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City Council Meeting - City Council Meeting - 06/18/2024 (2)
KENT CITY COUNCIL AGENDA 40!00�9 Tuesday, June 18, 2024 KENT 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/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 253-215-8782 or 253-205-0468 Enter Meeting ID: 82979108067 Join the meeting Mayor Dana Ralph Council President Satwinder Kaur Councilmember Bill Boyce Councilmember Marli Larimer Councilmember John Boyd Councilmember Zandria Michaud Councilmember Brenda Fincher Councilmember Toni Troutner ************************************************************** 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. Proclamation for Juneteenth 2024 B. Community Events C. Public Safety Report S. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report C. Councilmembers' Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT City Council Meeting City Council Regular Meeting June 18, 2024 The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the city of Kent or to agenda items Council will consider. This is not an open public forum and comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington strictly prohibits people from using this public comment opportunity for political campaign purposes, including to support or oppose a ballot measure or any candidate for public office. Speakers may not give political campaign speeches but must instead speak concerning a matter on the City Council's agenda or matters concerning the general business of the City of Kent. Further, in providing public comment, speakers must address the Mayor and Council as a whole; remarks intended to target an individual on the dais are not permitted. Finally, please note that this public comment opportunity is for you to provide information to the Mayor and City Council that you would like us to consider, but we will not be able to answer questions during the meeting itself. The City Clerk will announce each speaker. When called to speak, please step up to the podium, state your name and city of residence for the record, and then state your comments. You will have up to three minutes to provide comment. 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. Alternatively, you may email the Mayor and Council at Mayor@KentWA.gov and CityCouncil@KentWA._gov. Emails are not read into the record. S. CONSENT CALENDAR A. Approval of Minutes i. Council Workshop - Workshop Special Meeting - May 24, 2024 8:30 AM ii. Council Workshop - Workshop Special Meeting - May 28, 2024 6:00 PM iii. Council Workshop - Workshop Regular Meeting - Jun 4, 2024 5:15 PM iv. City Council Meeting - City Council Regular Meeting - Jun 4, 2024 7:00 PM B. 2025 South King County Housing and Homelessness Partners Work Plan and Operating Budget - Approve C. Ordinance Amending KCC 4.06.200 Regarding Lake Meridian Boat Launch Fee - Adopt D. Update to Fee Resolution to add Boat Launch Fee - Adopt E. Resolution Authorizing Grant Applications with the Recreation and Conservation Office - Uplands Playfield, and Spray Park, Uplands Extension Acquisition, and Garrison Creek Park - Adopt F. Consultant Services Agreement with KBA, Inc. for South 218th Street Project - Authorize City Council Meeting City Council Regular Meeting June 18, 2024 G. Flood Protection Levee Easement with King County - Authorize H. Easements with the City of Covington for Construction and Maintenance of Culvert Near Jenkins Creek - Authorize I. Contract for Canyon Ridge Lighting - Authorize J. Accept the 6MG1 Reservoir and Vent Replacement Project as Complete - Authorize K. Accept the West Hill Reservoir Project as Complete - Authorize 9. OTHER BUSINESS 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT 4.A.1 PROCLAMATION WHEREAS, on New Year's Day, January 1, 1863, using his war powers as President, Abraham Lincoln signed the Emancipation Proclamation, providing that all persons held as slaves within any State or designated part of a State "shall be then, thenceforward, and forever free;" and WHEREAS, almost 2 1/2 years later, Major General Gordon Granger arrived in Galveston, Texas, and announced the end of both the Civil War and slavery; and IF 0 WHEREAS, the story and influence of James Edward Shepperson, who settled in Roslyn, WA in 1888, inspired many others to flee the south at great c risk and pursue new opportunities in Washington state as miners; and U WHEREAS, we think about the moment in 1888 when 300 Black men from Virginia, 2 North Carolina, and Kentucky were determined to escape the terrorism 3 of the post-Civil War South as they boarded trains for the Washington a territory and settled in King County mining camps; and N 0 WHEREAS, Texans began the celebration of Juneteenth in 1866, with community events such as parades, cookouts, prayer gatherings, musical performances and historical cultural readings; and r m WHEREAS, we acknowledge Black freedom and achievements within this community. We would specifically like to recognize and offer thanks to the Kent Black Action Commission for their founding and continued c 0 work in the observance of Juneteenth o and are grateful for their contributions to our City; and E ca WHEREAS, we appreciate the Black experience and celebrate the inclusion of all o races, ethnicities, and nationalities; and a E WHEREAS, we commit to working together to achieve equity for all. NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim June 19, 2024, to be E E 0 U Juneteenth 2024 in the City of Kent, and I encourage all citizens to join me in this celebration. In witness whereof, I have hereunto set my hand this 18th day of June 2024. Mayor DV) Ralph KENT r WASHINGTON Packet Pg. 4 5.B DO C re P� o of department highlights c� ADMINISTRATION Economic Development • Among the many duties Dan Blincoe, ECD's Administration own GIS Analyst undertakes is monitoring U • The Mayor and CAO, along with mayors the health of Kent's dynamic business o from other cities and King County