payment is
made hereunder; or (2) the date when the facility improved or acquired with grant funds, or a
distinct phase of the project, is made useable to the public for the purpose intended by the
Legislature.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 50 (Recapture Provision).
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify "The Taxpayers of Washington State" as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02 or
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
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with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Contract.
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor's Executive Order 21-02 as applicable, coordinate with Commerce and the Washington
State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize,
or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this
Contract.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re -comply with Governor's Executive Order 21-02, or Section 106 of the National
Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM
CLOSE DATE listed on the Declarations page will lapse on that date unless specifically
reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's
obligation under the terms of this Grant Agreement shall be contingent upon the terms of such
reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the right
to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds
disbursed to the GRANTEE under the Grant.
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21. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK
The "Copyright Provisions", Section 36 of the General Terms and Conditions, are not intended to
apply to any architectural and engineering design work funded by this grant.
22. FRAUD AND OTHER LOSS REPORTING
Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or
other property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
23. PUBLIC RECORDS ACT
Notwithstanding General Terms and Conditions Section 34, COMMERCE is a public agency subject
to the Public Records Act, Chapter 42.56 RCW (the "PRA"). Under the PRA, all materials relating to
the conduct of government or the performance of any governmental or proprietary function prepared,
owned, used, or retained by COMMERCE or its functional equivalents are considered public records
The PRA requires that public records responsive to a public records request be promptly produced
unless the PRA or an "other statute" exempts such records from production. This Agreement is not
intended to alter COMMERCE's obligations under the PRA. The parties agree that if COMMERCE
receives a public records request for files that may include confidential information under General
Terms and Conditions Section 34, COMMERCE will notify the other party of the request and of the
date that the records will be released to the requester unless GRANTEE obtains a court order
enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA,
COMMERCE shall maintain the confidentiality of the information per the court order.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
24. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass -
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee -for -service or per -unit basis with
contractual penalties if the entity fails to meet program performance standards.
I. "Grant" and "Agreement" and "Contract" shall mean the entire written agreement between
COMMERCE and the GRANTEE, including any attachments, exhibits, documents, or materials
incorporated by reference, and any amendments executed by the parties.
25. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the
methodology for those models.
26. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
27. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
28. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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29. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
REFERRED TO AS THE "ADA" 28 CFR PART 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
30. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
31. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs.
32. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE's records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
comacctoffice(c)commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
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• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
• Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
33. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
34. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
35. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in
the procurement of, or performance under this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
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execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified
individually by name, the agency previously or currently employed by, job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which COMMERCE makes any determination under this clause shall be
an issue and may be reviewed as provided in the "Disputes" clause of this Grant Agreement.
36. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
37. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the GRANTEE's name, address, and Grant number; and
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
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The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
38. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses. The GRANTEE certifies that work to be performed under this contract
does not duplicate any work to be charged against any other grant, subgrant/subcontract, or
agreement.
39. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
40. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
41. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Grant Agreement are not employees or
agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
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42. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of
Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's
rights to collect from the GRANTEE.
43. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
44. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant Agreement.
45. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration,
amendment, modification, or waiver or any clause or condition of this Grant Agreement is not
effective or binding unless made in writing and signed by the Authorized Representative.
46. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein. The funds provided under this contract may not be used to fund religious worship,
exercise, or instruction. No person shall be required to participate in any religious worship, exercise,
or instruction in order to have access to the facilities funded by this grant.
47. PAY EQUITY
The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or quality
of production; a bona fide job -related factor or factors; or a bona fide regional difference in
compensation levels.
(ii) A bona fide job -related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender -based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender -based differential; and account for the
entire differential.
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
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This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise services determines that the GRANTEE is not in compliance with this provision.
48. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
49. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
50. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
51. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
52. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
53. RIGHT OF INSPECTION
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or any
of its officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or
quality assurance under this Grant.
54. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
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requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
55. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
56. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
57. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this Grant Agreement without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce
the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's
duties. This clause does not include Grants of employment between the GRANTEE and personnel
assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every
subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a subgrantee's/subcontractor's performance of the
subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without
the express written consent of COMMERCE or as provided by law.
58. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
59. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
60. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience"
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
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if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
61. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
62. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
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63. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by
the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
64. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
AAG Approved - CAR DA GRANT AGREEMENT — VER 3
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ATTACHMENT A - SCOPE OF WORK
[[ProjectPurpose]]
Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be
within the scope of the legislative appropriation.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
23
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ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT
Type of Funding
Source Description
Amount
Grant
Washington State Department of Commerce
[[0rig inalContract
Amount
Other Grants
Grant #1
$
Grant #2
$
Total Other Grants
$0.00
Other Loans
Loan #1
I
$
Loan #2
$
Total Loans
$0.00
Other Local Revenue
Source #1
$
Total Local Revenue
$0.00
Other Funds
Source #1
$
Source #2
$
Total Other Funds
$0.00
Total Project Funding
I $0.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement and identified above has been reviewed and approved by the GRANTEE's
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project, and shall make
such records available for COMMERCE's review upon reasonable request.
GRANTEE
TITLE
DATE
25
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ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date
the appropriation becomes effective, including but not limited to the filing of the "Statement of Intent to
Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANTEE
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for COMMERCE's review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
TITLE
DATE
27
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ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
IF EXEMPT: DO NOT SIGN
GRANTEE
TITLE
DATE
29
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Draft - Scope of Work for the Union Pacific and Burlington Northern Santa Fe
Railroads Quiet Zone Improvements Project
State appropriation for fiscal year 2023 is provided solely for a grant to the City of
Kent for operational improvements and other actions to improve safety and reduce
train noise, with the goal of increasing quality of life and facilitating transit -oriented
living in downtown Kent.
This project includes work related to railway -highway grade crossing improvements
to support future railroad Quiet Zones and grade crossing safety improvements at
up to thirteen railroad crossings in Kent, WA; including but not limited to
construction of raised medians; construction of curbs, gutters, sidewalks, and
pavement repairs; installation of new traffic signs; installation of roadway
channelization; installation of fencing and gates; and relocation, removal, or
upgrade of existing traffic signals, railroad crossing signal lights, fencing,
landscaping, signals, utilities, and street lights. Project work will also include the
design and installation/upgrade of trespass fencing at select locations along the
BNSF alignment between S. 212t" St. and S. 259t" St, Kent, WA 98032.
Eight of the crossings are of the BNSF Railway Company (BNSF) at the following
streets:
• S. 212t" St. DOT# 085625H
• James St. DOT# 085629K
• Smith St. DOT# 085633A
• Meeker St. DOT# 085636V
• Gowe St. DOT#085637C
• Titus St. DOT#085639R
• Willis St. (SR 516) DOT# 085640K
• S 259t" St DOT# 085642Y
Five crossings are of the Union Pacific Railroad (UPRR) at the following streets:
• S. 212t" St. DOT# 396575R
• W. James St. DOT# 396578L
• W. Smith St. DOT# 396579T
• W. Meeker St. DOT# 396580M
• Willis St. (SR 516) DOT# 396581U
Work will include permitting, right-of-way acquisition (if necessary), cultural
resource review, project management, survey/design engineering, construction
management, material procurement, railroad flagging, and construction of Q
improvements. Work may be performed by a combination of Kent staff, contracted
professional services, contractors, and the individual railroads or their o
representatives.
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9AM Washington State
ik rtment of
V Commerce
Washington State Capital Budget
Contract Readiness Form
Grantee: City of Kent
Project Title: Train Noise Reduction Activities
Contract Number: 22-62423-001
Net Grant Amount: $2,950,000
Instructions:
Before you can receive funds, a contract will need to be executed between your organization
and the state. Contract development generally takes four to six weeks once you have met all
pre -contracting requirements. Please follow these steps to get the process started:
1. Completely fill out the survey questions by typing your responses in the electronic version
of this form;
2. Have the Grantee Certification (last page) signed by the person authorized to sign
contracts for your organization;
3. Attach documentation for committed funds (copies of award letters, council
appropriations, etc.), if applicable;
4. Attach completed and signed LEED Certification Declaration form;
5. Compile and email these documents to your Grant Manager, [[CommerceManagerName]] at
[[CommerceManagerEmail]]
If you have any questions or need additional information, please contact me at:
[[CommerceManagerEmail]] or [[CommerceMan agerPhone]]
All grantees are required to set up an SWV number so funds may be sent electronically.
Please find detailed instructions here: Office of Financial Management. It may take up to
three weeks after you submit this information for an electronic transfer account to be set up.
You may immediately submit your working papers survey to us; we will automatically receive
your SWV number from the office that sets them up.
Thank you for your assistance in making this contract -writing process as quick and easy as
possible!
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SECII ON 1. GENERAL I NFORMAII ON
1.1 Grantee (Complete Legal Name)
1.2 Type of Organization
1.3 Statewide Vendor Number (if available)
�1.4 Fiscal Year End (mm/dd)
1.5 UBI# (if available)
1.6 Project Street Address
1.7 Project Mailing Address
1.8 County (https://www.gps-
coordinates.net)
1.9 Project GPS Coordinates (approximate
center of where you will be working)
1.10 Project Jurisdiction (county, city, town)
1.11 Legislative District
1.12 Congressional District
L
3 Which legislator(s) took the lead in
introducing your appropriation?
Authorized Person to Sign Contract
Authorized Signatory Title
Mailing Address (if different from project
1.14 mailing address above)
Telephone
Email
❑ Publicly -Owned ❑ Private Non -Profit ❑ Tribal
,WA -
WA -
Latitude (e.g., 45.3530)
,
Person Administering the Grant (once
contract is signed)
Mailing Address (if different from project
1.15 mailing address above) '
Telephone
Email
Are you able to utilize DocuSign to sign a ❑
1.16 contract? Yes
1.17 Attorney Name, Firm & Address, if
required on contract documents
WA -
►, .
❑ No
Longitude (e.g., 120.4510)
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SEGnON 2. PROJECT INFORMATION
PROJECT DESCRIPTION
2.1 Please describe the project's anticipated use and public benefit.
.2 Is this project part of a larger, phased project? If YES, explain how this phase fits in the ❑ YES ❑ NO
overall project.
1 «6 ►1106
Do you have control of the project site either through ownership or through a long-term
lease (at least 10 years)? If NO, please explain and include the date you expect to ❑ YES ❑ NO
meet this condition.
IMPORTANT: Site control is required before we can begin writing the contract.
GOVERNOR B=CUTIVE ORDER 21-02 (EO 21-02) CULTURAL & HSTORICAL RESOURCES REVIEW (OR SECTION 106)
Does your project involve pre -construction, land acquisition, ground disturbance, or
construction or rehabilitation of a building over 45 years old? El Pre -Construction
If YES and your project includes only state and local funds, you will need to go through
the EO 21-02 review process. El Land Acquisition
If NO, please explain.
Does your project include federal funds? ❑ YES ❑ NO El Ground Disturbance
If YES, you will need to go through the Section 106 review process.
IMPORTANT: If EO 21-02 (or Section 106) applies to your project, you will need to Building Over 45
Years Old
complete this review before we can execute the contract.'
LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN) CERTIFlCAMON
.5 Does your project include new construction or renovation of a building or facility? ❑ YES ❑ NO
If YES, indicate if you entered the LEED certification process with the goal of your facility obtaining the silver
standard.
IMPORTANT: As part of your contracting process, you are required to complete a LEED Certification
Declaration form. 2
' The EO 21-02 requires recipients of state funds to consult with interested parties, i.e., Department of Archaeology and Historic
Preservation, and Indian Tribes, prior to starting project construction. If your project funding includes federal funds, Section 106
(National Historic Preservation Act) will be required, which supersedes the EO 21-02 review. These consultations should take place as
early as possible in order to avoid delays in starting your project. If you have questions regarding the cultural and historic resources
process, please contact your project manager.
2 LEED is a certification program run by the U.S. Green Building Council. In 2005 the Washington State Legislature passed a law
requiring all capital projects grant recipients to comply with the LEED standards (RCW 39.35D). The goal is for major construction or
renovation projects receiving state funds to be built to the LEED silver standard where "practicable." Projects that fall under certain
facility types and projects demonstrating that it would not "be practicable" to meet the LEED silver standard may qualify for a LEED
exemption. Please refer to the attached LEED Certification Declaration form for more details. If you have questions regarding the
LEED process, please contact your project manager.
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8.Q.a
PREVAILING WAGE
6 If your project includes new construction or renovation, do you understand and
acknowledge that you are required to pay state prevailing wages for all construction -
related work as of the enacted date of the state capital budget including the project's ❑ YES
appropriation.
2.7 Describe all the activities and deliverables needed to accomplish this project.
IMPORTANT: Provide a description of the project along with the estimated start and end date. Your Scope
of Work must correspond with your application or member request and will become part of your contract.
Packet Pg. 294
8.Q.a
,8 ' Only complete the Project Costs table below if your budget is finalized. A list of eligible and ineligible costs is
attached at the end of this survey.
IMPORTANT: Your Total Project Costs must equal your Total Funding in Question 2.9. The cost categories
must correspond with the activities listed on your Scope of Work. Please note that this is a reimbursement
grant; only costs incurred after the date project funds were awarded will be reimbursed (July 1 of year
appropriated).
IMPORTANT: A finalized budget is required before we can begin writing the contract.
IMPORTANT: Internal project management is NOT an eligible cost for reimbursement.
Has the project incurred eligible costs prior to receiving the appropriation in the state capital budget? U Yes
❑ No
If yes, please provide date costs were incurred and explain.
Archeological/Historical Review
Site Acquisition
Architecture and Engineering Design
Construction/Renovations
Construction Management
Demolition and Site Preparation
Capitalized Equipment
Other:
Packet Pg. 295
8.Q.a
PRQIECT FUNDING
2,9 CComplete the table below listing the amounts and funding sources for this project. State the status of your funding
sources as follows:
Committed: funds are considered committed if a formal notice of approval for the funds is in place from the
funding source. Local Revenue must be in an approved budget or be appropriated by your council or
commission to be considered committed. Attach documentation such as copies of award letters, council
appropriations, etc.
In -Hand: funds are considered in -hand if you have already received the funds.
IMPORTANT: Your Total Project Funding must equal your Total Project Costs in Question 2.8. The Project
Funding table will become part of your contract. You are required to have full funding for your project (or
project phase) by either having the funds in -hand or by showing that the funds are committed.
IMPORTANT: All project funding is required before we can begin writing the contract.
Status
Ir Amount (Committed or In -Hand)
State Grant Department of Commerce $2,950,000 Committed
Funds (eg. State, Federal, Local, Grants, Private, Loans)
Total Other:
7
ANL,IIIL,"o�L,;GiIX�
Are there contingencies that could change your answers to any of the questions above? If so, please briefly
explain. For example: Proiect description. site control. scope of work. financina. etc.
Packet Pg. 296
8.Q.a
PROJECTIONS
3.0 I Please estimate how much of your award you plan to request during the upcoming quarters. This information is
used for program budgeting purposes only and is not binding.
Fiscal Year 2022
Q4 April 1 - June 30, 2022
Total
Fiscal Year 2023
Q5 Jul 1 - September 30, 2022
Q6 October 1 - December 31, 2022
Q7 January 1 - March 31, 2023
Q8 April 1 — June 30, 2023
Total
Fiscal Year 2024
Q1 Jul 1 - September 30, 2023
Q2 October 1 - December 31, 2023
Q3 January 1 - March 31, 2024
Q4 April 1 — June 30, 2024
Total
Fiscal Year 2025
Q5 Jul 1 - September 30, 2024
Q6 October 1 - December 31, 2024
Q7 January 1 - March 31, 2025
Q8 April 1 — June 30, 2025
Total
Packet Pg. 297
8.Q.a
The Grantee certifies that:
■ The information and financial data provided in this document are true and correct to the best of their
belief and knowledge and it is understood that Commerce staff may independently verify
information, and that the discovery of incomplete, false, and/or misleading information is grounds
for withholding awarded funds or termination of grant contract;
■ Records supporting the information provided in this document are on file and will be made available
by the Grantee upon request;
■ There are no outstanding liens against this project;
■ There is currently no litigation in existence seeking to enjoin the commencement or completion of
the above -described project; and
• The Grantee intends to enter into a grant contract with the Department of Commerce, provided that
the terms and conditions for a Department of Commerce grant are satisfactory to both parties.
Signed:
Name:
Title:
Phone Number:
Date:
Packet Pg. 298
Eligible Costs
Ineligible Costs
8.Q.a
Capital Budget funds may generally
be used to pay for the following
project expenses.