biome is keeping the team apprised of L) Executives met with the Governor to commercial and economic activity in and c discuss the state's plan for addressing around the city. Recently, he shared the y asylees arriving to the state of Washington. following good news as projects keep c The state hopes to have that plan moving in the space race: Blue Origin works developed and activated over the next few towards New Glenn debut, ramps BE-4 -- months. deliveries: V_ 0 • Staff has begun to develop department- o With the September launch window of level budgets for the 2025-26 biennial NASA's EscaPADE Mars mission budget process. closing in, which is slated to be the Clerk's Office first flight of the New Glenn launch • Some bittersweet news out of the Clerk's vehicle, teams are working through 0 Office, Melissa McCormick, Records the tail-end of tests at Launch > Administrator/Deputy City Clerk will be Complex 36 (LC-36) to prepare the 2- leaving the city to pursue an exciting new site for its first static fire and launch. N opportunity at the City of Tukwila. Melissa o Blue Origin still aims to launch the has been an invaluable member of our first Blue Moon MK1 cargo lunar a team for almost five years, contributing lander on New Glenn in early 2025 as significantly to the deployment of a pathfinder mission to test the Laserfiche, the advancement of records system's technologies. E management citywide, providing back up o Following an inflight anomaly caused 0 support to the Clerk and putting countless by New Shepard's BE-3 engine nozzle hours into working on the City's Charitable in September 2022 and a successful Contributions Committee. While we are sad return to flight with an uncrewed E to see Melissa go, we are thrilled for her as mission in December 2023, New 0 she takes on the new role as a Deputy City Shepard took to the skies once again Clerk at Tukwila. Please join me in with passengers onboard on May 19. congratulating Melissa on this wonderful Stoke Space test-fires new booster engine new opportunity and wishing her all the Stoke Space, started and headquartered in best in her future endeavors. Kent, has test-fired a highly efficient engine it is developing for the first stage of its fully reusable launch vehicle. The goal of the test was to see how the engine started up and shut down. They plan to use seven of the Page 1 of 13 Packet Pg. 5 5.B engines on the first stage of Nova, the reduce the number of errors and related reusable medium-lift launch vehicle adjustments. currently in development. Andy Lapsa, Testing for the integration of utility taxes Chief Executive of Stoke, said that the into the B&O tax system (now "City Taxes") company had an internal goal of beginning is going well. We hope to be wrapped up orbital flight tests in 2025, with a desire to with most of the testing by June 21. The accelerate that schedule where possible. He "go live" date is slated for January 1, 2025. noted that the test took place just 18 Taxpayers will be able to log into one-City months after the company started to design Taxes portal to file and pay both City of the engine. Nova is designed carry small Kent B&O and utility taxes. payloads into low earth orbit like SpaceX's Falcon 9 rocket. Other sectors The month of May saw 38 new business Recruiting license registrations. This figure is on par with Job Changes the prior 7 months: 36 for April, 35 in March, • Gisele Matias moving from TLT Engineering 83 in February (wow), and so on with most Tech 1 to Civil Engineering Designer 1 .3 months between 25-40. • Tevita Takai moving from temporary o Maintenance Assistant to MW 2-Park U Operations o Interviews y • MW 2-Warehouse 0 Accounting o • The General Ledger (GL) team and State • Accounting Technician Auditor's Office are on-track to complete the Offers Made For -- 2023 financial audit by the July 1, 2024, Environmental Compliance Specialist (TLT) o deadline to submit the City's 2023 Annual Opening Postings For Comprehensive Financial Report (ACFR) for Police Data Analyst the Government Finance Officers Workday Association's award program. • Continue working with CVS on Holiday Time • First audit samples have been submitted by Tracking o the auditors. The GL team will work to • Continue Workday Leaning discovery and > provide the requested data back to the discussion with other agencies. 2 auditors within 24 business hours and will Complete testing and changes for the .h reach out to departments for assistance as integration change mission square file E needed. Requests to departments for transfer a assistance will come within a few hours of Continue review and test of impacts of t the initial auditor request once the GL team changes requested for tracking police confirms assistance is needed. positions. Customer Service Continue working on a new LWOP auditing • Staff is reviewing the requests for report. information that have been submitted by Completed Workday integration to new ; venders to replace our current utility billing Careers page. E system. Continue setup Workday functionality to 0 Tax & Licensing generate documents for employees to • The Tax Division prepares B&O tax refund review. i.e., new policies and assessment adjustments after each Working on pulling data for the HR quarter (and annual) filing due to math performance measures on Advance Kent errors made, as well as taxpayers leaving Dashboard. out the gross receipts tax credit, on paper Workday May 2024 Statistics filed returns. We are reaching out to those 7694 - total number of business process who file paper returns to assist them with events initiated during the selected month. registering and filing online. This will Page 2 of 13 Packet Pg. 6 5.B • 223 - total number of business process She comes to us with 4 1/2 years in events that were initiated by a manager recruiting at Microsoft and already fits in during the selected month well with the team. • 148 - total number of business processes HR is very proud to share the city won the completed including new hires, 2024 Inclusivity Award with Alliant. Alliant terminations, and job changes. is the city's medical broker, who hosted a • 65 - total number of employee benefits large event in Seattle, with customers from business processes completed in the across the country. Our Race and Equity selected month. This includes retirement team was able to attend and receive this savings changes, addition of dependents to special award. Congratulations to everyone an enrollment, new enrollments, and who helped us achieve this honor. changes to eligibility. • The city will move to the new career page Benefits this week. • Wellness workout challenge is June 1st-30th • HR is working on consolidating notifications with 156 participants! Way to go, Kent! in Workday for new hires. This has been on a • Deferred Compensation Committee was our radar, and we are pleased to have time held June 13th. to work through this update. ; • Working on vendor contract renewals. HR is researching learning platforms to 0 • Gathering information for benefits renewals. support our future programs around training E • Gathering information for PCORI fee and development planning. There are some 0 reporting. great capabilities within Workday that we • Finalized Schedule 21 Report for Finance. may be able to leverage. We are comparing a • Partial KPOA MOU changes completed. content provider options along with our Working on remaining system current system, NeoGov. configurations and testing. Q. • Reviewing policies. • Working with Managers on ADA ) L Accommodations. Service Desk U • Building more Workday new hire videos. • Continuation of deploying PD's cell phones. o • Constructing a new parent leave guide. • Completed defining the processes needed • City of Kent received the 2024 Inclusivity for the "Refresh/Upgrade Process" portion L Award at the Alliant Summer Celebration! for our new IT Asset Management N RiskThe city's second quarter Safety Committee implementation. E Meeting is scheduled for Tuesday, June 18, Business Systems a 2024, at 10:00 AM. ECD: Launched Amanda Onboarding . A a Labor SharePoint site to guide business users • LMM with AFSCME on Tuesday through the process of navigating the c Process Improvement Amanda Project. • Employee feedback groups ended 6/11, Finance: Trained backups for key IT\Finance •2 Manager groups begin in June. process ensuring there is no break in • Working with Multimedia on communication service. E plan for employee/manager feedback. ECD: Opened Fire applications in Amanda to u • Advance Kent dashboard updates are the public on 6/12, troubleshot issues ongoing. regarding a slight delay in payment • Facilitating Strengths Finder workshops with recording for online payments and engaged several teams. vendor for an updated demonstration on the • Working with the team to vet alternative GIS integration options. Learning Content Providers. PD: Test Mobile Data Computers (MDCs) Department Updates • HR welcomed Pearling Chhaysymeexo, our have been deployed in a Desktop new HR Recruiting Analyst, to the team! configuration to continue testing. Page 3 of 13 Packet Pg. 7 5.6 Administration identify a better replacement that is more • Ongoing coordination of IT's readily available and order. contract/procurement/accounting process. Corrections Camera Upgrade project is • Ongoing coordination of IT's data for the nearly complete. All cameras are online and 2025-2026 Biennial Budget season. functional, all the old equipment and cabling Application Development should be removed by end of week, and • Work continues alongside Project training for users is completed. The only Management Office (PMO) to participate in remaining item is additional licensing for several Have-Build-Buy (HBB) Review devices not included in original scope, which Panels to better plan 2025-2026 Capital has been approved and ordered, and will be Budget Requests. This will be status quo installed by the vendor as soon as possible. until August. Customer Service Operations • Application Development and Finance Tax We joined the GovAI Coalition, initiated by co determining whether the new Utility Tax the City of San Jose and supported by functionality should be released into representatives from state, county, and city Production end of month, or if we wait until governments. The GovAI Coalition's mission ; end of year. Regardless, the Application is to empower public sector leaders across L) Development team will be moving over to the nation to harness the potential of E focus on Business License System in Q3 Artificial Intelligence (AI) for the public (along with Finance Tax group's designated good. They achieve this by advocating for c Product Owner). responsible AI use, developing best • Budget Planning in progress with IT PMO, practices and standards, fostering Applications Development, and Finance Tax collaboration to discover new applications, o 0. for 2025-2026 Enhancements related to and providing guidance for successful AI both the Tax System and the Business implementation. Y, License System. Project Management Office • Work continues PSPGs/SOPS related to new Working with the Police Department to 0 Domains for DevOps, Technical Leadership, replace the jail management system, a) and Data Warehouse Tiburon, with a scalable solution that will Infrastructure and Security Operations Center integrate with other department systems for N • All low voltage work and network centralized management and configuration completed for the Motorpool secure/encrypted data share. The solution Keybox Project. Meeting scheduled with will streamline the current jail management vendor for Friday (6/14) to configure system landscape resulting in more devices and test functionality. SSO efficient, accurate tracking of inmate c documentation provided by vendor has records, long term physical security goals 2 been reviewed and approved by the SOC, and maintenance contract savings. which will