■ design, architectural, and
engineering work;
• building permits/fees;
■ archeological/historical review;
■ construction labor and materials;
■ demolition/site preparation;
■ capitalized equipment;
■ information technology
infrastructure (cables and wiring);
• construction management and
observation (from external
sources only)*;
• initial furnishings**;
■ landscaping;
■ real property when purchased
specifically for the project, and
associated costs.***
The following costs are not eligible
for reimbursement under this
program:
■ internal administrative activities
and staffing costs;
• mortgage or loan payments;
■ project management (from
any source)****;
■ fundraising activities;
■ feasibility studies;
■ computers or office equipment;
■ rolling stock (such as vehicles);
■ lease payments for rental of
equipment or facilities;
• any maintenance or operating
costs;
■ property leases (including long-
term leases)
■ the moving of equipment,
furniture, etc., between
facilities.
* Construction management and observation is on -site management and/or supervision of the
work site and workers thereon. This is an eligible project cost. Construction management does
not include work typically performed by off -site consultants or consultant organizations, grant
writers, project managers, or employees of the grantee, unless the employee is hired solely and
specifically to perform on -site construction management as defined above and in accordance with
the Office of Financial Management's 2017-2027 Capital Budget Instructions, Chapters 1.5 and
4.2.
** Furnishings and equipment are considered eligible project costs as long as the average useful
life of the item purchased is 13 years or more.
Costs directly associated with property acquisition include appraisal fees, title opinions,
surveying fees, real estate fees, title transfer taxes, easements of record, and legal expenses.
**** In no way shall funds be used to supplant or subsidize operating costs such as ordinary
maintenance or administrative staff expenses
Note: Please do not include operating costs in your project scope and budget.
Packet Pg. 299
8.Q.a
Insurance Requirements — Direct Appropriation Grant
Insurance Requirements for Reimbursable Activities
The GRANTEE will maintain appropriate insurance coverage throughout any period in which
reimbursable activities are conducted. The intent of the required insurance is to protect the state of
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either,
while performing under the terms of this Grant.
Additional Insurance Requirements During the Term of the Grant
The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per
occurrence. Additionally, the GRANTEE is responsible for ensuring that any
Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of
subgrants/subcontracts. Commercial General Liability Insurance coverage shall be maintained in
full force and effect during the term of this Grant and throughout the commitment period
described in Special Terms and Conditions Section 5, 15, and 16.
Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall
cover the following hazards, as applicable:
• Loss or damage by fire and such other risks;
• Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks or similar apparatus now or hereafter installed in a building or building on the
premises.
Property Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 15, and 16.
Professional Liability, Errors and Omissions Insurance. If GRANTEE will be providing any
professional services to be reimbursed under this Grant, the GRANTEE shall maintain
Professional Liability or Errors and Omissions Insurance with minimum limits of no less than
$1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or
under contract to the GRANTEE. The state of Washington, its agents, officers, and employees
need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the
GRANTEE's fiscal agent as beneficiary.
C. Fidelity Insurance coverage shall be maintained in full force and effect during the term of this
Grant.
Packet Pg. 300
8.Q.a
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from
the insurance issuing agency. The copies or certifications shall show the insurance coverage, the
designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE
will be provided thirty (30) days advance written notice of cancellation.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
Professional Liability, Errors and Omissions Insurance. The GRANTEE shall require that any
contractors providing professional services that are reimbursable under this Grant maintain
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall require such
contractors to maintain minimum limits of no less than $1,000,000 per occurrence. The state of
Washington, its agents, officers, and employees need not be named as additional insureds under
these policies.
GRANTEES and Local Governments that Participate in a Self -Insurance Program.
Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or
self -insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or
letter of coverage that outlines coverage limits and deductibles. All self -insured risk management
programs or self-insured/liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self -insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
Packet Pg. 301
8.Q.a
Department of Commerce
Innovation is in our nature.
The LEED Certification Declaration
Is Required of All Capital Budget Projects
The 2005 Washington State Legislature
passed a law that may require our grant recipients
to comply with what has been termed "high-
performance" or "green" building standards
(RCW 39.35D).
The goal is for major construction or
renovation projects receiving state funds to be
built to the LEED silver standard where
"practicable." LEED (which stands for
Leadership in Energy and Environmental Design)
is a certification program run by the U.S. Green
Building Council.
According to the American Institute of
Architects, high-performance buildings are
cheaper to operate, save water and energy, and
improve worker performance.
These building principles offer the most
savings when incorporated early in the design
process. That's why we strongly encourage you
to talk with your architect as soon as possible.
The first issue you may wish to explore is
whether your project is required to meet the
LEED silver standard. The law offers two types
of exemptions.
Exemptlon 1: Facility types
Four facility types are exempt:
■ acquisition -only projects;
■ new construction less than 5,000 gross
square feet of occupied or conditioned space as
defined by the Washington State Energy Code;
■ renovation projects whose costs are less
than 50 percent of the facility's assessed value or
are less than 5,000 gross square feet of occupied
or conditioned space; or
■ facilities such as transmitter buildings;
pumping stations; hospitals; research facilities
primarily used for laboratory experimentation,
research, or training in research methods; or
similar building types.
Exen"on 2: `Not practicable'
We may exempt grantees who demonstrate
that it would be "not practicable" for them to meet
the LEED silver standard. However, we are not
permitted to offer this solely because of cost- or
timing -related issues. If your project (or the phase
of the project you applied for) does not include
any construction or renovation of a building or
facility, you may request this exemption. If you
are seeking a "not practicable" exemption, in the
declaration form you will need to provide a
rationale for your request (your architect may be
helpful here).
Packet Pg. 302
8.Q.a
Department of Commerce
Innovation is in our nature.
LEED Certification Declaration
Capital Budget Grant Programs
Directions: All recipients of state Capital Budget grants are required to fill out this form Please type your responses in the
electronic version of this fo74 and then have it signed by both your architect (if applicable) and the person who is authorized to sign
contracts for your organization.
Project Name:
Organization:
Date Submitted:
1.1 Does your project only involve a land acquisition and does not include any construction or renovation of a building or facility?
If Yes, you are exempt and you may skip to Step 4 and sign the form
Yes ❑ No ❑
1.2 Does your project involve construction or major renovations to a project that does not include a structure or building (i.e. water
distribution, sewer collection or transportation system)?
Yes ❑ No ❑
1.3 If your project is anew construction, is it less than 5,000 gross square feet of occupied or conditioned space'?
Yes ❑ No ❑ If Yes, Mat is the square footage?
1.4 If your project is a renovation, is it less than 50 percent of the facility's assessed value2, or less than 5,000 gross square feet of
occupied or conditioned space? Yes ❑ No ❑
If Yes, what is the renovation total budget? $ What is the facllitys assessed value? $
1.5 Is your facility a transn itter building, pumping station, hospital, or research facllity3? Yes ❑ No ❑
Is it a sirrilar building type? Yes ❑ No ❑
If Yes, describe:
You are exempt if you answered Yes to ANY question in Step 1. If you are exempt, you may skip Steps 2 and 3, but please
fill out Step 4 and sign the form
The Department of Commerce may exempt state Capital Budget grant awardees who derronstrate that it would not be practicable for
them to meet the LEED silver standard. We are not permitted to offer this exemption solely because of cost or time constraints, but
we may if:
Goss square feet as defined by the Washington State Energy Code.
z Assessed value includes the building and land.
3 Primarily used for sponsored laboratory experimentation, laboratory research, or laboratorytraining in research methods.
Page 1 LEED Certification Declaration
Packet Pg. 303
8.Q.a
a. The project (or this phase of the project) does not involve the construction or renovation of a building or facility;
b. A renovation is piecemeal in nature; and/or
c. Unusual aspects of the building do not lend themselves to LEED standards.
2.1 Does your project (or this phase of the project) involve the construction or renovation of a building or facility? Yes ❑ No ❑
2.2 Has design begun? Yes ❑ No ❑ If Yes, date design began:
Percentage of pre -design or design complete: %
Has construction begun? Yes ❑ No ❑ If Yes, date construction began:
Percentage of construction complete: %
2.3 VUbuld you like to apply for this exemption? Yes ❑ No ❑ If Yes, please explain why.
3.1 Have you already entered the LEED certification process? Yes ❑ No ❑ As of what date?
3.2 If you answered No to 3.1, were you planning to enter the LEED certification process? Yes ❑ No ❑
3.3 If you are entering the LEED process, what standard are you attempting to reach?
Certified ❑ Silver ❑ Gold ❑ Platinum ❑
Grantee Representative's Name:
Title:
Signature
Date:
I "11ME
Organization:
Mailing Address:
Project Location (if different from above):
Applicant Architect's Name:
Title:
Signature:
Date:
The Grantee and its architect, by the above signatures, certify that all of the information provided in this LEED Certification
Declaration is accurate and complete to the best of their knowledge. The Grantee understands that The Department of Commeroe
staff may independently verify information provided, and that the discovery of incomplete, false, and/or misleading information is
grounds for withholding awarded funds.
Page 2 LEED Certification Dedaration
Packet Pg. 304
8.R
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Reappointments to the Human Services Commission -
Confirm
MOTION: I move to confirm the Mayor's reappointments of Rickie Robinson
and Connie Stolpp to 4-year terms on the Human Services Commission that
will begin on January 1, 2023 and end on December 31, 2026.
SUMMARY: An extensive recruitment process was conducted for applicants to
serve on the City's Human Services Commission and included promotion on the
City's webpage and a recruitment announcement sent directly to existing
commission members. Staff reviewed the candidate applications and interviews
were facilitated via Teams. Staff believes the candidates' perspectives and
experiences would be an asset to the Human Services Commission and recommend
the reappointments.
Connie Stolpp is a resident of Kent and wishes to continue to serve her community
by participating in helping make Kent a quality place both to live and work and give
back to the community that she calls home. Connie participates in advisory boards
and community meetings across the city showing her commitment and love for our
community. This will be Connie's second four-year term.
Rickie Robinson is a resident of Kent since 1993 and has experienced the
extraordinary demographic changes that have taken place in our city over the past
40 years. Rickie worked for the King County Housing Authority for more than 30
years as a Community Services Administrator. Now retired, he continues to serve
his community by participating in the Human Services Commission as a
commissioner and chair offering his experience and commitment to our community
as his primary attributes. This will be Rickie's second four-year term.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 305
8.S
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Appointments to the Kent Bicycle Advisory Board - Confirm
MOTION: I move to confirm appointments of Allison Hopstad and Tim Irwin
to inaugural terms on the Kent Bicycle Advisory Board that will begin
January 1, 2023 and end March 31, 2024.
SUMMARY: Transportation staff worked with the Communications Department to
advertise and recruit for two vacancies on the Kent Bicycle Advisory Board,
previously held by Mack Middleton and Steve Bourke, and interviewed the only two
responsive applicants. I am pleased to recommend appointments of Allison Hopstad
and Tim Irwin for inaugural terms to the Kent Bicycle Advisory Board that will
expire March 31, 2024.
Allison Hopstad - Recommend Appointment to Position 11 (vacant)
Allison has lived in Kent for 6 years and works in digital marketing and e-
commerce. She rides mainly for recreation currently, but is very interested in
creating a transportation system that is easy to use and equitable for all users and
all modes. Allison has served in the local PTA and has been looking at different
boards and commissions for a way to get more involved at the local level. She is
very interested in safety and would like there to be more safe places for her and
her children to ride together. She is also interested in installing more bike lockers at
train stations, and having more secure bike parking, even standard racks, at
schools and elsewhere in the City.
Allison would serve an inaugural term ending 3/31/2024 and will be eligible for two
full 3-year terms afterwards.
Tim Irwin - Recommend Appointment to Position 2 (vacant)
Tim has lived in Kent for 24 years and currently works as a software architect. He is
an avid cyclist, logging thousands of miles each year, and has been cycling for
many years. Most of his time on a bike is road riding where he pushes himself hard
on long training rides on area roads. He has previously served 15 years as a leader
in Boy Scouts of America and wants to continue to serve Kent and be part of the
solution. Tim believes that small things can have a big impact like having shoulders
of consistent width and regular maintenance. He would also like to help establish
major east -west and north -south corridors in the City.
Packet Pg. 306
8.S
Tim would serve an inaugural term ending 3/31/2024 and be eligible for two full 3-
year terms afterwards.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 307
9.A
KENT
WASH IN G T O N
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: Jail Food Services Agreement
MOTION:
SUMMARY: If needed, staff will make a presentation to Council for the jail food
services agreement for 2023 and beyond.
BUDGET IMPACT:
Packet Pg. 308
10.A
KENT
DATE: December 13, 2022
TO: Kent City Council
SUBJECT: South 240th Street and Russell Road Transportation
Improvement Board Sidewalk Improvements Bid - Award
MOTION: I move to award the South 240th Street and Russell Road
Transportation Improvement Board Sidewalk Improvements Project to
Active Construction Inc. in the amount of $1,943,943 and authorize the
Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: This project will provide connections between Meeker Street, Hogan
Park, the Green River Trail and The Lakes residential area. The project includes
traffic calming on both Russel Road and S. 240th Street, as well as an overlay on
portions of the Hogan Park parking lot. The project covers three segments as noted
below:
1. 450 feet of bike lane, sidewalk and planter strip will be constructed on South
240th Street adjacent to the Kent Public Works Operations building.
2. 950 feet of the Russell Road shoulder adjacent to Hogan Park will be widened
to accommodate a bike lane on the east side of Russell Road. In addition, 870
feet of sidewalk will be constructed on the west side of the Hogan Park
parking. The middle entrance of Hogan Park includes a raised crosswalk for
the new sidewalk.
3. South of Hogan Park on the east side of Russell Road the drainage ditch will
be filled to construct 650 feet of shared use path/sidewalk connecting Hogan
Park to Meeker St. This segment of the sidewalk will include pedestrian scale
lighting and street trees.
The bid opening for the South 240th Street and Russell Road Transportation
Improvement Board Sidewalk Improvements Project was held on December 6,
2022 with nine bids received. The lowest responsible and responsive bid was
submitted by Active Construction Inc. in the amount of $1,943,943.
Bid Tab Summary
01. Active Construction Inc. $1,943,943.00
02. Reed Trucking & Excavating, Inc. $2,124,361.00
Packet Pg. 309
10.A
03.
Fury Site Works, Inc.
$2,128,143.89
04.
Pacific Civil & Infrastructure
$2,162,041.50
05.
Tucci & Sons, Inc.
$2,164,147.00
06.
Rodarte Construction, Inc.
$2,231,593.75
07.
Marshbank Construction, Inc.
$2,322,888.75
08.
Northwest Cascade, Inc.
$2,338,196.00
09.
Olson Brothers Excavating, Inc.
$2,488,229.50
Engineer's Estimate $2,382,735.00
BUDGET IMPACT: This project will utilize two Transportation Improvement Board
grants totaling $1,543,000 with a City match of approximately $800,000. The
Hogan Park overlay will be paid for using Kent Parks funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolvinq 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. 240th & Russell Sidewalks Bid Tab (PDF)
Packet Pg. 310
10.A.a
S. 240th Street and Russell Road
1
2
3
4
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Active Construction Inc.
Reed Trucking & Excavating, Inc.
Fury Site Works, Inc.
Pacific Civil & Infrastructure
C
PO Box 430
2207 Inter Avenue, Suite A
PO Box 2118
5124 180th Street E.