allow for integration with Active Collaborating with ECD to further stabilize Directory. and enhance the functionality and usability E E • Synology storage for Digital Forensics has of Amanda, the department's permit 0 been ordered. Awaiting arrival to configure management system. and deploy. This solution will significantly increase storage capacity, provide fault tolerance, and alleviate the need to store multiple hard drives offline. Wall mount Received a total of 253 cases from the solution for device was unfortunately Police Department to review and assess for damaged in shipping, but we were able to the filing of criminal charges during the month of May. Of those cases, 89 were for in-custody defendants which necessitated Page 4 of 13 Packet Pg. 8 5.B rush filing the next business day after implementation at the City of Kent arrest. Corrections Facility. • Covered 70 court calendars in May, which • Advised and assisted staff on various included 1,829 cases scheduled for hearing, contracting issues related to the Kent East spread across 1,222 defendants. Of those, Hills Operations Center project. 590 cases were for 305 defendants who • Continued to assist staff in negotiating were held in-custody. Of the remaining 917 franchise agreements to install fiber defendants who were required to appear in throughout the city. court on an out-of-custody basis, 183 of • Assisted the Clerk's Office with processing them failed to appear (a 20% FTA rate). and responding to large public records • Related to administration of the City's DUI requests. Court program, the Law Department sent • Assisted the HR Department with a few two prosecutors to the RISE Conference in sensitive employment and labor related a Anaheim, the premier conference on matters. co addiction, mental health, and justice Advised City departments on several reform. The conference brought together procurement and contract matters related over 7,000 attendees committed to to various ongoing projects. ; expanding treatment programming for Assisted outside counsel on several cases 0 people with substance use and mental currently in litigation. E health disorders who are involved in the Worked with staff to acquire the property ,° justice system. rights necessary to complete various • Attended job fair at Meridian Middle School projects throughout the City. a as a representative of the City of Kent Law Department. Engaged with students and PARKS, RECREATION, AND V_ answered questions about choosing a career COMMUNITY SERVICES a in the legal field. • Met with an expert witness and outside Recreation and Cultural Services counsel to discuss active litigation and • The Kent Parks Department Spring Recital U prepare for potential mediation and/or trial. was held Saturday, June 8. Over 175 • Assisted the Police Department with the dancers performed in two sold out shows at o drafting and review of several contracts, the K-M High School Performing Arts Center. including an agreement for the purchase of The audience, comprised of 750 parents, body-worn cameras for corrections officers family, and friends, cheered for, and and agreements for maintenance work to be celebrated the success of their favorite E done at the City of Kent Corrections Facility performers. Staff and dedicated instructors a and firing range. work months behind the scenes to register a • Met with and advised Finance staff on next and prepare dancers, organize music, U steps to address a billiards lounge operating costumes, and backstage support, conduct ii on the East Hill without a valid City business ticket sales, and prep the venue. Meticulous 2 license. planning, seamless coordination, attention to .m2 • Met with and advised ECD staff on next every detail and flawless execution are steps for property in violation of the City's hallmarks of the day. Staff received praise E Rental Housing Inspection Program. and high marks for organization, 0 • Advised and assisted Parks staff on communication, and audience enjoyment. procurement of field lighting for Canyon • Parks Department staff coordinated and Ridge Middle School through the King produced a Get in the Game youth sports County Director's Association purchasing day at East Hill Elementary School. This cooperative. event was part of the ongoing Get in the • Advised Corrections and Clerk's Office staff Game youth sports initiative conducted in on applicable public records law in collaboration with the Kent School District. anticipation of body-worn camera The goal of the initiative is to inform and incentivize youth (parents and families) to Page 5 of 13 Packet Pg. 9 5.B understand the values and health benefits of their belongings, and forcing them into a sports participation, to get involved or pool after threatening them. continue involvement in sports programming On May 27, 2024, at approximately 10:40 while reversing the nationwide downward PM, officers responded to an armed robbery trend of sports participation that we see in at Walgreens. Initially, the employee our elementary, middle school and high reported stolen items by a female who left. school programs. 