C
Disclaimer: These preliminary bid results are provided as a convenience
to
Puyallup, WA 98371
Puyallup, WA 98372
North Bend, WA 98045
Tacoma, WA 98446
contractors for informational purposes only and do not identify lowest
p
responsible bidder. Bid review by staff and final award pending.
iZ
U)
TOTAL
$1,943,943.00
$2,124,361.00
$2,128,143.89
$2,162,041.50
C
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
a
Q'
SCHEDULE I: 240TH AND HOGAN PARK
-
1000 Mobilization
1
LS
68,516.75
$68,516.75
93,000.00
$93,000.00
117,195.56
$117,195.56
97,000.00
$97,000.00
to
1005 Clearing and Grubbing
1
LS
11,000.00
$11,000.00
10,000.00
$10,000.00
29,517.45
$29,517.45
19,000.00
$19,000.00
y
3
1010 * Remove Existing Asphalt Concrete Pavement
1,600
SY
17.00
$27,200.00
12.00
$19,200.00
12.78
$20,448.00
18.00
$28,800.00
1020 Remove Cement Concrete Sidewalk
70
SY
29.00
$2,030.00
25.00
$1,750.00
33.59
$2,351.30
30.00
$2,100.00
1025 * Remove Cement Concrete Curb and Gutter
1,000
LF
11.50
$11,500.00
10.00
$10,000.00
9.68
$9,680.00
14.00
$14,000.00
R
1030 Remove Cement Concrete Extruded Curb
50
LF
11.50
$575.00
10.00
$500.00
4.01
$200.50
5.00
$250.00
U)
1040 Removal of Raised Pavement Markers and Painted and/or
1
LS
2,000.00
$2,000.00
2,000.00
$2,000.00
2,066.22
$2,066.22
1,750.00
$1,750.00
t
Thermoolastic Traffic Markinas
o
1045 Restore Existing Split Rail Fence
80
LF
22.00
$1,760.00
20.00
$1,600.00
30.50
$2,440.00
25.00
$2,000.00
CV
1050 * Saw Cut Existing Asphalt Concrete Pavement
2,600
LF
4.25
$11,050.00
6.00
$15,600.00
4.72
$12,272.00
3.00
$7,800.00
N
1055 * Saw Cut Existing Cement Concrete Pavement
50
LF
5.00
$250.00
10.00
$500.00
13.19
$659.50
9.60
$480.00
1060 * Roadway Excavation Incl. Haul
520
CY
51.00
$26,520.00
70.00
$36,400.00
58.47
$30,404.40
85.00
$44,200.00
00
1065 * Unsuitable Foundation Excavation Incl. Haul
50
CY
61.00
$3,050.00
50.00
$2,500.00
45.43
$2,271.50
85.00
$4,250.00
M
1075 * Gravel Borrow, Including Haul and Compaction
80
TON
60.00
$4,800.00
35.00
$2,800.00
59.82
$4,785.60
40.00
$3,200.00
1080 * Crushed Surfacing Top Course, 5/8 Inch Minus
320
TON
50.00
$16,000.00
60.00
$19,200.00
47.68
$15,257.60
65.00
$20,800.00
1086 * Crushed Surfacing Base Course, 1-1/4 Inch Minus
350
TON
50.00
$17,500.00
40.00
$14,000.00
47.69
$16,691.50
65.00
$22,750.00
H
1095 * HMA Class 1/2", PG 58V-22
620
TON
160.00
$99,200.00
160.00
$99,200.00
159.39
$98,821.80
143.00
$88,660.00
1105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
m
1115 Rubblize and Compact Asphalt Concrete Pavement
650
SY
9.50
$6,175.00
7.00
$4,550.00
13.55
$8,807.50
10.00
$6,500.00
N
1120 * Speed Cushion
2
EA
2,775.00
$5,550.00
5,000.00
$10,000.00
5,608.32
$11,216.64
8,500.00
$17,000.00
1122 Raised Crosswalk
1
EA
8,750.00
$8,750.00
5,000.00
$5,000.00
5,726.39
$5,726.39
9,500.00
$9,500.00
1140 * Cement Concrete Driveway, 8 Inch Depth, Reinforced
380
SY
128.00
$48,640.00
120.00
$45,600.00
113.09
$42,974.20
110.00
$41,800.00
-0
1142 Remove and Replace Cement Concrete Splashpad, 8 Inch
1
EA
4,800.00
$4,800.00
500.00
$500.00
861.06
$861.06
975.00
$975.00
In
Death, Reinforced
1145 * Cement Concrete Sidewalk
880
SY
72.00
$63,360.00
80.00
$70,400.00
62.56
$55,052.80
79.00
$69,520.00
N
1170 Cement Concrete Sidewalk Ramp Type Combination
1
EA
3,275.00
$3,275.00
3,000.00
$3,000.00
2,619.87
$2,619.87
2,150.00
$2,150.00
y
3
1175 Cement Concrete Sidewalk Ramp Type Single Direction A
2
EA
3,000.00
$6,000.00
2,800.00
$5,600.00
2,218.86
$4,437.72
1,800.00
$3,600.00
IY
1205 * Cement Concrete Curb and Gutter
1,300
LF
36.25
$47,125.00
32.00
$41,600.00
35.41
$46,033.00
46.00
$59,800.00
06
1211 Cement Concrete Parking Wheel Stop
85
EA
220.00
$18,700.00
215.00
$18,275.00
224.33
$19,068.05
190.00
$16,150.00
1212 Pedestrian Curb
80
LF
18.50
$1,480.00
32.00
$2,560.00
27.96
$2,236.80
24.00
$1,920.00
1215 * Remove and Replace Existing Wall
10
LF
50.00
$500.00
100.00
$1,000.00
434.33
$4,343.30
42.00
$420.00
N
1221 * Replace Existing Catch Basin Frame and Grate and Adjust
1
EA
1,350.00
$1,350.00
750.00
$750.00
1,029.90
$1,029.90
1,100.00
$1,100.00
to Finished Grade
a>
1225 Replace Existing Manhole Circular Frame and Cover and
3
EA
950.00
$2,850.00
900.00
$2,700.00
1,266.83
$3,800.49
1,335.00
$4,005.00
E
Adiust to Finished Grade
1229 Replace Existing Manhole Rectangular Frame and Cover
2
EA
1,050.00
$2,100.00
900.00
$1,800.00
1,032.13
$2,064.26
1,225.00
$2,450.00
R
with Circular Frame and Cover and Adjust to Finished
Q
Grade
1230 * Replace Existing Valve Box Top Section and Lid
2
EA
630.00
$1,260.00
350.00
$700.00
880.44
$1,760.88
600.00
$1,200.00
1232 Adjust Existing Catch Basin Grate to Finished Grade
2
EA
545.00
$1,090.00
350.00
$700.00
748.05
$1,496.10
675.00
$1,350.00
1280 * Relocate Existing Sign
5
EA
340.00
$1,700.00
450.00
$2,250.00
293.31
$1,466.55
520.00
$2,600.00
1290 Relocate and Clean Existing Sign
1
EA
181.00
$181.00
450.00
$450.00
677.20
$677.20
520.00
311
Packet Pg.
10.A.a
S. 240th Street and Russell Road
1
2
3
4
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Active Construction Inc.
Reed Trucking & Excavating, Inc.
Fury Site Works, Inc.
Pacific Civil & Infrastructure
C
PO Box 430
2207 Inter Avenue, Suite A
PO Box 2118
5124 180th Street E.
C
Disclaimer: These preliminary bid results are provided as a convenience
to
Puyallup, WA 98371
Puyallup, WA 98372
North Bend, WA 98045
Tacoma, WA 98446
contractors for informational purposes only and do not identify lowest
p
responsible bidder. Bid review by staff and final award pending.
Q
U)
TOTAL
$1,943,943.00
$2,124,361.00
$2,128,143.89
$2,162,041.50
C
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
a
1292 * Permanent Signing on Existing Post
25
SF
80.00
$2,000.00
50.00
$1,250.00
118.07
$2,951.75
115.00
$2,875.00
IY
1295 * Permanent Signing Including Post and Foundation
55
SF
73.00
$4,015.00
80.00
$4,400.00
147.59
$8,117.45
126.00
$6,930.00
-
1297 * Pothole Utilities
10
EA
300.00
$3,000.00
300.00
$3,000.00
534.19
$5,341.90
880.00
$8,800.00
to
1300 *Remove Existing Water Service
2
EA
2,225.00
$4,450.00
800.00
$1,600.00
1,082.26
$2,164.52
175.00
$350.00
1310 Service Connection 1-1/2 Inch Diameter
1
EA
1,750.00
$1,750.00
1,700.00
$1,700.00
4,400.20
$4,400.20
2,175.00
$2,175.00
1315 * Service Connection 2 Inch Diameter
1
EA
2,150.00
$2,150.00
2,000.00
$2,000.00
2,807.98
$2,807.98
3,545.00
$3,545.00
1325 1-1/2 Inch Meter Setter
1
EA
1,950.00
$1,950.00
2,000.00
$2,000.00
1,344.74
$1,344.74
1,940.00
$1,940.00
fC
1330 * 2 Inch Meter Setter
1
EA
2,175.00
$2,175.00
2,500.00
$2,500.00
1,575.81
$1,575.81
2,150.00
$2,150.00
1340 * Meter Box for 1-1/2 to 2 Inch Diameter Service
2
EA
1,200.00
$2,400.00
1,200.00
$2,400.00
879.41
$1,758.82
745.00
$1,490.00
t
1400 * Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 50
430
LF
106.50
$45,795.00
80.00
$34,400.00
140.38
$60,363.40
93.00
$39,990.00
1401 * Ductile Iron Storm Sewer Pipe, 8 Inch Diameter Class 50
85
LF
70.75
$6,013.75
60.00
$5,100.00
110.84
$9,421.40
65.00
$5,525.00
cV
1405 Remove Existing Catch Basin or Manhole
1
EA
625.00
$625.00
600.00
$600.00
1,654.19
$1,654.19
300.00
$300.00
N
1407 * Remove Existing Storm Sewer Pipe or Culvert
280
LF
84.00
$23,520.00
20.00
$5,600.00
23.59
$6,605.20
19.00
$5,320.00
1410 * Catch Basin, Type 1
9
EA
1,600.00
$14,400.00
1,700.00
$15,300.00
2,745.44
$24,708.96
1,735.00
$15,615.00
M
1425 * Vaned Catch Basin Frame and Grate
9
EA
700.00
$6,300.00
400.00
$3,600.00
700.15
$6,301.35
730.00
$6,570.00
Cl)
1430 * Catch Basin Rectangular Frame and Solid Cover
2
EA
700.00
$1,400.00
400.00
$800.00
700.49
$1,400.98
1,085.00
$2,170.00
..
1440 * Pipe Zone Bedding
180
TON
40.00
$7,200.00
35.00
$6,300.00
29.52
$5,313.60
41.00
$7,380.00
1445 * Bank Run Gravel for Trench Backfill
350
TON
33.75
$11,812.50
35.00
$12,250.00
29.52
$10,332.00
38.00
$13,300.00
1455 * Foundation Material, Class I and II
50
TON
39.00
$1,950.00
50.00
$2,500.00
29.52
$1,476.00
51.00
$2,550.00
1505 * Traffic Control Labor
1,250
HR
74.00
$92,500.00
70.00
1.00
$1,250.00
64.70
$80,875.00
100$87,500.00
1510 * Traffic Control Supervisor
450
HR
74.00
$33,300.00
80.00
$36,000.00
70.65
$31,792.50
68.60
$30,870.00
1520 Temporary Traffic Control Devices
1
LS
6,450.00
$6,450.00
25,000.00
$25,000.00
3,069.81
$3,069.81
2,500.00
$2,500.00
3
1530 * Portable Changeable Message Sign (PCMS)
80
DAY
125.00
$10,000.00
100.00
$8,000.00
147.59
$11,807.20
50.00
$4,000.00
(D
1540 * Construction Signs Class A
300
SF
21.00
$6,300.00
25.00
$7,500.00
11.81
$3,543.00
50.00
$15,000.00
2
1545 * Temporary Pavement Marking - Short Duration
1,000
LF
0.25
$250.00
1.00
$1,000.00
1.50
$1,500.00
2.00
$2,000.00
U)
1595 Plastic Bike Dashed Lane Line
170
LF
23.00
$3,910.00
25.00
$4,250.00
23.61
$4,013.70
20.00
$3,400.00
m
1600 Plastic Bike Lane Line
1,400
LF
7.00
$9,800.00
7.00
$9,800.00
7.08
$9,912.00
6.00
$8,400.00
N
1615 Plastic Crosswalk Line
100
SF
18.00
$1,800.00
22.00
$2,200.00
17.71
$1,771.00
15.50
$1,550.00
1625 * Plastic Stop Line (24 Inch Wide)
60
LF
34.75
$2,085.00
40.00
$2,400.00
35.42
$2,125.20
30.00
$1,800.00
od
1630 Plastic Bicycle Lane Symbol with Arrow
5
EA
750.00
$3,750.00
725.00
$3,625.00
767.45
$3,837.25
650.00
$3,250.00
1800 * Inlet Protection
14
EA
85.00
$1,190.00
100.00
$1,400.00
153.34
$2,146.76
70.00
$980.00
+�
1810 * ESC Lead
80
HR
1.00
$80.00
25.00
$2,000.00
82.44
$6,595.20
10.00
$800.00
N
1815 * Street Cleaning
50
HR
160.00
$8,000.00
150.00
$7,500.00
177.10
$8,855.00
175.00
$8,750.00
1817 Plant Selection, Archtostaphylus uva ursi, 1 Gal
60
EA
15.00
$900.00
30.00
$1,800.00
29.52
$1,771.20
23.20
$1,392.00
1819 Plant Selection, Cornus sanguinea 'Anny's Winter Orange,'
50
EA
56.50
$2,825.00
115.00
$5,750.00
70.84
$3,542.00
94.50
$4,725.00
E
3 Gal
t
1820 Plant Selection, Dechampsia cespitosa, 1 Gal
130
EA
15.00
$1,950.00
28.00
$3,640.00
35.42
$4,604.60
21.00
$2,730.00
v
1821 Plant Selection, Fothergilla gardenii, 3 Gal
15
EA
48.50
$727.50
100.00
$1,500.00
70.84
$1,062.60
79.00
$1,185.00
1822 Plant Selection, Geranium x 'Rozanne,' 1 Gal
10
EA
21.00
$210.00
32.00
$320.00
30.70
$307.00
25.00
$250.00
Q
1823 Plant Selection, Rubus calycinoides, 1 Gal
100
EA
16.50
$1,650.00
30.00
$3,000.00
29.52
$2,952.00
22.00
$2,200.00
1825 Plant Selection, Quercus Rubra (Red Oak Tree), B&B, 2"
1
EA
500.00
$500.00
1,300.00
$1,300.00
826.49
$826.49
1,090.00
$1,090.00
caliper
1827 Landscape Restoration
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
3172
Packet Pg.
10.A.a
S. 240th Street and Russell Road
1
2
3
4
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Active Construction Inc.
Reed Trucking & Excavating, Inc.
Fury Site Works, Inc.
Pacific Civil & Infrastructure
C
PO Box 430
2207 Inter Avenue, Suite A
PO Box 2118
5124 180th Street E.
C
Disclaimer: These preliminary bid results are provided as a convenience
to
Puyallup, WA 98371
Puyallup, WA 98372
North Bend, WA 98045
Tacoma, WA 98446
contractors for informational purposes only and do not identify lowest
0
responsible bidder. Bid review by staff and final award pending.
Q
U)
TOTAL
$1,943,943.00
$2,124,361.00
$2,128,143.89
$2,162,041.50
C
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
a
1830 * Seeding, Fertilizing, and Mulching
0.25
AC
10,775.00
$2,693.75
15,000.00
$3,750.00
12,857.80
$3,214.45
12,120.00
$3,030.00
1835 * Topsoil Type A
50
CY
54.00
$2,700.00
80.00
$4,000.00
70.84
$3,542.00
70.50
$3,525.00
-
1837 Topsoil Type B
150
CY
55.00
$8,250.00
30.00
$4,500.00
59.03
$8,854.50
5.00
$750.00
to
1840 *Wood Chip Mulch
50
CY
58.00
$2,900.00
80.00
$4,000.00
64.94
$3,247.00
71.00
$3,550.00
1842 Existing Irrigation Systems Repair and/or Relocation
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
1850 Erosion/Water Pollution Control
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
13
1855 SPCC Plan
1
LS
150.00
$150.00
500.00
$500.00
295.17
$295.17
2,500.00
$2,500.00
R
1880 Project Sign
1
EA
950.00
$950.00
1,200.00
$1,200.00
531.31
$531.31
2,100.00
$2,100.00
t
SCHEDULE I TOTAL
$911,565.25
$921,420.00
$900,744.83
$956,777.00
CV
SCHEDULE II: RUSSELL ROAD - HOGAN TO MEEKER SIDEWALK
N
2000 Mobilization
1
LS
2,500.00
$2,500.00
80,000.00
$80,000.00
120,983.95
$120,983.95
92,000.00
$92,000.00
2005 Clearing and Grubbing
1
LS
6,650.00
$6,650.00
5,000.00
$5,000.00
17,710.47
$17,710.47
15,000.00
$15,000.00
0000
2010 * Remove Existing Asphalt Concrete Pavement
1,500
SY
17.00
$25,500.00
12.00
$18,000.00
12.78
$19,170.00
18.00
$27,000.00
M
2025 * Remove Cement Concrete Curb and Gutter
125
LF
11.50
$1,437.50
10.00
$1,250.00
9.68
$1,210.00
14.00
$1,750.00
..
2040 Removal of Raised Pavement Markers and Painted and/or
1
LS
5,200.00
$5,200.00
2,000.00
$2,000.00
5,313.14
$5,313.14
4,500.00
$4,500.00
Thermoolastic Traffic Markinas
2050 * Saw Cut Existing Asphalt Concrete Pavement
1,100
LF
4.25
$4,675.00
6.00
$6,600.00
4.72
$5,192.00
3.00
$3,300.00
2055 * Saw Cut Existing Cement Concrete Pavement
50
LF
5.00
$250.00
10.00
$500.00
13.19
$659.50
10.00
$500.00
m
2060 * Roadway Excavation Incl. Haul
200
CY
51.00
$10,200.00
70.00
$14,000.00
58.47
$11,694.00
85.00
$17,000.00
2065 * Unsuitable Foundation Excavation Incl. Haul
50
CY
61.00
$3,050.00
50.00
$2,500.00
45.43
$2,271.50
85.00
$4,250.00
2075 * Gravel Borrow, Including Haul and Compaction
420
TON
60.00
$25,200.00
35.00
$14,700.00
59.82
$25,124.40
40.00
$16,800.00
2080 * Crushed Surfacing Top Course, 5/8 Inch Minus
450
TON
50.00
$22,500.00
60.00
$27,000.00
47.68
$21,456.00
65.00
$29,250.00
-a
2086 * Crushed Surfacing Base Course, 1-1/4 Inch Minus
380
TON
50.00
$19,000.00
40.00
$15,200.00
47.69
$18,122.20
65.00
$24,700.00
In
2095 * HMA Class 1/2", PG 58V-22
290
TON
160.00
$46,400.00
160.00
$46,400.00
159.39
$46,223.10
143.00
$41,470.00
2105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
N
2120 * Speed Cushion
1
EA
2,775.00
$2,775.00
5,000.00
$5,000.00
5,608.32
$5,608.32
8,500.00
$8,500.00
7
2140 * Cement Concrete Driveway, 8 Inch Depth, Reinforced
450
SY
128.00
$57,600.00
120.00
$54,000.00
113.09
$50,890.50
110.00
$49,500.00
2145 * Cement Concrete Sidewalk
500
SY
72.00
$36,000.00
80.00
$40,000.00
62.56
$31,280.00
79.00
$39,500.00
06
2205 * Cement Concrete Curb and Gutter
410
LF
36.25
$14,862.50
32.00
$13,120.00
35.41
$14,518.10
46.00
$18,860.00
2210 Cement Concrete Extruded Curb
200
LF
29.50
$5,900.00
32.00
$6,400.00
30.11
$6,022.00
25.50
$5,100.00
2215 * Remove and Replace Existing Wall
10
LF
50.00
$500.00
100.00
$1,000.00
434.33
$4,343.30
42.00
$420.00
N
2221 * Replace Existing Catch Basin Frame and Grate and Adjust
2
EA
1,350.00
$2,700.00
750.00
$1,500.00
1,029.90
$2,059.80
1,100.00
$2,200.00
to Finished Grade
2230 Raise and Replace Existing Valve Box Top Section and Lid
4
EA
630.00
$2,520.00
350.00
$1,400.00
880.44
$3,521.76
600.00
$2,400.00
t
2235 Adjust Existing Meter Box to Finished Grade
1
EA
545.00
$545.00
350.00
$350.00
659.49
$659.49
464.00
$464.00cc
c)
2290 * Relocate Existing Sign
4
EA
340.00
$1,360.00
450.00
$1,800.00
293.31
$1,173.24
520.00
$2,080.00
2292 * Permanent Signing on Existing Post
10
SF
80.00
$800.00
50.00
$500.00
118.07
$1,180.70
115.00
$1,150.00
Q
2295 * Permanent Signing Including Post and Foundation
13
SF
73.00
$949.00
80.00
$1,040.00
147.59
$1,918.67
126.00
$1,638.00
2297 * Pothole Utilities
15
EA
300.00
$4,500.00
300.00
$4,500.00
534.19
$8,012.85
880.00
$13,200.00
2300 * Remove Existing Water Service
2
EA
2,225.00
$4,450.00
800.00
$1,600.00
1,082.26
$2,164.52
225.00
$450.00
2305 Service Connection 3/4 Inch Diameter
1
EA
1,445.00
$1,445.00
1,500.00
$1,500.00
2,099.56
$2,099.56
1,790.00
313
Packet Pg.
10.A.a
S. 240th Street and Russell Road
1
2
3
4
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Active Construction Inc.
Reed Trucking & Excavating, Inc.
Fury Site Works, Inc.
Pacific Civil & Infrastructure
C
PO Box 430
2207 Inter Avenue, Suite A
PO Box 2118
5124 180th Street E.
C
Disclaimer: These preliminary bid results are provided as a convenience
to
Puyallup, WA 98371
Puyallup, WA 98372
North Bend, WA 98045
Tacoma, WA 98446
contractors for informational purposes only and do not identify lowest
0
responsible bidder. Bid review by staff and final award pending.
Q
U)
TOTAL
$1,943,943.00
$2,124,361.00
$2,128,143.89
$2,162,041.50
C
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
a
2315 * Service Connection 2 Inch Diameter
1
EA
2,150.00
$2,150.00
2,000.00
$2,000.00
2,807.98
$2,807.98
3,545.00
$3,545.00
2320 3/4Inch Meter Setter
1
EA
635.00
$635.00
1,300.00
$1,300.00
390.39
$390.39
1,045.00
$1,045.00
-
2330 * 2 Inch Meter Setter
1
EA
2,175.00
$2,175.00
2,500.00
$2,500.00
1,575.81
$1,575.81
2,150.00
$2,150.00
to
2335 Meter Box for 3/4 Inch Diameter Service
1
EA
650.00
$650.00
1,200.00
$1,200.00
416.79
$416.79
390.00
$390.00
U)3
2340 * Meter Box for 1-1/2 to 2 Inch Diameter Service
1
EA
1,200.00
$1,200.00
1,200.00
$1,200.00
879.41
$879.41
745.00
$745.00
2348 Remove Existing Hydrant Assembly
1
EA
1,200.00
$1,200.00
2,000.00
$2,000.00
1,792.58
$1,792.58
3,520.00
$3,520.00
2350 Hydrant Assembly
1
EA
15,700.00
$15,700.00
12,000.00
$12,000.00
13,670.41
$13,670.41
15,280.00
$15,280.00
R
2400 * Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 50
425
LF
106.50
$45,262.50
80.00
$34,000.00
140.38
$59,661.50
93.00
$39,525.00
2401 * Ductile Iron Storm Sewer Pipe, 8 Inch Diameter Class 50
155
LF
70.75
$10,966.25
60.00
$9,300.00
110.84
$17,180.20
65.00
$10,075.00
t
2402 Storm Sewer Pipe, 12 Inch Diameter
160
LF
67.00
$10,720.00
75.00
$12,000.00
119.07
$19,051.20
114.00
$18,240.00
2405 Abandon Existing Storm Sewer Pipe
4
EA
1,120.00
$4,480.00
500.00
$2,000.00
1,509.22
$6,036.88
130.00
$520.00
cV
2406 Abandon and Fill Existing Storm Sewer Pipe
32
LF
95.00
$3,040.00
75.00
$2,400.00
67.64
$2,164.48
71.00
$2,272.00
N
2407 * Remove Existing Storm Sewer Pipe or Culvert
15
LF
84.00
$1,260.00
20.00
$300.00
23.59
$353.85
19.00
$285.00
2410 * Catch Basin, Type 1
10
EA
1,600.00
$16,000.00
1,700.00
$17,000.00
2,745.44
$27,454.40
1,735.00
$17,350.00
0000
2415 Catch Basin, Type 2, 48 Inch Diameter
1
EA
4,000.00
$4,000.00
3,800.00
$3,800.00
5,852.80
$5,852.80
4,250.00
$4,250.00
Cl)
2420 Bi-Directional Vaned Catch Basin Frame and Grate
4
EA
700.00
$2,800.00
400.00
$1,600.00
452.85
$1,811.40
1,145.00
$4,580.00
..
2425 * Vaned Catch Basin Frame and Grate
2
EA
700.00
$1,400.00
400.00
$800.00
700.15
$1,400.30
730.00
$1,460.00
tC
2430 * Catch Basin Rectangular Frame and Solid Cover
3
EA
700.00
$2,100.00
400.00
$1,200.00
700.49
$2,101.47
1,085.00
$3,255.00
2435 Manhole Circular Frame and Cover
2
EA
800.00
$1,600.00
500.00
$1,000.00
637.15
$1,274.30
1,400.00
$2,800.00
2440 Shoring or Extra Excavation Class B
1,200
SF
0.10
$120.00
2.00
$2,400.00
2.58
$3,096.00
5.00
$6,000.00
m
2445 * Pipe Zone Bedding
320
TON
40.00
$12,800.00
35.00
$11,200.00
29.52
$9,446.40
41.00
$13,120.00
2450 * Bank Run Gravel for Trench Backfill
450
TON
33.75
$15,187.50
35.00
$15,750.00
29.52
$13,284.00
38.00
$17,100.00
3
2455 *Foundation Material, Class I and II
50
TON
39.00
$1,950.00
50.00
$2,500.00
29.52
$1,476.00
51.00
$2,550.00
(D
2500 Uniformed Off -Duty Police Officer
100
HR
95.00
$9,500.00
125.00
$12,500.00
147.59
$14,759.00
125.00
$12,500.00
2
2505 * Traffic Control Labor
1,450
HR
74.00
$107,300.00
70.00
$101,500.00
1.00
$1,450.00
64.70
$93,815.00
U)
2510 * Traffic Control Supervisor
500
HR
74.00
$37,000.00
80.00
$40,000.00
70.65
$35,325.00
68.60
$34,300.00
a)
2520 Temporary Traffic Control Devices
1
LS
7,600.00
$7,600.00
15,000.00
$15,000.00
2,951.75
$2,951.75
2,500.00
$2,500.00
N
2530 * Portable Changeable Message Sign (PCMS)
80
DAY
125.00
$10,000.00
100.00
$8,000.00
147.59
$11,807.20
50.00
$4,000.00
2540 * Construction Signs Class A
500
SF
21.00
$10,500.00
25.00
$12,500.00
11.81
$5,905.00
50.00
$25,000.00
06
2545 * Temporary Pavement Marking - Short Duration
1,800
LF
0.25
$450.00
1.00
$1,800.00
1.50
$2,700.00
0.24
$432.00
2580 Raised Pavement Marker Type 2
0.5
HUND
2,600.00
$1,300.00
2,500.00
$1,250.00
2,656.58
$1,328.29
2,250.00
$1,125.00
c
2585 * Parking Paint Stripe
100
LF
2.25
$225.00
2.50
$250.00
2.36
$236.00
2.00
$200.00
N
2600 Profiled Plastic Wide Line
80
LF
28.50
$2,280.00
32.00
$2,560.00
28.93
$2,314.40
24.50
$1,960.00
2625 * Plastic Stop Line (24 Inch Wide)
25
LF
34.75
$868.75
40.00
$1,000.00
35.42
$885.50
30.00
$750.00
2630 Painted Traffic Letter
1
EA
875.00
$875.00
900.00
$900.00
885.52
$885.52
750.00
$750.00
E
2640 Plastic Traffic Arrow
2
EA
985.00
$1,970.00
1,000.00
$2,000.00
1,003.60
$2,007.20
850.00
$1,700.00
v
2660 * Painting Curb
115
LF
1.75
$201.25
2.00
$230.00
1.77
$203.55
1.50
$172.50
R
2670 Profiled Plastic Double Yellow Centerline
690
LF
17.50
$12,075.00
20.00
$13,800.00
17.71
$12,219.90
15.00
$10,350.00
Q
2680 Single Solid Plastic Edge Line
550
LF
7.50
$4,125.00
80.00
$44,000.00
7.67
$4,218.50
6.50
$3,575.00
2700 Pedestrian Lighting
4
EA
10,800.00
$43,200.00
13,000.00
$52,000.00
12,963.61
$51,854.44
12,500.00
$50,000.00
2710 6 Foot Diameter Traffic Loop
2
EA
3,050.00
$6,100.00
3,000.00
$6,000.00
2,702.48
$5,404.96
2,700.00
$5,400.00
2730 Junction Box, Type 1
4
EA
1,225.00
$4,900.00
1,500.00
$6,000.00
2,360.24
$9,440.96
1,100.00
$4,400.00
314
2732 Junction Box, Type 2 1 EA
2,275.00 $2,275.00
2,400.00 $2,400.00
2,914.90 $2,914.90
1,800.00 Packet Pg.
10.A.a
S. 240th Street and Russell Road
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
1
Active Construction Inc.
PO Box 430
Puyallup, WA 98371
$1,943,943.00
2
Reed Trucking & Excavating, Inc.
2207 Inter Avenue, Suite A
Puyallup, WA 98372
$2,124,361.00
3
Fury Site Works, Inc.
PO Box 2118
North Bend, WA 98045
$2,128,143.89
4
Pacific Civil & Infrastructure
5124 180th Street E.
Tacoma, WA 98446
$2,162,041.50
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
2740 Supply and Install 2 Inch Diameter Schedule 80 PVC
1,400
LF
17.75
$24,850.00
25.00
$35,000.00
26.32
$36,848.00
15.40
$21,560.00
Conduit
2750 Illumination Wire - 6/3 BLACK STRANDED AL ERSKINE
630
LF
5.75
$3,622.50
7.00
$4,410.00
15.34
$9,664.20
5.00
$3,150.00
URD TRIPLEX CABLE
2760 Sand for Conduit Bedding
50
TON
46.00
$2,300.00
100.00
$5,000.00
56.76
$2,838.00
40.00
$2,000.00
2800 * Inlet Protection
5
EA
85.00
$425.00
100.00
$500.00
153.34
$766.70
70.00
$350.00
2810 * ESC Lead
100
HR
1.00
$100.00
25.00
$2,500.00
82.44
$8,244.00
10.00
$1,000.00
2815 * Street Cleaning
80
HR
160.00
$12,800.00
150.00
$12,000.00
177.10
$14,168.00
175.00
$14,000.00
2820 Street Tree Frame and Grate, Planting and Staking
6
EA
520.00
$3,120.00
3,200.00
$19,200.00
6,090.70
$36,544.20
2,760.00
$16,560.00
2822 Street Tree (No Grate), Planting and Staking
1
EA
150.00
$150.00
1,500.00
$1,500.00
2,125.26
$2,125.26
1,235.00
$1,235.00
2827 Landscape Restoration
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
2830 * Seeding, Fertilizing, and Mulching
0.10
AC
10,775.00
$1,077.50
15,000.00
$1,500.00
12,857.80
$1,285.78
12,120.00
$1,212.00
2835 * Topsoil Type A
100
CY
54.00
$5,400.00
80.00
$8,000.00
70.84
$7,084.00
70.50
$7,050.00
2840 * Wood Chip Mulch
20
CY
58.00
$1,160.00
80.00
$1,600.00
64.94
$1,298.80
71.00
$1,420.00
2845 Existing Irrigation Systems Repair and/or Relocation
1
FA
1,000.00
$1,000.00
1,000.00
$1,000.00
1,000.00
$1,000.00
1,000.00
$1,000.00
2850 Erosion/Water Pollution Control
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
2855 SPCC Plan
1
LS
520.00
$520.00
500.00
$500.00
295.17
$295.17
1,600.00
$1,600.00
SCHEDULE II TOTAL
$811,135.25
$947,710.00
$939,735.80
$946,695.50
SCHEDULE III: HOGAN PARK OVERLAY - NON -ELIGIBLE
3000 Mobilization
1
LS
9,000.00
$9,000.00
20,000.00
$20,000.00
30,032.21
$30,032.21
25,000.00
$25,000.00
3010 * Remove Existing Asphalt Concrete Pavement
130
SY
17.00
$2,210.00
12.00
$1,560.00
12.78
$1,661.40
18.00
$2,340.00
3060 * Roadway Excavation Incl. Haul
50
CY
51.00
$2,550.00
70.00
$3,500.00
58.47
$2,923.50
85.00
$4,250.00
3065 * Unsuitable Foundation Excavation Incl. Haul
10
CY
61.00
$610.00
50.00
$500.00
45.43
$454.30
85.00
$850.00
3075 * Gravel Borrow, Including Haul and Compaction
50
TON
60.00
$3,000.00
35.00
$1,750.00
59.82
$2,991.00
40.00
$2,000.00
3080 * Crushed Surfacing Top Course, 5/8 Inch Minus
50
TON
50.00
$2,500.00
60.00
$3,000.00
47.68
$2,384.00
65.00
$3,250.00
3095 HMA Class 1/2", PG 58V-22 for Full Width Overlay
1,100
TON
125.00
$137,500.00
140.00
$154,000.00
159.39
$175,329.00
143.00
$157,300.00
3105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
3110 * Planing Bituminous Pavement
1,000
SY
10.50
$10,500.00
10.00
$10,000.00
13.21
$13,210.00
9.00
$9,000.00
3115 Asphalt Interlay Fabric
2,050
SY
6.00
$12,300.00
10.00
$20,500.00
11.52
$23,616.00
9.00
$18,450.00
3120 PG Tack for Pavement Reinforcement
410
GAL
1.25
$512.50
2.00
$820.00
2.36
$967.60
1.50
$615.00
3505 * Traffic Control Labor
100
HR
74.00
$7,400.00
70.00
$7,000.00
1.00
$100.00
64.70
$6,470.00
3510 * Traffic Control Supervisor
40
HR
74.00
$2,960.00
80.00
$3,200.00
70.65
$2,826.00
68.60
$2,744.00
3520 Temporary Traffic Control Devices
1
LS
2,400.00
$2,400.00
1.00
$1.00
2,951.75
$2,951.75
100.00
$100.00
3585 * Parking Paint Stripe
3,200
LF
2.25
$7,200.00
2.50
$8,000.00
2.36
$7,552.00
2.00
$6,400.00
3655 Handicap Parking Symbol
5
EA
175.00
$875.00
200.00
$1,000.00
177.10
$885.50
150.00
$750.00
3660 * Painting Curb
2,700
LF
1.75
$4,725.00
2.00
$5,400.00
1.77
$4,779.00
1.50
$4,050.00
3850 Erosion/Water Pollution Control
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
SCHEDULE III TOTAL
$221,242.50
$255,231.00
$287,663.26
$258,569.00
M
0
0
M
M
H
m
N
R
3
aD
07
a)
N
7
06
t
0
N
C
E
t
c,>
R
a
Packet Pg. 315
10.A.a
S. 240th Street and Russell Road
1
2
3
4
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Active Construction Inc.