160- 3rd, 4th, and 5th Later, it was updated that the victim's grade students were introduced to soccer, wallet was stolen by a male suspect armed basketball, football, baseball, and track. with a gun and wearing a security jacket. Participants left with marketing materials, The male took the victim's purse after scholarship information, some fun swag, and demanding her property at gunpoint. the experience, knowledge, and confidence On May 28, 2024, at 5:02 AM, dispatch that THEY CAN PLAY. received a report of a shooting near 36 Ave a S/S 249 St. A male caller reported that his girlfriend had been shot, and he was driving Staff Changes: her in a car. Officers located them and stopped the vehicle at 259/Military. The , • Fowler, Cassi, Admin III, 6/1 female passenger had a single gunshot Major Emphasis Patrol wound to her back but was alert and E • DUI Emphasis, June 2024 talking, providing limited details initially. ,° Events and awards received Simultaneously, awitness from 24906 38 • Community Education Coordinator, Wood, Ave S reported hearing arguing followed by a Sara, 25-year Anniversary, 5/28 four gunshots. Officers found a casing in • Police Corrections Officer, Kinsella, Jill, 35- front of that house, indicating the shooting year Anniversary, 6/1 likely occurred there. They learned that a a • Officer Joss, Daniel, Letter of female involved in the incident had returned Commendation, 6/1 to the house after the shooting. Officers set N • Officer Corner, Garth, Letter of up containment and attempted to Commendation, 6/1 communicate with those inside. During this • Officer Davis, Justin, Letter of o time officers were at Harborview with the Commendation, 6/1 victim, who revealed that she was shot by 2 • Officer Nicholas De Var, WSP Award 6/13 the female resident of 24906 38 Ave S after N • Officer Liam Bertolacci, WSP Award 6/13 a dispute. The suspect had taken the c • Officer Matthew Flesher, WSP Award 6/13 victim's gun from her car and used it to E • Detective Lovisa Dvorak, WSP Award 6/13 shoot her. Hostage negotiators engaged w • Detective Luke Brandeberry, WSP Award with the suspect, and Valley SWAT was 6/13 called in. After deploying gas and breaching • Detective Daniel Yagi, WSP Award 6/13 the front door, the suspect surrendered. • Patrol Sergeant Matthew Levi WSP Award ° g She was arrested and taken to the hospital Activities/arrests/investigations for a K9 application. •� • On May 26, 2024, officers thoroughly On May 28, 2024, officers responded to a ' investigated a felony-level malicious threat in progress at Burritos El Incapaz. E mischief case at a barber shop on 212th and Despite language barriers, they determined US84th, which incurred over $8000 in damage an attempted robbery and harassment had from broken windows. Officers identified a occurred. The suspect, although difficult, suspect with prior conflicts with the shop's was arrested, and items related to the owners through video surveillance and an offenses were found in their backpack, interview with the suspect's ex. The case leading to a case filed by ELODI. was referred to detectives for further action. On May 29, 2024, at around 12:04 PM, • On May 27, 2024, officers responded to a officers were called to The Haven juvenile problem involving an assault where Apartments for an assault. A maintenance three juveniles attacked two others, taking worker encountered a squatter in a vacant Page 6 of 13 Packet Pg. 10 5.B unit who attacked him with a metal rod, On June 2, 2024, at approximately 12:09 causing head injuries. The suspect fled and PM, officers responded to a robbery at was not found. Signature Point Apartments. The victim • On May 29, 2024, at 9:48 PM, patrol units reported three known suspects forced entry, were dispatched to a three-vehicle accident assaulted him, and stole items from his at 221 Central Ave N. A Tesla ran a red apartment. They also coerced him into light, causing a collision with a Toyota and a signing over his vehicle. Prius. The Prius was forced into a wall, On June 2, 2024, officers responded to a resulting in a fatality. The Tesla driver was robbery at the 7-11 gas station. Four arrested for Vehicular Homicide. The Traffic suspects from a blue sedan entered the unit responded, and the commander was store, possibly armed, and stole cash and notified. items. Kent officers located the vehicle, • On May 31, 2024, at 7:00 PM, a carjacking leading to a pursuit and crash. took place at 511 S. Central, where the On June 2, 2024, at approximately 11:57 co victim's vehicle was taken at knifepoint. PM, officers were dispatched to a strong- • On May 31, 2024, a juvenile male was armed robbery at the Arco AM PM involving robbed of various items, including his cell three suspects, one of whom implied he had ; phone, backpack, laptop, clothing, and a gun. Kent officers pursued the vehicle into 0 shoes, by a group of Polynesian males, Des Moines, where it crashed, and one E likely students at Mill Creek Middle School. suspect fled. A K9 track was conducted ° • On June 1, 2024, at 2:55 AM, officers without success, and the vehicle was responded to Valli Kee Apartments for a impounded. a physical domestic involving a mother and On June 3, 2024, a suspicious death of KM daughter. The mother reported being student at Campus Park lot (dead end of S assaulted by her daughter, witnessed by a 252 ST). A young male was found face down Q. friend. Probable Cause for Assault 4 DV was in the parking lot. The investigation established for the daughter, who was discovered he had a single gunshot wound. ) L armed with a knife and barricaded herself in Detectives responded and took over. her bedroom. Despite attempts to de- On June 7, 2024, FBI Assistance with Arrest o escalate, the daughter refused to come out. the FBI requested assistance with an arrest > A warrant was issued, and officers used less on East Hill. They had been surveilling a W lethal options to arrest her safely. She was suspect and needed us to apprehend him on N later medically evaluated at Valley Medical outstanding warrants and then transport him c Center. to the KPD for an interview. After confirming E • On June 1, 2024, around 2:40 AM, officers the warrants, the suspect was arrested and w were dispatched to sounds of an illegal transported to KPD. discharge near 26200 116th. Two RP's On June 9, 2024, a male individual reported U reported multiple shots fired and yelling. that he returned home from jail and found a c Despite efforts, no incident was located as bomb on his floor. He then brought the officers were pre-empted for a priority call. device to his bail bonds office before calling •2 At 7:00 AM, officers responded to a report 911. The sergeant contacted the Port of ' E of shell casings at 26220 116th Ave. SE. Seattle bomb squad, who arrived and c They collected 41 9mm casings