Reed Trucking & Excavating, Inc.
Fury Site Works, Inc.
Pacific Civil & Infrastructure
PO Box 430
2207 Inter Avenue, Suite A
PO Box 2118
5124 180th Street E.
Disclaimer: These preliminary bid results are provided as a convenience to
Puyallup, WA 98371
Puyallup, WA 98372
North Bend, WA 98045
Tacoma, WA 98446
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
$1,943,943.00
$2,124, 361.00
$2,128,143.89
$2,162,041.50
ITEM DESCRIPTION QTY UNIT
UNIT
TOTAL
UNIT TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
SUMMARY:
SCHEDULE I TOTAL
$911,565.25
$921,420.00
$900,744.83
$956,777.00
SCHEDULE II TOTAL
$811,135.25
$947,710.00
$939,735.80
$946,695.50
SCHEDULE III TOTAL
$221,242.50
$255,231.00
$287,663.26
$258,569.00
CONSTRUCTION CONTRACT TOTAL
$1,943,943.00
$2,124,361.00
$2,128,143.89
$2,162,041.50
r+
Q
Packet Pg. 316
10.A.a
S. 240th Street and Russell Road
5
6
7
8
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Tucci & Sons, Inc.
Rodarte Construction, Inc.
Marshbank Construction, Inc.
Northwest Cascade, Inc.
C
4224 Waller Road
17 East Valley Highway E.
PO Box 97
PO Box 73399
O
Disclaimer: These preliminary bid results are provided as a convenience
to
Tacoma, WA 98443-1623
Auburn, WA 98092
Lake Stevens, WA 98258
Puyallup, WA 98373
M
contractors for informational purposes only and do not identify lowest
O
responsible bidder. Bid review by staff and final award pending.
rL
TOTAL
$2,164,147.00
$2,231,593.75
$2,322,888.75
$2,338,196.00
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
I
.a
SCHEDULE I: 240TH AND HOGAN PARK
-
1000 Mobilization
1
LS
43,500.00
$43,500.00
144,000.00
$144,000.00
124,000.00
$124,000.00
135,000.00
$135,000.00
%!
1005 Clearing and Grubbing
1
LS
6,250.00
$6,250.00
9,000.00
$9,000.00
19,000.00
$19,000.00
64,000.00
$64,000.00
1010 * Remove Existing Asphalt Concrete Pavement
1,600
SY
7.50
$12,000.00
11.00
$17,600.00
16.00
$25,600.00
11.00
$17,600.00
1020 Remove Cement Concrete Sidewalk
70
SY
76.00
$5,320.00
18.00
$1,260.00
23.00
$1,610.00
17.50
$1,225.00
'0
1025 * Remove Cement Concrete Curb and Gutter
1,000
LF
19.50
$19,500.00
20.00
$20,000.00
9.00
$9,000.00
4.50
$4,500.00
R
1030 Remove Cement Concrete Extruded Curb
50
LF
26.50
$1,325.00
15.00
$750.00
22.00
$1,100.00
7.50
$375.00
(J)
1040 Removal of Raised Pavement Markers and Painted and/or
1
LS
2,000.00
$2,000.00
2,000.00
$2,000.00
1,800.00
$1,800.00
1,950.00
$1,950.00
t
ThermoDlastic Traffic Markinas
o
1045 Restore Existing Split Rail Fence
80
LF
58.00
$4,640.00
22.00
$1,760.00
36.00
$2,880.00
8.00
$640.00
N
1050 * Saw Cut Existing Asphalt Concrete Pavement
2,600
LF
2.75
$7,150.00
3.50
$9,100.00
3.00
$7,800.00
4.00
$10,400.00
N
1055 * Saw Cut Existing Cement Concrete Pavement
50
LF
16.75
$837.50
8.00
$400.00
3.00
$150.00
8.25
$412.50
1060 * Roadway Excavation Incl. Haul
520
CY
68.60
$35,672.00
65.00
$33,800.00
56.00
$29,120.00
47.00
$24,440.00
00
1065 * Unsuitable Foundation Excavation Incl. Haul
50
CY
111.00
$5,550.00
70.00
$3,500.00
40.00
$2,000.00
52.00
$2,600.00
M
1075 * Gravel Borrow, Including Haul and Compaction
80
TON
62.00
$4,960.00
35.00
$2,800.00
46.00
$3,680.00
40.00
$3,200.00
1080 * Crushed Surfacing Top Course, 5/8 Inch Minus
320
TON
117.00
$37,440.00
45.00
$14,400.00
132.00
$42,240.00
46.00
$14,720.00
1086 * Crushed Surfacing Base Course, 1-1/4 Inch Minus
350
TON
68.00
$23,800.00
45.00
$15,750.00
132.00
$46,200.00
46.00
$16,100.00
t-
1095 * HMA Class 1/2", PG 58V-22
620
TON
141.00
$87,420.00
195.00
$120,900.00
182.50
$113,150.00
170.00
$105,400.00
1105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
m
1115 Rubblize and Compact Asphalt Concrete Pavement
650
SY
2.50
$1,625.00
10.00
$6,500.00
2.25
$1,462.50
7.00
$4,550.00
N
1120 * Speed Cushion
2
EA
6,000.00
$12,000.00
9,000.00
$18,000.00
8,450.00
$16,900.00
9,150.00
$18,300.00
1122 Raised Crosswalk
1
EA
2,000.00
$2,000.00
8,000.00
$8,000.00
9,650.00
$9,650.00
10,500.00
$10,500.00
1140 * Cement Concrete Driveway, 8 Inch Depth, Reinforced
380
SY
100.00
$38,000.00
125.00
$47,500.00
108.00
$41,040.00
131.00
$49,780.00
1142 Remove and Replace Cement Concrete Splashpad, 8 Inch
1
EA
1,000.00
$1,000.00
2,200.00
$2,200.00
7,050.00
$7,050.00
6,400.00
$6,400.00
Depth. Reinforced
1145 *Cement Concrete Sidewalk
880
SY
50.00
$44,000.00
75.00
$66,000.00
56.00
$49,280.00
60.00
$52,800.00
y
1170 Cement Concrete Sidewalk Ramp Type Combination
1
EA
2,000.00
$2,000.00
2,750.00
$2,750.00
2,175.00
$2,175.00
2,700.00
$2,700.00
to
7
1175 Cement Concrete Sidewalk Ramp Type Single Direction A
2
EA
1,800.00
$3,600.00
2,500.00
$5,000.00
2,150.00
$4,300.00
2,500.00
$5,000.00
1205 * Cement Concrete Curb and Gutter
1,300
LF
26.00
$33,800.00
45.00
$58,500.00
27.00
$35,100.00
33.00
$42,900.00
06
1211 Cement Concrete Parking Wheel Stop
85
EA
200.00
$17,000.00
205.00
$17,425.00
207.00
$17,595.00
210.00
$17,850.00
1212 Pedestrian Curb
8o
LF
26.00
$2,080.00
45.00
$3,600.00
17.00
$1,360.00
38.00
$3,040.00
1215 * Remove and Replace Existing Wall
10
LF
431.00
$4,310.00
300.00
$3,000.00
250.00
$2,500.00
175.00
$1,750.00
cV
1221 * Replace Existing Catch Basin Frame and Grate and Adjust
1
EA
1,500.00
$1,500.00
1,000.00
$1,000.00
1,100.00
$1,100.00
985.00
$985.00
to Finished Grade
1225 Replace Existing Manhole Circular Frame and Cover and
3
EA
1,600.00
$4,800.00
1,000.00
$3,000.00
1,200.00
$3,600.00
1,115.00
$3,345.00
E
Adiust to Finished Grade
s
1229 Replace Existing Manhole Rectangular Frame and Cover
2
EA
1,350.00
$2,700.00
1,000.00
$2,000.00
1,200.00
$2,400.00
1,115.00
$2,230.00
with Circular Frame and Cover and Adjust to Finished
Q
Grade
1230 * Replace Existing Valve Box Top Section and Lid
2
EA
1,330.00
$2,660.00
445.00
$890.00
1,000.00
$2,000.00
700.00
$1,400.00
1232 Adjust Existing Catch Basin Grate to Finished Grade
2
EA
800.00
$1,600.00
1,000.00
$2,000.00
1,000.00
$2,000.00
400.00
$800.00
1280 * Relocate Existing Sign
5
EA
750.00
$3,750.00
400.00
$2,000.00
400.00
$2,000.00
850.00
$4,250.00
1290 Relocate and Clean Existing Sign
1
EA
750.00
$750.00
760.00
$760.00
400.00
$400.00
600.00
Packet Pg.
317
10.A.a
S. 240th Street and Russell Road
5
6
7
8
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Tucci & Sons, Inc.
Rodarte Construction, Inc.
Marshbank Construction, Inc.
Northwest Cascade, Inc.
C
4224 Waller Road
17 East Valley Highway E.
PO Box 97
PO Box 73399
C
Disclaimer: These preliminary bid results are provided as a convenience
to
Tacoma, WA 98443-1623
Auburn, WA 98092
Lake Stevens, WA 98258
Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest
p
responsible bidder. Bid review by staff and final award pending.
Q
TOTAL
$2,164,147.00
$2,231,593.75
$2,322,888.75
$2,338,196.00
U)
C
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
a
1292 * Permanent Signing on Existing Post
25
SF
100.00
$2,500.00
40.00
$1,000.00
100.00
$2,500.00
28.00
$700.00
IY
1295 * Permanent Signing Including Post and Foundation
55
SF
120.00
$6,600.00
65.00
$3,575.00
135.00
$7,425.00
100.00
$5,500.00
-
1297 * Pothole Utilities
10
EA
500.00
$5,000.00
800.00
$8,000.00
1,000.00
$10,000.00
600.00
$6,000.00
to
1300 *Remove Existing Water Service
2
EA
500.00
$1,000.00
725.00
$1,450.00
400.00
$800.00
175.00
$350.00
3
1310 Service Connection 1-1/2 Inch Diameter
1
EA
2,500.00
$2,500.00
2,400.00
$2,400.00
3,800.00
$3,800.00
2,000.00
$2,000.00
X
1315 * Service Connection 2 Inch Diameter
1
EA
4,000.00
$4,000.00
4,250.00
$4,250.00
4,200.00
$4,200.00
2,700.00
$2,700.00
3
1325 1-1/2 Inch Meter Setter
1
EA
6,500.00
$6,500.00
2,700.00
$2,700.00
2,100.00
$2,100.00
1,500.00
$1,500.00
fC
1330 * 2 Inch Meter Setter
1
EA
7,000.00
$7,000.00
3,000.00
$3,000.00
2,400.00
$2,400.00
1,800.00
$1,800.00
1340 * Meter Box for 1-1/2 to 2 Inch Diameter Service
2
EA
2,500.00
$5,000.00
1,200.00
$2,400.00
900.00
$1,800.00
1,140.00
$2,280.00
t
1400 * Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 50
430
LF
130.00
$55,900.00
125.00
$53,750.00
164.00
$70,520.00
88.00
$37,840.00
1401 * Ductile Iron Storm Sewer Pipe, 8 Inch Diameter Class 50
85
LF
125.00
$10,625.00
115.00
$9,775.00
165.00
$14,025.00
66.00
$5,610.00
cV
1405 Remove Existing Catch Basin or Manhole
1
EA
625.00
$625.00
225.00
$225.00
500.00
$500.00
555.00
$555.00
fA
1407 * Remove Existing Storm Sewer Pipe or Culvert
280
LF
10.00
$2,800.00
25.00
$7,000.00
20.00
$5,600.00
8.50
$2,380.00
1410 * Catch Basin, Type 1
9
EA
1,600.00
$14,400.00
1,750.00
$15,750.00
1,200.00
$10,800.00
1,625.00
$14,625.00
M
1425 * Vaned Catch Basin Frame and Grate
9
EA
400.00
$3,600.00
400.00
$3,600.00
1,050.00
$9,450.00
725.00
$6,525.00
Cl)
1430 * Catch Basin Rectangular Frame and Solid Cover
2
EA
400.00
$800.00
400.00
$800.00
1,050.00
$2,100.00
725.00
$1,450.00
..
1440 * Pipe Zone Bedding
180
TON
40.00
$7,200.00
45.00
$8,100.00
20.00
$3,600.00
53.00
$9,540.00
1445 * Bank Run Gravel for Trench Backfill
350
TON
35.00
$12,250.00
35.00
$12,250.00
20.00
$7,000.00
45.00
$15,750.00
1455 * Foundation Material, Class I and II
50
TON
37.00
$1,850.00
65.00
$3,250.00
20.00
$1,000.00
73.00
$3,650.00
1505 * Traffic Control Labor
1,250
HR
70.00
$87,500.00
63.00
$78,750.00
60.00
$75,000.00
73.00
$91,250.00
m
1510 * Traffic Control Supervisor
450
HR
120.00
$54,000.00
65.00
$29,250.00
85.00
$38,250.00
78.00
$35,100.00
1520 Temporary Traffic Control Devices
1
LS
8,400.00
$8,400.00
3,000.00
$3,000.00
1,200.00
$1,200.00
9,700.00
$9,700.00
3
1530 * Portable Changeable Message Sign (PCMS)
80
DAY
200.00
$16,000.00
100.00
$8,000.00
80.00
$6,400.00
66.00
$5,280.00
y
1540 * Construction Signs Class A
300
SF
25.00
$7,500.00
45.00
$13,500.00
85.00
$25,500.00
40.00
$12,000.00
2
1545 * Temporary Pavement Marking - Short Duration
1,000
LF
0.20
$200.00
0.25
$250.00
2.00
$2,000.00
0.25
$250.00
to
1595 Plastic Bike Dashed Lane Line
170
LF
23.00
$3,910.00
22.00
$3,740.00
22.00
$3,740.00
22.50
$3,825.00
m
1600 Plastic Bike Lane Line
1,400
LF
6.00
$8,400.00
7.00
$9,800.00
6.55
$9,170.00
6.75
$9,450.00
N
1615 Plastic Crosswalk Line
100
SF
17.00
$1,700.00
18.00
$1,800.00
17.00
$1,700.00
17.50
$1,750.00
1625 * Plastic Stop Line (24 Inch Wide)
60
LF
30.00
$1,800.00
33.00
$1,980.00
33.00
$1,980.00
35.00
$2,100.00
od
1630 Plastic Bicycle Lane Symbol with Arrow
5
EA
500.00
$2,500.00
700.00
$3,500.00
709.00
$3,545.00
730.00
$3,650.00
1800 * Inlet Protection
14
EA
105.00
$1,470.00
80.00
$1,120.00
88.00
$1,232.00
85.00
$1,190.00
+�
1810 * ESC Lead
80
HR
60.00
$4,800.00
50.00
$4,000.00
100.00
$8,000.00
1.00
$80.00
N
1815 * Street Cleaning
50
HR
250.00
$12,500.00
225.00
$11,250.00
250.00
$12,500.00
225.00
$11,250.00
1817 Plant Selection, Archtostaphylus uva ursi, 1 Gal
60
EA
26.00
$1,560.00
28.00
$1,680.00
15.00
$900.00
15.00
$900.00
1819 Plant Selection, Cornus sanguinea 'Anny's Winter Orange,'
50
EA
109.00
$5,450.00
65.00
$3,250.00
54.00
$2,700.00
55.00
$2,750.00
E
3 Gal
t
1820 Plant Selection, Dechampsia cespitosa, 1 Gal
130
EA
24.00
$3,120.00
32.00
$4,160.00
15.00
$1,950.00
15.00
$1,950.00
v
1821 Plant Selection, Fothergilla gardenii, 3 Gal
15
EA
90.00
$1,350.00
65.00
$975.00
46.00
$690.00
47.00
$705.00
1822 Plant Selection, Geranium x 'Rozanne,' 1 Gal
10
EA
28.00
$280.00
28.00
$280.00
20.00
$200.00
20.00
$200.00
Q
1823 Plant Selection, Rubus calycinoides, 1 Gal
100
EA
25.00
$2,500.00
28.00
$2,800.00
16.00
$1,600.00
16.00
$1,600.00
1825 Plant Selection, Quercus Rubra (Red Oak Tree), B&B, 2"
1
EA
1,200.00
$1,200.00
825.00
$825.00
470.00
$470.00
485.00
$485.00
caliper
1827 Landscape Restoration
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
3178
Packet Pg.
10.A.a
S. 240th Street and Russell Road
5
6
7
8
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Tucci & Sons, Inc.
Rodarte Construction,
Inc.
Marshbank Construction, Inc.
Northwest Cascade, Inc.
C
4224 Waller Road
17 East Valley Highway E.
PO Box 97
PO Box 73399
C
Disclaimer: These preliminary bid results are provided as a convenience
to
Tacoma, WA 98443-1623
Auburn, WA 98092
Lake Stevens, WA
98258
Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest
0
responsible bidder. Bid review by staff and final award pending.
Q
TOTAL
$2,164,147.00
$2,231,593.75
$2,322,888.75
$2,338,196.00
U)
C
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
a
1830 * Seeding, Fertilizing, and Mulching
0.25
AC
13,000.00
$3,250.00
12,000.00
$3,000.00
14,000.00
$3,500.00
10,000.00
$2,500.00
1835 * Topsoil Type A
50
CY
80.00
$4,000.00
70.00
$3,500.00
52.00
$2,600.00
55.00
$2,750.00
-
1837 Topsoil Type B
150
CY
90.00
$13,500.00
58.00
$8,700.00
52.00
$7,800.00
69.00
$10,350.00
to
1840 *Wood Chip Mulch
50
CY
75.00
$3,750.00
65.00
$3,250.00
55.00
$2,750.00
58.00
$2,900.00
1842 Existing Irrigation Systems Repair and/or Relocation
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
1850 Erosion/Water Pollution Control
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
1855 SPCC Plan
1
LS
300.00
$300.00
325.00
$325.00
1,000.00
$1,000.00
500.00
$500.00
R
1880 Project Sign
1
EA
2,000.00
$2,000.00
1,000.00
$1,000.00
1,400.00
$1,400.00
1,700.00
$1,700.00
t
SCHEDULE I TOTAL
$914,629.50
$1,029,305.00
$1,043,639.50
$1,003,662.50
CV
SCHEDULE II: RUSSELL ROAD - HOGAN TO MEEKER SIDEWALK
N
2000 Mobilization
1
LS
54,500.00
$54,500.00
80,000.00
$80,000.00
80,000.00
$80,000.00
150,000.00
$150,000.00
2005 Clearing and Grubbing
1
LS
6,000.00
$6,000.00
7,000.00
$7,000.00
18,000.00
$18,000.00
30,000.00
$30,000.00
0000
2010 * Remove Existing Asphalt Concrete Pavement
1,500
SY
7.50
$11,250.00
11.00
$16,500.00
16.00
$24,000.00
11.00
$16,500.00
M
2025 * Remove Cement Concrete Curb and Gutter
125
LF
19.50
$2,437.50
20.00
$2,500.00
9.00
$1,125.00
4.50
$562.50
..
2040 Removal of Raised Pavement Markers and Painted and/or
1
LS
4,500.00
$4,500.00
5,000.00
$5,000.00
1,800.00
$1,800.00
5,075.00
$5,075.00
Thermoolastic Traffic Markinas
2050 * Saw Cut Existing Asphalt Concrete Pavement
1,100
LF
2.75
$3,025.00
3.50
$3,850.00
3.00
$3,300.00
4.00
$4,400.00
2055 * Saw Cut Existing Cement Concrete Pavement
50
LF
16.75
$837.50
8.00
$400.00
3.00
$150.00
8.25
$412.50
m
2060 * Roadway Excavation Incl. Haul
200
CY
68.60
$13,720.00
65.00
$13,000.00
56.00
$11,200.00
47.00
$9,400.00
2065 * Unsuitable Foundation Excavation Incl. Haul
50
CY
111.00
$5,550.00
70.00
$3,500.00
40.00
$2,000.00
52.00
$2,600.00
2075 * Gravel Borrow, Including Haul and Compaction
420
TON
62.00
$26,040.00
35.00
$14,700.00
46.00
$19,320.00
40.00
$16,800.00
2080 * Crushed Surfacing Top Course, 5/8 Inch Minus
450
TON
117.00
$52,650.00
45.00
$20,250.00
132.00
$59,400.00
46.00
$20,700.00
-a
2086 * Crushed Surfacing Base Course, 1-1/4 Inch Minus
380
TON
68.00
$25,840.00
45.00
$17,100.00
132.00
$50,160.00
46.00
$17,480.00
In
2095 * HMA Class 1/2", PG 58V-22
290
TON
141.00
$40f890.00
195.00
$56,550.00
182.50
$52,925.00
170.00
$49,300.00
2105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
N
2120 * Speed Cushion
1
EA
6,000.00
$6,000.00
9,000.00
$9,000.00
8,450.00
$8,450.00
9,150.00
$9,150.00
7
2140 * Cement Concrete Driveway, 8 Inch Depth, Reinforced
450
SY
100.00
$45,000.00
125.00
$56,250.00
108.00
$48,600.00
131.00
$58,950.00
2145 * Cement Concrete Sidewalk
500
SY
50.00
$25,000.00
75.00
$37,500.00
56.00
$28,000.00
60.00
$30,000.00
06
2205 * Cement Concrete Curb and Gutter
410
LF
26.00
$10,660.00
45.00
$18,450.00
27.00
$11,070.00
33.00
$13,530.00
2210 Cement Concrete Extruded Curb
200
LF
25.00
$5,000.00
28.00
$5,600.00
32.00
$6,400.00
29.00
$5,800.00
2215 * Remove and Replace Existing Wall
10
LF
431.00
$4,310.00
300.00
$3,000.00
250.00
$2,500.00
175.00
$1,750.00
N
2221 * Replace Existing Catch Basin Frame and Grate and Adjust
2
EA
1,500.00
$3,000.00
1,000.00
$2,000.00
1,100.00
$2,200.00
985.00
$1,970.00
to Finished Grade
2230 Raise and Replace Existing Valve Box Top Section and Lid
4
EA
1,330.00
$5,320.00
445.00
$1,780.00
1,000.00
$4,000.00
700.00
$2,800.00
t
2235 Adjust Existing Meter Box to Finished Grade
1
EA
2,000.00
$2,000.00
500.00
$500.00
1,000.00
$1,000.00
275.00
$275.00cc
c>
2290 * Relocate Existing Sign
4
EA
750.00
$3,000.00
400.00
$1,600.00
400.00
$1,600.00
850.00
$3,400.00
2292 * Permanent Signing on Existing Post
10
SF
100.00
$1,000.00
40.00
$400.00
100.00
$1,000.00
28.00
$280.00
Q
2295 * Permanent Signing Including Post and Foundation
13
SF
120.00
$1,560.00
65.00
$845.00
135.00
$1,755.00
100.00
$1,300.00
2297 * Pothole Utilities
15
EA
500.00
$7,500.00
800.00
$12,000.00
1,000.00
$15,000.00
600.00
$9,000.00
2300 * Remove Existing Water Service
2
EA
500.00
$1,000.00
725.00
$1,450.00
400.00
$800.00
175.00
$350.00
2305 Service Connection 3/4 Inch Diameter
1
EA
3,800.00
$3,800.00
2,000.00
$2,000.00
3,300.00
$3,300.00
2,000.00
319
Packet Pg.
10.A.a
S. 240th Street and Russell Road
5
6
7
8
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Tucci & Sons, Inc.
Rodarte Construction, Inc.
Marshbank Construction, Inc.
Northwest Cascade, Inc.
C
4224 Waller Road
17 East Valley Highway E.
PO Box 97
PO Box 73399
C
Disclaimer: These preliminary bid results are provided as a convenience
to
Tacoma, WA 98443-1623
Auburn, WA 98092
Lake Stevens, WA 98258
Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest
0
responsible bidder. Bid review by staff and final award pending.
Q
TOTAL
$2,164,147.00
$2,231,593.75
$2,322,888.75
$2,338,196.00
U)
C
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
a
2315 * Service Connection 2 Inch Diameter
1
EA
4,000.00
$4,000.00
4,250.00
$4,250.00
4,200.00
$4,200.00
2,700.00
$2,700.00
2320 3/4Inch Meter Setter
1
EA
5,000.00
$5,000.00
900.00
$900.00
500.00
$500.00
500.00
$500.00
-
2330 * 2 Inch Meter Setter
1
EA
7,000.00
$7,000.00
3,000.00
$3,000.00
2,400.00
$2,400.00
1,800.00
$1,800.00
u
2335 Meter Box for 3/4Inch Diameter Service
1
EA
2,000.00
$2,000.00
800.00
$800.00
800.00
$800.00
965.00
$965.00
y
3
2340 * Meter Box for 1-1/2 to 2 Inch Diameter Service
1
EA
2,500.00
$2,500.00
1,200.00
$1,200.00
900.00
$900.00
1,140.00
$1,140.00
X
2348 Remove Existing Hydrant Assembly
1
EA
1,500.00
$1,500.00
1,800.00
$1,800.00
1,600.00
$1,600.00
525.00
$525.00
13
2350 Hydrant Assembly
1
EA
13,000.00
$13,000.00
16,000.00
$16,000.00
14,000.00
$14,000.00
13,825.00
$13,825.00
R
2400 * Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 50
425
LF
130.00
$55,250.00
125.00
$53,125.00
164.00
$69,700.00
88.00
$37,400.00
2401 * Ductile Iron Storm Sewer Pipe, 8 Inch Diameter Class 50
155
LF
125.00
$19,375.00
115.00
$17,825.00
165.00
$25,575.00
66.00
$10,230.00
t
2402 Storm Sewer Pipe, 12Inch Diameter
160
LF
90.00
$14,400.00
115.00
$18,400.00
100.00
$16,000.00
61.00
$9,760.00
2405 Abandon Existing Storm Sewer Pipe
4
EA
500.00
$2,000.00
450.00
$1,800.00
400.00
$1,600.00
975.00
$3,900.00
cV
2406 Abandon and Fill Existing Storm Sewer Pipe
32
LF
300.00
$9,600.00
60.00
$1,920.00
20.00
$640.00
63.00
$2,016.00
fA
2407 * Remove Existing Storm Sewer Pipe or Culvert
15
LF
10.00
$150.00
25.00
$375.00
20.00
$300.00
8.50
$127.50
2410 * Catch Basin, Type 1
10
EA
1,600.00
$16,000.00
1,750.00
$17,500.00
1,200.00
$12,000.00
1,625.00
$16,250.00
0000
2415 Catch Basin, Type 2, 48 Inch Diameter
1
EA
5,000.00
$5,000.00
5,250.00
$5,250.00
5,400.00
$5,400.00
5,650.00
$5,650.00
Cl)
2420 Bi-Directional Vaned Catch Basin Frame and Grate
4
EA
400.00
$1,600.00
400.00
$1,600.00
1,100.00
$4,400.00
700.00
$2,800.00
..
2425 * Vaned Catch Basin Frame and Grate
2
EA
400.00
$800.00
400.00
$800.00
1,050.00
$2,100.00
725.00
$1,450.00
2430 * Catch Basin Rectangular Frame and Solid Cover
3
EA
400.00
$1,200.00
400.00
$1,200.00
1,050.00
$3,150.00
725.00
$2,175.00
2435 Manhole Circular Frame and Cover
2
EA
500.00
$1,000.00
500.00
$1,000.00
1,200.00
$2,400.00
950.00
$1,900.00
2440 Shoring or Extra Excavation Class B
1,200
SF
5.00
$6,000.00
1.00
$1,200.00
4.00
$4,800.00
0.25
$300.00
m
2445 * Pipe Zone Bedding
320
TON
40.00
$12,800.00
45.00
$14,400.00
20.00
$6,400.00
53.00
$16,960.00
2450 * Bank Run Gravel for Trench Backfill
450
TON
35.00
$15,750.00
35.00
$15,750.00
20.00
$9,000.00
45.00
$20,250.00
3
2455 * Foundation Material, Class I and II
50
TON
37.00
$1,850.00
65.00
$3,250.00
20.00
$1,000.00
73.00
$3,650.00
y
2500 Uniformed Off -Duty Police Officer
100
HR
200.00
$20,000.00
110.00
$11,000.00
130.00
$13,000.00
135.00
$13,500.00
2
2505 * Traffic Control Labor
1,450
HR
70.00
$101,500.00
63.00
$91,350.00
60.00
$87,000.00
73.00
$105,850.00
In
2510 * Traffic Control Supervisor
500
HR
120.00
$60,000.00
65.00
$32,500.00
85.00
$42,500.00
78.00
$39,000.00
a)
2520 Temporary Traffic Control Devices
1
LS
9,000.00
$9,000.00
3,000.00
$3,000.00
1,000.00
$1,000.00
9,300.00
$9,300.00
N
2530 * Portable Changeable Message Sign (PCMS)
80
DAY
200.00
$16,000.00
100.00
$8,000.00
80.00
$6,400.00
66.00
$5,280.00
2540 * Construction Signs Class A
500
SF
25.00
$12,500.00
45.00
$22,500.00
85.00
$42,500.00
40.00
$20,000.00
06
2545 * Temporary Pavement Marking - Short Duration
1,800
LF
0.20
$360.00
0.25
$450.00
2.00
$3,600.00
0.25
$450.00
2580 Raised Pavement Marker Type 2
0.5
HUND
2,500.00
$1,250.00
2,500.00
$1,250.00
2,450.00
$1,225.00
2,600.00
$1,300.00
c
2585 * Parking Paint Stripe
100
LF
2.00
$200.00
2.25
$225.00
2.25
$225.00
2.30
$230.00
N
2600 Profiled Plastic Wide Line
80
LF
28.00
$2,240.00
26.00
$2,080.00
27.00
$2,160.00
27.00
$2,160.00
2625 * Plastic Stop Line (24 Inch Wide)
25
LF
30.00
$750.00
33.00
$825.00
33.00
$825.00
35.00
$875.00
2630 Painted Traffic Letter
1
EA
500.00
$500.00
850.00
$850.00
820.00
$820.00
850.00
$850.00
E
2640 Plastic Traffic Arrow
2
EA
500.00
$1,000.00
900.00
$1,800.00
927.00
$1,854.00
950.00
$1,900.00
v
2660 * Painting Curb
115
LF
1.50
$172.50
1.75
$201.25
1.65
$189.75
2.00
$230.00
R
2670 Profiled Plastic Double Yellow Centerline
690
LF
17.00
$11,730.00
16.00
$11,040.00
16.00
$11,040.00
16.50
$11,385.00
Q
2680 Single Solid Plastic Edge Line
550
LF
7.00
$3,850.00
7.00
$3,850.00
7.00
$3,850.00
7.00
$3,850.00
2700 Pedestrian Lighting
4
EA
10,000.00
$40,000.00
12,000.00
$48,000.00
10,900.00
$43,600.00
12,000.00
$48,000.00
2710 6 Foot Diameter Traffic Loop
2
EA
3,000.00
$6,000.00
3,500.00
$7,000.00
1,310.00
$2,620.00
2,700.00
$5,400.00
2730 Junction Box, Type 1
4
EA
1,200.00
$4,800.00
1,400.00
$5,600.00
927.00
$3,708.00
1,700.00
$6,800.00
2732 Junction Box, Type 2
1
EA
2,000.00
$2,000.00
2,250.00
$2,250.00
1,635.00
$1,635.00
2,450.00
Packet Pg.