and are disposed of the device. It was determined to u gathering video evidence. No damage or be a homemade firework, like an M80. The victims were found at the scene. bomb squad dismantled. • On June 1, 2024, a victim reported being On June 10 at approximately 2:30 AM, shot at while parked at an industrial park officers were dispatched to a reported near 72nd Avenue and 228th St. The robbery at the 7-11 located at 13131 SE suspects yelled at them, followed their truck, 240th Street. The incident involved a and fired shots, hitting the vehicle. The robbery without weapons but included an suspects were not located. assault on the store employee. The suspects fled the scene in a bronze SUV and a blue Page 7 of 13 Packet Pg. 11 5.B sedan, possibly a Hyundai or Kia. Probable being discussed. Regular meeting held cause was established for robbery in the on May 29. Second Degree, and an area search was o First round of Ramp Cleanup has been conducted with no positive results. completed. Approximately 30 minutes later, Renton o Kent-Des Moines highway clean-up by Police aired information about tracking a the Department of Ecology has started 3SI tracker from an armed robbery they and planned for completion this week. had just experienced. Units responded to Ecology is working with WSDOT for the tracker location and identified vehicles traffic control assistance and will keep matching the descriptions from our initial the city posted of their progress. robbery. Both cars attempted to flee, Solid Waste Management Events leading to an authorized pursuit. The Kia Recycling: The 2nd big recycling event was crashed shortly after the quest commenced, held last Saturday, June 8th at Canyon a and the driver and passenger fled on foot. A Ridge Middle School. Close to a thousand K9 track was conducted, but the suspects vehicles came over to deliver recyclable = were not located. Guardian One and K9 materials. units from Auburn and King County assisted The next min-recycling event is scheduled ; in the search without success. Renton Police on June 21 at the Hogan Park. 0 Department assisted by impounding the Kia o Re+ grant outreach efforts for Kent E due to our limited space and upcoming businesses continues since the week ° pavinq work. of May 27. PUBLIC . . o Kent Cornucopia Days: Working with a Kent Lions and Republic Services to Survey provide food waste containers during V_ • Survey Field staff are providing construction the Cornucopia Days Fair. a staking on: 76th Ave Drainage o Kent Now Podcast: Staff was Improvements, Reith Road Improvements interviewed Monday, June 10 for the ) and boundary stakes for Parks and PW Kent Now Podcast to discuss water 4) Operations. , conservation, Washington States new o • Survey Professional staff are preparing Styrofoam ban, and benefits of Record of Surveys on CIP projects and compost use. reviewing Design plans for CIP projects. M • GIS staff are entering project utility As-built o Outreach: Working with N Communications staff to boost Haz •c data in the GIS, fulfilling daily public records Waste messaging during the month of E requests, testing the New GIS Request June using HWMP grant money. w Portal, supporting the Amanda/ECD data Boeing Rock Recreation/Habitat Enhancement 2 validation process for addressing and . Site visit with the consultant to assess site U coordinating with IT on Data Warehousing. conditions last Tuesday, June 4. Site visit c Environmental with the Habitat Work Group last W • Site Clean-up (Mayor's Homeless Task Wednesday, June 5. force/On-Call Garbage Contract/State Ramp . Source Control and O&M Inspection Litter Clean-Up): Program: Staff continues to conduct source E o Requests for contract for on-call control, operation and maintenance and c i clean-up of various city-owned fats, oils and grease (FOG) inspections. properties and ROW have been routed Heavy focus has been spent on sites that for approval. COW presentation have received correction notices for multiple scheduled on June 18. violations. Staff have spent a great deal of o Staff continue working with the time corresponding with tenants and contracted vendor to cleanup multiple property managers along with onsite city-owned properties/ROWS and meetings discussing violations and providing state-owned ramps. Locations and technical guidance to these businesses. priority areas have been identified and Page 8 of 13 Packet Pg. 12 5.6 • NPDES Database Testing: Staff is pilot Opening scheduled for Jul 2. Council meeting testing two potential NPDES database Jul 16. options to replace the current end-of-life • S 212th St Preservation - Green River Bridge Prism database. to 72nd: 60% review distributed May 30. • Clark Springs Habitat Conservation Plan Comments are due Jun 14. Contact Alex (HCP) Annual Report: The 2023 HCP Annual Murillo with any questions. Report was completed and submitted to the • S. 224th St - Phase 3 West/Stage 1: Soos US Fish and Wildlife Service and National Creek Water/Sewer discharge options Marine Fisheries Service on June 7th. continue to be discussed. • King County Flood Control District: The • 2024 - Mill Creek Reestablishment: Planting Flood Control District Board of Supervisors plan is underway. Upon completion, it will be is reviewing the annual mid-year budget shared with Drainage District 1 to facilitate adjustment at their meeting on June 11th. waterway management. Letters sent to a The proposed adjustment includes $20 Kennebeck residents to update them on co million for needed repairs to the Desimone project status. Levee, which is in Tukwila but protects a • East Hill North Park Access Improvements - large portion of the north end of the Kent 132nd Ave SE (SE 214th St to SE 218th St) ; Valley and was damaged in the large storm Scoping and Estimate Phase: Access options 0 in February 2020. The Flood Control District identified, and preliminary quantities E is moving forward with a visioning workshop developed. ° for the Lower Green River Corridor