320
10.A.a
S. 240th Street and Russell Road
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
5
Tucci & Sons, Inc.
4224 Waller Road
Tacoma, WA 98443-1623
$2,164,147.00
6
Rodarte Construction, Inc.
17 East Valley Highway E.
Auburn, WA 98092
$2,231,593.75
7
Marshbank Construction, Inc.
PO Box 97
Lake Stevens, WA 98258
$2,322,888.75
8
Northwest Cascade, Inc.
PO Box 73399
Puyallup, WA 98373
$2,338,196.00
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
2740 Supply and Install 2 Inch Diameter Schedule 80 PVC
1,400
LF
17.00
$23,800.00
18.00
$25,200.00
22.00
$30,800.00
27.00
$37,800.00
Conduit
2750 Illumination Wire - 6/3 BLACK STRANDED AL ERSKINE
630
LF
5.00
$3,150.00
6.00
$3,780.00
11.00
$6,930.00
8.00
$5,040.00
URD TRIPLEX CABLE
2760 Sand for Conduit Bedding
50
TON
45.00
$2,250.00
50.00
$2,500.00
30.00
$1,500.00
52.00
$2,600.00
2800 * Inlet Protection
5
EA
105.00
$525.00
80.00
$400.00
88.00
$440.00
85.00
$425.00
2810 * ESC Lead
100
HR
60.00
$6,000.00
50.00
$5,000.00
100.00
$10,000.00
1.00
$100.00
2815 * Street Cleaning
8o
HR
250.00
$20,000.00
225.00
$18,000.00
250.00
$20,000.00
225.00
$18,000.00
2820 Street Tree Frame and Grate, Planting and Staking
6
EA
4,000.00
$24,000.00
3,000.00
$18,000.00
4,700.00
$28,200.00
3,950.00
$23,700.00
2822 Street Tree (No Grate), Planting and Staking
1
EA
1,400.00
$1,400.00
2,000.00
$2,000.00
500.00
$500.00
485.00
$485.00
2827 Landscape Restoration
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
2830 * Seeding, Fertilizing, and Mulching
0.10
AC
13,000.00
$1,300.00
12,000.00
$1,200.00
14,000.00
$1,400.00
10,000.00
$1,000.00
2835 * Topsoil Type A
100
CY
80.00
$8,000.00
70.00
$7,000.00
52.00
$5,200.00
55.00
$5,500.00
2840 * Wood Chip Mulch
20
CY
75.00
$1,500.00
65.00
$1,300.00
55.00
$1,100.00
58.00
$1,160.00
2845 Existing Irrigation Systems Repair and/or Relocation
1
FA
1,000.00
$1,000.00
1,000.00
$1,000.00
1,000.00
$1,000.00
1,000.00
$1,000.00
2850 Erosion/Water Pollution Control
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
2855 SPCC Plan
1
LS
300.00
$300.00
325.00
$325.00
1,000.00
$1,000.00
500.00
$500.00
SCHEDULE II TOTAL
$981,242.50
$940,546.25
$1,050,741.75
$1,021,178.50
SCHEDULE III: HOGAN PARK OVERLAY - NON -ELIGIBLE
3000 Mobilization
1
LS
22,500.00
$22,500.00
25,000.00
$25,000.00
18,000.00
$18,000.00
12,000.00
$12,000.00
3010 * Remove Existing Asphalt Concrete Pavement
130
SY
7.50
$975.00
11.00
$1,430.00
16.00
$2,080.00
11.00
$1,430.00
3060 * Roadway Excavation Incl. Haul
50
CY
68.60
$3,430.00
65.00
$3,250.00
56.00
$2,800.00
47.00
$2,350.00
3065 * Unsuitable Foundation Excavation Incl. Haul
10
CY
111.00
$1,110.00
70.00
$700.00
40.00
$400.00
52.00
$520.00
3075 * Gravel Borrow, Including Haul and Compaction
50
TON
62.00
$3,100.00
35.00
$1,750.00
46.00
$2,300.00
40.00
$2,000.00
3080 * Crushed Surfacing Top Course, 5/8 Inch Minus
50
TON
117.00
$5,850.00
45.00
$2,250.00
132.00
$6,600.00
46.00
$2,300.00
3095 HMA Class 1/2", PG 58V-22 for Full Width Overlay
1,100
TON
141.00
$155,100.00
140.00
$154,000.00
127.50
$140,250.00
170.00
$187,000.00
3105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
10,000.00
$10,000.00
3110 * Planing Bituminous Pavement
1,000
SY
8.00
$8,000.00
18.00
$18,000.00
6.00
$6,000.00
8.25
$8,250.00
3115 Asphalt Interlay Fabric
2,050
SY
13.00
$26,650.00
7.50
$15,375.00
5.75
$11,787.50
6.00
$12,300.00
3120 PG Tack for Pavement Reinforcement
410
GAL
6.00
$2,460.00
1.25
$512.50
1.00
$410.00
110.00
$45,100.00
3505 * Traffic Control Labor
100
HR
70.00
$7,000.00
63.00
$6,300.00
60.00
$6,000.00
73.00
$7,300.00
3510 * Traffic Control Supervisor
40
HR
120.00
$4,800.00
65.00
$2,600.00
85.00
$3,400.00
78.00
$3,120.00
3520 Temporary Traffic Control Devices
1
LS
1,000.00
$1,000.00
3,000.00
$3,000.00
1,000.00
$1,000.00
1,050.00
$1,050.00
3585 * Parking Paint Stripe
3,200
LF
2.00
$6,400.00
2.25
$7,200.00
2.25
$7,200.00
2.30
$7,360.00
3655 Handicap Parking Symbol
5
EA
170.00
$850.00
170.00
$850.00
165.00
$825.00
175.00
$875.00
3660 * Painting Curb
2,700
LF
1.50
$4,050.00
1.75
$4,725.00
1.65
$4,455.00
2.00
$5,400.00
3850 Erosion/Water Pollution Control
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
5,000.00
$5,000.00
SCHEDULE III TOTAL
$268,275.00
$261,942.50
$228,507.50
$313,355.00
0
0
M
M
H
Z3
m
N
3
m
Cn
N
N
7
a'
06
t
0
N
C
O
E
s
U
Q
Packet Pg. 321
10.A.a
S. 240th Street and Russell Road
5
6
7
8
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Tucci & Sons, Inc.
Rodarte Construction, Inc.
Marshbank Construction, Inc.
Northwest Cascade, Inc.
4224 Waller Road
17 East Valley Highway E.
PO Box 97
PO Box 73399
Disclaimer: These preliminary bid results are provided as a convenience to
Tacoma, WA 98443-1623
Auburn, WA 98092
Lake Stevens, WA 98258
Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
$2,164,147.00
$2,231,593.75
$2,322,888.75
$2,338,196.00
ITEM DESCRIPTION QTY UNIT
UNIT TOTAL
UNIT TOTAL
UNIT TOTAL
UNIT TOTAL
NO.
PRICE AMOUNT
PRICE AMOUNT
PRICE AMOUNT
PRICE AMOUNT
SUMMARY:
SCHEDULE I TOTAL
$914,629.50
$1,029,105.00
$1,043,639.50
$1,003,662.50
SCHEDULE II TOTAL
$981,242.50
$940,546.25
$1,050,741.75
$1,021,178.50
SCHEDULE III TOTAL
$268,275.00
$261,942.50
$228,507.50
$313,355.00
CONSTRUCTION CONTRACT TOTAL
$2,164,147.00
$2,231,593.75
$2,322,888.75
$2,338,196.00
r+
Q
Packet Pg. 322
10.A.a
S. 240th Street and Russell Road
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
9
Olson Brothers Excavating, Inc.
6622 112th Street E.
Puyallup, WA 98373
$2,488,229.50
Engineer's Estimate
Drew Holcomb
$2,382,735.00
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
SCHEDULE I: 240TH AND HOGAN PARK
1000 Mobilization
1
LS
150,000.00
$150,000.00
78,000.00
$78,000.00
1005 Clearing and Grubbing
1
LS
22,000.00
$22,000.00
5,500.00
$5,500.00
1010 * Remove Existing Asphalt Concrete Pavement
1,600
SY
22.00
$35,200.00
8.00
$12,800.00
1020 Remove Cement Concrete Sidewalk
70
SY
22.00
$1,540.00
44.00
$3,080.00
1025 * Remove Cement Concrete Curb and Gutter
1,000
LF
16.00
$16,000.00
15.00
$15,000.00
1030 Remove Cement Concrete Extruded Curb
50
LF
15.00
$750.00
11.00
$550.00
1040 Removal of Raised Pavement Markers and Painted and/or
1
LS
2,300.00
$2,300.00
1,000.00
$1,000.00
Thermoplastic Traffic Markinas
1045 Restore Existing Split Rail Fence
80
LF
23.00
$1,840.00
50.00
$4,000.00
1050 * Saw Cut Existing Asphalt Concrete Pavement
2,600
LF
6.00
$15,600.00
6.00
$15,600.00
1055 * Saw Cut Existing Cement Concrete Pavement
50
LF
11.00
$550.00
6.00
$300.00
1060 * Roadway Excavation Incl. Haul
520
CY
60.00
$31,200.00
50.00
$26,000.00
1065 * Unsuitable Foundation Excavation Incl. Haul
50
CY
60.00
$3,000.00
50.00
$2,500.00
1075 * Gravel Borrow, Including Haul and Compaction
80
TON
54.00
$4,320.00
40.00
$3,200.00
1080 * Crushed Surfacing Top Course, 5/8 Inch Minus
320
TON
60.00
$19,200.00
50.00
$16,000.00
1086 * Crushed Surfacing Base Course, 1-1/4 Inch Minus
350
TON
60.00
$21,000.00
50.00
$17,500.00
1095 * HMA Class 1/2", PG 58V-22
620
TON
190.00
$117,800.00
200.00
$124,000.00
1105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
1115 Rubblize and Compact Asphalt Concrete Pavement
650
SY
24.00
$15,600.00
11.00
$7,150.00
1120 * Speed Cushion
2
EA
2,600.00
$5,200.00
5,000.00
$10,000.00
1122 Raised Crosswalk
1
EA
15,000.00
$15,000.00
8,000.00
$8,000.00
1140 * Cement Concrete Driveway, 8 Inch Depth, Reinforced
380
SY
160.00
$60,800.00
160.00
$60,800.00
1142 Remove and Replace Cement Concrete Splashpad, 8 Inch
1
EA
6,000.00
$6,000.00
900.00
$900.00
Depth. Reinforced
1145 * Cement Concrete Sidewalk
880
SY
82.00
$72,160.00
90.00
$79,200.00
1170 Cement Concrete Sidewalk Ramp Type Combination
1
EA
3,400.00
$3,400.00
3,500.00
$3,500.00
1175 Cement Concrete Sidewalk Ramp Type Single Direction A
2
EA
3,600.00
$7,200.00
2,500.00
$5,000.00
1205 * Cement Concrete Curb and Gutter
1,300
LF
63.00
$81,900.00
45.00
$58,500.00
1211 Cement Concrete Parking Wheel Stop
85
EA
250.00
$21,250.00
230.00
$19,550.00
1212 Pedestrian Curb
80
LF
63.00
$5,040.00
35.00
$2,800.00
1215 * Remove and Replace Existing Wall
10
LF
475.00
$4,750.00
100.00
$1,000.00
1221 * Replace Existing Catch Basin Frame and Grate and Adjust
1
EA
1,100.00
$1,100.00
1,000.00
$1,000.00
to Finished Grade
1225 Replace Existing Manhole Circular Frame and Cover and
3
EA
1,100.00
$3,300.00
1,250.00
$3,750.00
Adiust to Finished Grade
1229 Replace Existing Manhole Rectangular Frame and Cover
2
EA
1,100.00
$2,200.00
1,250.00
$2,500.00
with Circular Frame and Cover and Adjust to Finished
Grade
1230 * Replace Existing Valve Box Top Section and Lid
2
EA
1,100.00
$2,200.00
750.00
$1,500.00
1232 Adjust Existing Catch Basin Grate to Finished Grade
2
EA
1,100.00
$2,200.00
550.00
$1,100.00
1280 * Relocate Existing Sign
5
EA
116.00
$580.00
800.00
$4,000.00
1290 Relocate and Clean Existing Sign
1
EA
120.00
$120.00
900.00
$900.00
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Packet Pg. 323
10.A.a
S. 240th Street and Russell Road
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
9
Olson Brothers Excavating, Inc.
6622 112th Street E.
Puyallup, WA 98373
$2,488,229.50
Engineer's Estimate
Drew Holcomb
$2,382,735.00
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
1292 * Permanent Signing on Existing Post
25
SF
44.00
$1,100.00
100.00
$2,500.00
1295 * Permanent Signing Including Post and Foundation
55
SF
140.00
$7,700.00
150.00
$8,250.00
1297 * Pothole Utilities
10
EA
1,300.00
$13,000.00
1,500.00
$15,000.00
1300 * Remove Existing Water Service
2
EA
360.00
$720.00
1,000.00
$2,000.00
1310 Service Connection 1-1/2 Inch Diameter
1
EA
4,700.00
$4,700.00
1,750.00
$1,750.00
1315 * Service Connection 2 Inch Diameter
1
EA
5,300.00
$5,300.00
2,000.00
$2,000.00
1325 1-1/2 Inch Meter Setter
1
EA
2,600.00
$2,600.00
2,500.00
$2,500.00
1330 * 2 Inch Meter Setter
1
EA
3,200.00
$3,200.00
3,600.00
$3,600.00
1340 * Meter Box for 1-1/2 to 2 Inch Diameter Service
2
EA
1,000.00
$2,000.00
2,000.00
$4,000.00
1400 * Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 50
430
LF
105.00
$45,150.00
140.00
$60,200.00
1401 * Ductile Iron Storm Sewer Pipe, 8 Inch Diameter Class 50
85
LF
94.00
$7,990.00
120.00
$10,200.00
1405 Remove Existing Catch Basin or Manhole
1
EA
1,700.00
$1,700.00
1,000.00
$1,000.00
1407 * Remove Existing Storm Sewer Pipe or Culvert
280
LF
35.00
$9,800.00
45.00
$12,600.00
1410 * Catch Basin, Type 1
9
EA
2,800.00
$25,200.00
1,800.00
$16,200.00
1425 * Vaned Catch Basin Frame and Grate
9
EA
800.00
$7,200.00
1,000.00
$9,000.00
1430 * Catch Basin Rectangular Frame and Solid Cover
2
EA
800.00
$1,600.00
1,000.00
$2,000.00
1440 * Pipe Zone Bedding
180
TON
63.00
$11,340.00
45.00
$8,100.00
1445 * Bank Run Gravel for Trench Backfill
350
TON
63.00
$22,050.00
40.00
$14,000.00
1455 * Foundation Material, Class I and II
50
TON
63.00
$3,150.00
60.00
$3,000.00
1505 * Traffic Control Labor
1,250
HR
63.00
$78,750.00
75.00
$93,750.00
1510 * Traffic Control Supervisor
450
HR
70.00
$31,500.00
100.00
$45,000.00
1520 Temporary Traffic Control Devices
1
LS
6,000.00
$6,000.00
15,000.00
$15,000.00
1530 * Portable Changeable Message Sign (PCMS)
80
DAY
230.00
$18,400.00
95.00
$7,600.00
1540 * Construction Signs Class A
300
SF
6.00
$1,800.00
12.00
$3,600.00
1545 * Temporary Pavement Marking - Short Duration
1,000
LF
1.00
$1,000.00
1.00
$1,000.00
1595 Plastic Bike Dashed Lane Line
170
LF
23.00
$3,910.00
3.00
$510.00
1600 Plastic Bike Lane Line
1,400
LF
7.00
$9,800.00
7.00
$9,800.00
1615 Plastic Crosswalk Line
100
SF
19.00
$1,900.00
8.00
$800.00
1625 * Plastic Stop Line (24 Inch Wide)
60
LF
34.00
$2,040.00
14.00
$840.00
1630 Plastic Bicycle Lane Symbol with Arrow
5
EA
750.00
$3,750.00
300.00
$1,500.00
1800 * Inlet Protection
14
EA
67.00
$938.00
100.00
$1,400.00
1810 * ESC Lead
80
HR
92.00
$7,360.00
100.00
$8,000.00
1815 * Street Cleaning
50
HR
242.00
$12,100.00
150.00
$7,500.00
1817 Plant Selection, Archtostaphylus uva ursi, 1 Gal
60
EA
29.00
$1,740.00
35.00
$2,100.00
1819 Plant Selection, Corpus sanguinea 'Anny's Winter Orange,'
50
EA
70.00
$3,500.00
45.00
$2,250.00
3 Gal
1820 Plant Selection, Dechampsia cespitosa, 1 Gal
130
EA
35.00
$4,550.00
35.00
$4,550.00
1821 Plant Selection, Fothergilla gardenii, 3 Gal
15
EA
70.00
$1,050.00
45.00
$675.00
1822 Plant Selection, Geranium x 'Rozanne,' 1 Gal
10
EA
30.00
$300.00
35.00
$350.00
1823 Plant Selection, Rubus calycinoides, 1 Gal
100
EA
30.00
$3,000.00
35.00
$3,500.00
1825 Plant Selection, Quercus Rubra (Red Oak Tree), B&B, 2"
1
EA
800.00
$800.00
80.00
$80.00
caliDer
1827 Landscape Restoration
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
Go
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Packet Pg. 324
10.A. a
S. 240th Street and Russell Road
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
9
Olson Brothers Excavating, Inc.