which Mill Creek Reestablishment - 76th to UPRR: will include city and county staff as well as Prepared preliminary construction cost a stakeholders. estimate. Coordination for maintenance Design easement continues. • 2024 Pavement Preservation (Overlay): Mill Creek Reestablishment - Little Property a TCP's sent to WSDOT for review for Central Floodplain Channel: Team is gathering Ave south of 167. information to submit SEPA. Continuing to ) L • 2024 Water Main: 90% designs sent out for coordinate with Lumen for facility relocation. review on 6/5/24 with 6/26/24 requested 2025 Pavement Preservation: Conducted o due date. field visit to verify work items at several a) • 74th and Willis Intersection Improvements: locations. Critical path items: finalizing W Project Design submitted to WSDOT on 5/17 project scope, complete street process, and N and only one comment received back, need gathering field data. Refining project c approved design for WSDOT Construction schedule. Tentative advertisement scheduled E Agreement. Met with WSDOT and TCP for Feb 2025. w consultant for TCP direction, need schedule Canyon Dr & Weiland St Access Control t from consultant. West Hill Water Project is on the WSDOT State Transmission Main: Evaluating existing 12" Transportation Improvement Plan (STIP). c WM crossing on west side of SR516 (Benefit and design funds have been obligated. W Cost Analysis underway) 104th Ave Pedestrian Safety • Willis Street Road Diet (2nd Ave South to Improvements: Project is on the WSDOT ' E Central to Ave South) / BNSF Quiet Zone: State Transportation Improvement Plan c 30% design sending out for review this (STIP). and design funds have been U week. obligated. • KEHOC Design Support (Fiber and PSE SR 99 Pedestrian Hybrid Beacon - S 250th Electric): Evaluating Fiber connection from St Vic.: Project is on the WSDOT State Kent Police/Fire Training Center on 116th to Transportation Improvement Plan (STIP). the new site. PSE Electric connection being and design funds have been obligated. upgrades and re-routed to serve the site. Pedestrian Hybrid Beacon - 108th Ave SE at • MMoM - 64th & Meeker and Kent Elementary Panther Lake Library: Project is on the Frontage: Project advertised Jun 11. Bid WSDOT State Transportation Improvement Page 9 of 13 Packet Pg. 13 5.B Plan (STIP). and design funds have been obligated. • S 224th St - Phase 3 East/Stage 2: Coordinating with Lumen and ECD/Permit - Center for proposed Lumen improvements on S 216th St. Soos Creek Water/Sewer requested design assistance for watermain =� - work. Construction •= w • Washington Ave S Stormwater Pump Station: Electricians on site installing conduit for pump station controls this week. t Asphalt paving restoration on Hawley Road and West Valley Highway scheduled for Juneco 13th and 14th weather permitting. • 84th Ave S (East Valley Highway) - Preservation - S 212th St to S 196th St: +, ; Contractor continues forming and pouring 0 new ADA ramp improvements. Electrical E subcontractor installing junction boxes and ° new pedestrian crossing hardware. Contractor completed northbound concrete a road panels, all but the PSE vault panel. Opened to traffic late Friday 6/7. Crews worked the entire weekend of June 8 & 9 0 a replacing the failing sewer line at S 200th Mill Creek / 76t" Avenue S Culvert St. Replacement was complicated by an N unknown double steel sleeve over the Improvements: Water main tie-ins existing asbestos concrete sewer main. completed last week. PSE crews deactivated the gas main at the 76 rigid inclusions last o Backfill completed 10 PM Sunday night. week. Malcolm Drilling has mobilized, and Dewatering scheduled to be removed rigid inclusions are scheduled to begin L Monday, 6/10. Milling of road between Tuesday, June 11. Contractor scheduled to N 212th and 196th scheduled to begin :c Monday night, 6/10 and continue through begin off-site storm work this week. E the week. Pavement di outs scheduled to 2023 City Safety Road Diets: Contractor a begin Friday night, 6/14. New asphalt completed cutting loops at 259t" and 4t" paving will proceed on the night of Monday, Ave. Work suspended until graduation June 17...weather ermittin ceremonies are completed at Accesso E ShoWare. Work scheduled to resume at g Smith and Lincoln night of June 21st. I$ C FO.CY t E _ 0 i' Page 10 of 13 Packet Pg. 14 5.B • Reith Road Roundabouts: Water main work Well, Seven Oaks Well, 3.5 Tank, Kent POD has begun at Reith Rd and 46th St. Expected #3, and the West Hill Sites. to continue all week. Clearing and grubbing • Street Vegetation staff performed continues this week. maintenance on the planted traffic islands on • 2024 Crack Sealing: Crack sealing work is Pacific Hwy S from S 277th St to SR 516, proceeding in several residential areas performed maintenance and removed weeds beginning the week of June 10. Work on SE and litter from the planted beds on W James 244th and Military Rd is schedule for the St, performed pruning of trees and shrubs week of June 17. S 228th is scheduled for using a pole saw and hedger on Lake first week of July Fenwick, performed mow at 88th Ave S and Streets S 218th St, performed mow and line trim on • Street Maintenance crews cleaned sidewalks E Valley Hwy from E James St to S 192nd St at the southeast corner of E Titus St and R and at 88th Ave S and S 218th St. Smith St, performed hot patch overlay at • The Sidearm mower crews mowed along co 2nd Ave S and W Saar St, ground and hot 144th Ave SE from S 280th St to SE Kent = patch inlay on W Meeker St between Russell Kangley Rd, 152nd Ave SE from SE Kent Rd and 64th Ave S at 206th St and 80th Ave Kangley Rd to S 280th St, 152nd Way SE ; S, ground and pave roadway on Lincoln Ave from SR 516 to SE 256th St, S 272nd Way 0 N between W James St and W Smith St, from Lake Fenwick Rd to Pacific Hwy S, E poured and backfilled sidewalks on S 208th Pacific Hwy S from S 272nd St to S 240th St, 0 St between 110th Ave SE, performed core 72nd Ave S from S 