6622 112th Street E.
Puyallup, WA 98373
$2,488,229.50
Engineer's Estimate
Drew Holcomb
$2,382,735.00
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
1830 * Seeding, Fertilizing, and Mulching
0.25
AC
13,000.00
$3,250.00
5,000.00
$1,250.00
1835 * Topsoil Type A
50
CY
70.00
$3,500.00
120.00
$6,000.00
1837 Topsoil Type B
150
CY
60.00
$9,000.00
120.00
$18,000.00
1840 * Wood Chip Mulch
50
CY
60.00
$3,000.00
125.00
$6,250.00
1842 Existing Irrigation Systems Repair and/or Relocation
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
1850 Erosion/Water Pollution Control
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
1855 SPCC Plan
1
LS
1,500.00
$1,500.00
1,000.00
$1,000.00
1880 Project Sign
1
EA
1,100.00
$1,100.00
1,500.00
$1,500.00
SCHEDULE I TOTAL
$1,178,338.00
$1,052,885.00
SCHEDULE II: RUSSELL ROAD - HOGAN TO MEEKER SIDEWALK
2000 Mobilization
1
LS
23,500.00
$23,500.00
77,000.00
$77,000.00
2005 Clearing and Grubbing
1
LS
10,500.00
$10,500.00
10,000.00
$10,000.00
2010 * Remove Existing Asphalt Concrete Pavement
1,500
SY
22.00
$33,000.00
8.00
$12,000.00
2025 * Remove Cement Concrete Curb and Gutter
125
LF
16.00
$2,000.00
15.00
$1,875.00
2040 Removal of Raised Pavement Markers and Painted and/or
1
LS
6,000.00
$6,000.00
1,000.00
$1,000.00
Thermoolastic Traffic Markinas
2050 * Saw Cut Existing Asphalt Concrete Pavement
1,100
LF
6.00
$6,600.00
6.00
$6,600.00
2055 * Saw Cut Existing Cement Concrete Pavement
50
LF
11.00
$550.00
6.00
$300.00
2060 * Roadway Excavation Incl. Haul
200
CY
60.00
$12,000.00
50.00
$10,000.00
2065 * Unsuitable Foundation Excavation Incl. Haul
50
CY
60.00
$3,000.00
50.00
$2,500.00
2075 * Gravel Borrow, Including Haul and Compaction
420
TON
54.00
$22,680.00
40.00
$16,800.00
2080 * Crushed Surfacing Top Course, 5/8 Inch Minus
450
TON
60.00
$27,000.00
50.00
$22,500.00
2086 * Crushed Surfacing Base Course, 1-1/4 Inch Minus
380
TON
60.00
$22,800.00
50.00
$19,000.00
2095 * HMA Class 1/2", PG 58V-22
290
TON
190.00
$55,100.00
200.00
$58,000.00
2105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
2120 * Speed Cushion
1
EA
2,600.00
$2,600.00
5,000.00
$5,000.00
2140 * Cement Concrete Driveway, 8 Inch Depth, Reinforced
450
SY
160.00
$72,000.00
160.00
$72,000.00
2145 * Cement Concrete Sidewalk
500
SY
82.00
$41,000.00
90.00
$45,000.00
2205 * Cement Concrete Curb and Gutter
410
LF
63.00
$25,830.00
45.00
$18,450.00
2210 Cement Concrete Extruded Curb
200
LF
30.00
$6,000.00
30.00
$6,000.00
2215 * Remove and Replace Existing Wall
10
LF
475.00
$4,750.00
100.00
$1,000.00
2221 * Replace Existing Catch Basin Frame and Grate and Adjust
2
EA
1,100.00
$2,200.00
1,000.00
$2,000.00
to Finished Grade
2230 Raise and Replace Existing Valve Box Top Section and Lid
4
EA
1,100.00
$4,400.00
1,200.00
$4,800.00
2235 Adjust Existing Meter Box to Finished Grade
1
EA
1,100.00
$1,100.00
350.00
$350.00
2290 * Relocate Existing Sign
4
EA
116.00
$464.00
800.00
$3,200.00
2292 * Permanent Signing on Existing Post
10
SF
44.00
$440.00
100.00
$1,000.00
2295 * Permanent Signing Including Post and Foundation
13
SF
140.00
$1,820.00
150.00
$1,950.00
2297 * Pothole Utilities
15
EA
1,300.00
$19,500.00
1,500.00
$22,500.00
2300 * Remove Existing Water Service
2
EA
360.00
$720.00
1,000.00
$2,000.00
2305 Service Connection 3/4 Inch Diameter
1
EA
4,700.00
$4,700.00
1,500.00
$1,500.00
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Packet Pg. 325
10.A.a
S. 240th Street and Russell Road
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
9
Olson Brothers Excavating, Inc.
6622 112th Street E.
Puyallup, WA 98373
$2,488,229.50
Engineer's Estimate
Drew Holcomb
$2,382,735.00
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
2315 * Service Connection 2 Inch Diameter
1
EA
5,300.00
$5,300.00
2,000.00
$2,000.00
2320 3/4 Inch Meter Setter
1
EA
2,600.00
$2,600.00
2,000.00
$2,000.00
2330 * 2 Inch Meter Setter
1
EA
3,200.00
$3,200.00
3,600.00
$3,600.00
2335 Meter Box for 3/4 Inch Diameter Service
1
EA
1,000.00
$1,000.00
1,000.00
$1,000.00
2340 * Meter Box for 1-1/2 to 2 Inch Diameter Service
1
EA
1,000.00
$1,000.00
2,000.00
$2,000.00
2348 Remove Existing Hydrant Assembly
1
EA
1,000.00
$1,000.00
1,200.00
$1,200.00
2350 Hydrant Assembly
1
EA
8,600.00
$8,600.00
10,000.00
$10,000.00
2400 * Ductile Iron Storm Sewer Pipe, 12 Inch Diameter Class 50
425
LF
105.00
$44,625.00
140.00
$59,500.00
2401 * Ductile Iron Storm Sewer Pipe, 8 Inch Diameter Class 50
155
LF
94.00
$14,570.00
120.00
$18,600.00
2402 Storm Sewer Pipe, 12 Inch Diameter
160
LF
94.00
$15,040.00
50.00
$8,000.00
2405 Abandon Existing Storm Sewer Pipe
4
EA
1,900.00
$7,600.00
800.00
$3,200.00
2406 Abandon and Fill Existing Storm Sewer Pipe
32
LF
60.00
$1,920.00
40.00
$1,280.00
2407 * Remove Existing Storm Sewer Pipe or Culvert
15
LF
35.00
$525.00
45.00
$675.00
2410 * Catch Basin, Type 1
10
EA
2,800.00
$28,000.00
1,800.00
$18,000.00
2415 Catch Basin, Type 2, 48 Inch Diameter
1
EA
3,200.00
$3,200.00
2,500.00
$2,500.00
2420 Bi-Directional Vaned Catch Basin Frame and Grate
4
EA
800.00
$3,200.00
1,000.00
$4,000.00
2425 * Vaned Catch Basin Frame and Grate
2
EA
800.00
$1,600.00
1,000.00
$2,000.00
2430 * Catch Basin Rectangular Frame and Solid Cover
3
EA
800.00
$2,400.00
1,000.00
$3,000.00
2435 Manhole Circular Frame and Cover
2
EA
800.00
$1,600.00
1,000.00
$2,000.00
2440 Shoring or Extra Excavation Class B
1,200
SF
10.00
$12,000.00
2.00
$2,400.00
2445 * Pipe Zone Bedding
320
TON
63.00
$20,160.00
45.00
$14,400.00
2450 * Bank Run Gravel for Trench Backfill
450
TON
63.00
$28,350.00
40.00
$18,000.00
2455 * Foundation Material, Class I and II
50
TON
63.00
$3,150.00
60.00
$3,000.00
2500 Uniformed Off -Duty Police Officer
100
HR
138.00
$13,800.00
135.00
$13,500.00
2505 * Traffic Control Labor
1,450
HR
63.00
$91,350.00
75.00
$108,750.00
2510 * Traffic Control Supervisor
500
HR
70.00
$35,000.00
100.00
$50,000.00
2520 Temporary Traffic Control Devices
1
LS
6,000.00
$6,000.00
15,000.00
$15,000.00
2530 * Portable Changeable Message Sign (PCMS)
80
DAY
230.00
$18,400.00
95.00
$7,600.00
2540 * Construction Signs Class A
500
SF
6.00
$3,000.00
12.00
$6,000.00
2545 * Temporary Pavement Marking - Short Duration
1,800
LF
1.00
$1,800.00
1.00
$1,800.00
2580 Raised Pavement Marker Type 2
0.5
HUND
115.00
$57.50
1,000.00
$500.00
2585 * Parking Paint Stripe
100
LF
2.00
$200.00
1.00
$100.00
2600 Profiled Plastic Wide Line
80
LF
30.00
$2,400.00
9.00
$720.00
2625 * Plastic Stop Line (24 Inch Wide)
25
LF
34.00
$850.00
14.00
$350.00
2630 Painted Traffic Letter
1
EA
600.00
$600.00
100.00
$100.00
2640 Plastic Traffic Arrow
2
EA
600.00
$1,200.00
250.00
$500.00
2660 * Painting Curb
115
LF
2.00
$230.00
2.00
$230.00
2670 Profiled Plastic Double Yellow Centerline
690
LF
18.00
$12,420.00
12.00
$8,280.00
2680 Single Solid Plastic Edge Line
550
LF
8.00
$4,400.00
6.00
$3,300.00
2700 Pedestrian Lighting
4
EA
12,000.00
$48,000.00
15,000.00
$60,000.00
2710 6 Foot Diameter Traffic Loop
2
EA
3,500.00
$7,000.00
2,000.00
$4,000.00
2730 Junction Box, Type 1
4
EA
2,300.00
$9,200.00
1,000.00
$4,000.00
2732 Junction Box, Type 2
1
EA
2,900.00
$2,900.00
1,500.00
$1,500.00
Go
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Packet Pg. 326
10.A.a
S. 240th Street and Russell Road
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
9
Olson Brothers Excavating, Inc.
6622 112th Street E.
Puyallup, WA 98373
$2,488,229.50
Engineer's Estimate
Drew Holcomb
$2,382,735.00
ITEM DESCRIPTION
QTY
UNIT
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
2740 Supply and Install 2 Inch Diameter Schedule 80 PVC
1,400
LF
51.00
$71,400.00
35.00
$49,000.00
Conduit
2750 Illumination Wire - 6/3 BLACK STRANDED AL ERSKINE
630
LF
15.00
$9,450.00
3.00
$1,890.00
URD TRIPLEX CABLE
2760 Sand for Conduit Bedding
50
TON
70.00
$3,500.00
50.00
$2,500.00
2800 * Inlet Protection
5
EA
67.00
$335.00
100.00
$500.00
2810 * ESC Lead
100
HR
92.00
$9,200.00
100.00
$10,000.00
2815 * Street Cleaning
80
HR
242.00
$19,360.00
150.00
$12,000.00
2820 Street Tree Frame and Grate, Planting and Staking
6
EA
1,700.00
$10,200.00
3,000.00
$18,000.00
2822 Street Tree (No Grate), Planting and Staking
1
EA
900.00
$900.00
2,000.00
$2,000.00
2827 Landscape Restoration
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
2830 * Seeding, Fertilizing, and Mulching
0.10
AC
13,000.00
$1,300.00
5,000.00
$500.00
2835 * Topsoil Type A
100
CY
70.00
$7,000.00
120.00
$12,000.00
2840 * Wood Chip Mulch
20
CY
60.00
$1,200.00
125.00
$2,500.00
2845 Existing Irrigation Systems Repair and/or Relocation
1
FA
1,000.00
$1,000.00
1,000.00
$1,000.00
2850 Erosion/Water Pollution Control
1
FA
10,000.00
$10,000.00
10,000.00
$10,000.00
2855 SPCC Plan
1
LS
1,100.00
$1,100.00
1,000.00
$1,000.00
SCHEDULE II TOTAL
$1,042,646.50
$1,030,800.00
SCHEDULE III: HOGAN PARK OVERLAY - NON -ELIGIBLE
3000 Mobilization
1
LS
10,000.00
$10,000.00
30,000.00
$30,000.00
3010 * Remove Existing Asphalt Concrete Pavement
130
SY
22.00
$2,860.00
8.00
$1,040.00
3060 * Roadway Excavation Incl. Haul
50
CY
60.00
$3,000.00
50.00
$2,500.00
3065 * Unsuitable Foundation Excavation Incl. Haul
10
CY
60.00
$600.00
50.00
$500.00
3075 * Gravel Borrow, Including Haul and Compaction
50
TON
54.00
$2,700.00
40.00
$2,000.00
3080 * Crushed Surfacing Top Course, 5/8 Inch Minus
50
TON
60.00
$3,000.00
50.00
$2,500.00
3095 HMA Class 1/2", PG 58V-22 for Full Width Overlay
1,100
TON
155.00
$170,500.00
170.00
$187,000.00
3105 Asphalt Cost Price Adjustment
1
CALC
10,000.00
$10,000.00
10,000.00
$10,000.00
3110 * Planing Bituminous Pavement
1,000
SY
19.00
$19,000.00
10.00
$10,000.00
3115 Asphalt Interlay Fabric
2,050
SY
8.00
$16,400.00
10.00
$20,500.00
3120 PG Tack for Pavement Reinforcement
410
GAL
1.00
$410.00
1.00
$410.00
3505 * Traffic Control Labor
100
HR
63.00
$6,300.00
75.00
$7,500.00
3510 * Traffic Control Supervisor
40
HR
70.00
$2,800.00
100.00
$4,000.00
3520 Temporary Traffic Control Devices
1
LS
2,000.00
$2,000.00
5,000.00
$5,000.00
3585 * Parking Paint Stripe
3,200
LF
2.00
$6,400.00
1.00
$3,200.00
3655 Handicap Parking Symbol
5
EA
175.00
$875.00
500.00
$2,500.00
3660 * Painting Curb
2,700
LF
2.00
$5,400.00
2.00
$5,400.00
3850 Erosion/Water Pollution Control
1
FA
5,000.00
$5,000.00
5,000.00
$5,000.00
SCHEDULE III TOTAL
$267,245.00
$299,050.00
.r
Q
Packet Pg. 327
10.A.a
S. 240th Street and Russell Road
9
TIB Sidewalk Improvements
Bid Opening: December 6, 2022, 11:00 AM
Olson Brothers Excavating, Inc.
Engineer's Estimate
6622 112th Street E.
Drew Holcomb
Disclaimer: These preliminary bid results are provided as a convenience to
Puyallup, WA 98373
contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
TOTAL
$2,488,229.50
$2,382,735.00
ITEM DESCRIPTION QTY UNIT
UNIT
TOTAL
UNIT
TOTAL
NO.
PRICE
AMOUNT
PRICE
AMOUNT
SUMMARY:
SCHEDULE I TOTAL
$1,178,338.00
$1,052,885.00
SCHEDULE II TOTAL
$1,042,646.50
$1,030,800.00
SCHEDULE III TOTAL
$267,245.00
$299,050.00
CONSTRUCTION CONTRACT TOTAL
$2,488,229.50
$2,382,735.00
r+
Q
Packet Pg. 328