262nd St to S 277th St for sign installation on E Gowe St between and along S 196th St from S 108th St to S a Railroad Ave S and Central Ave S, and 124th St, and performed cleanup work at hauled asphalt grindings and millings at 120th Ave SE and SE 240th St. various locations Citywide. • Wetland Mitigation crews line trimmed and a • Signs and Markings crews installed bases on removed litter and weeds at the Downey Military Rd S, north of Veterans Dr and on site, sprayed for weeds and built the ) L SE 274th St, east of 126th PI SE, picked up irrigation system at Eagle Tree, Swan Court, traffic control from event on 1st Ave S Frager Rd Cottonwood sites, and the o between E Gowe St and E Titus St, cleaned Pollinator patches at 24108 112th Ave SE. > islands in preparation for painting at various Water/Sewer locations in the Valley, performed vehicle • Distribution crews have worked on the N safety checks at the Shops, and updated replacement of 600' of 8" ductile iron pipe c sign inventory in GIS and performed sign on 276th between SE 120th and SE 118th E maintenance at various locations Citywide. St. Crews have finished laying pipe and w • Solid Waste staff cleaned up debris along finished pressure test chlorine injections. 2 124th Ave SE from SE Kent Kangley Rd to The first set of purities have been taken and U SE 256th St, 116th Ave SE from SE 208th St the job is on schedule to be completed on c to SE 216th St, Military Rd S from Kent Des time. The crew has also been pushingcc Moines Rd to S 240th St, and along Lake forward on completing the DOH requirement •2 Fenwick Rd from 51st PI S to S 272nd Way, for lead service line inventory and installed litter signs and Adopt-A-Street sign inspection. The hydrant crew just installed a c work at various locations Citywide, and new fire hydrant at 23900 block of 104th. U performed hot spot inspections and Crews also poured and finished a sidewalk responded to service requests at various panel from a previous hydrant replacement locations Citywide. SE 272nd St/123rd PI. • Water Vegetation crews mowed and trimmed Sewer staff have been maintaining the at Clark Springs, Kent Springs Lower, schedule with sewer line cleaning Webster Park, Guiberson Corrosion, throughout the city. They just finished a Pumpstation #2, Woodland Way PR, the spot repair on a sewer line at 25650 SE 212th Treatment Plant, 108th and 208th 102nd PI. Crews also have been using the Page 11 of 13 Packet Pg. 15 5.6 new asphalt trailer to fix and repair utility and performed site checks at various Sewer patches Citywide. and Storm pumpstations Citywide. Source, Supply and Pumpstations Storm Drainage/Vegetation • Source and Supply staff have exercised the • Storm crews installed a catch basin repair at Kent Springs Well to prepare source for 833 3rd Ave N and at 25438 1141" Ave SE, pumping, performed the 1-year tank performed a casting replacement at 13240 inspection at the 6 MG 1 tank, performed a SE 231St St, installed staff gauges at Downey bearing inspection on pump 3 at Farm Stead, cleaned for TV at 122nd PI SE Pumpstation #5, isolated the 640 Tank and and SE 199t" St, performed maintenance at switched to Proportional Integral Derivative the Vactor site and performed ditch, vault (PID) mode at PS 1 to feed the 640 zone for and tank inspections at various locations foundation work at KEHOC, submitted bid Citywide. Crews also performed National request to replace the security fence at Pollutant Discharge Elimination System a Pumpstation #3 and performed preventative (NPDES) inspections on SE 218t" PI at 110t" CO maintenance checks and oil and filter Ave SE and at SE 2215t PI and 116t" Ave SE, _ changes on generators at various 110t" Ave SE at SE 223rd St and at SE 219t" pumpstations Citywide. PI, 109t" PI SE and SE 227t" PI, 104t" Ave SE • Water Quality staff have performed T-run and SE 267t" St and at SE 220t" PI and 108t" 0 sampling, finalized the 2023 Consumer Ave SE. E Confidence Report (CCR) for printing and • Wetland Maintenance crews mowed and line ° mailing post cards by August 1st, 2024, trimmed at Roses Meadow B at 12731 SE prepared Garrison and the 212th Treatment 2615t PI, Tahoma Vista A at 13320 SE 252na a Plant for seasonal operation and order St, Tahoma Vista B at 13401 SE 252na St, chlorine, received caustic delivery at PS 5, Meadow Hills at 25337 1215t St, Heritage prepared sample bottles for THM/HAA5 Court at 10528 SE 2715t St, Kensington High Q. (disinfection by-products) collection and at 24614 128t" PI SE, the 256t" Flume at W worked on the daily, weekly, and monthly 25902 146t" Ave SE and at Countryside at ) L Water Quality Report training. 24913 133rd Ct SE, Hannah's Wetland at W • SCADA staff continued to troubleshoot 13222 SE 262nd St, Signal Electric at 1001 0 SCADA access and get all staff connected, 3rd Ave S, Meridian Pointe B at 24310 1315t > transferred access to the new SCADA system Ave SE, Village Creek Estates at 24327 1315t Z and removed the old callout list, performed a Ave SE, and at Village Creek Estates B at N shutdown of the old SCADA servers and 11905 SE 245t" PI, mowed, sprayed, and c moved to new servers, wired up the Lagoon. pulled tansy and poison hemlock and E • Variable Frequency Drives (VFD) cooling sprayed for invasive weeds at the Boeing w exhaust fan, assisted with the source Ditch at 6719 S 112t" St, cleared boxes and 2 changes at PS 1 and at Kent Springs and wires at GRNRA at 22306 Russell Rd, and U replaced conduits and electrical for the checked for homeless encampments in c generator upgrade project at Victoria Ridge. wetlands at various locations Citywide. The total demand was at 7.5 and 7.6 million • Holding Pond crews line trimmed and mowed •2 of Gallons per Day (MGD) and the Tacoma at the Trampoline Pond at 11215 SE 252na order was at 1.5 MGD. St, Winsburg Haven at 12749 SE 237t" PI, c • Pumpstation crews prepared for Chancellor Park at 13101 SE 240t" St, U Programmable Logic Controller (PLC) Bishops Landing at 13525 SE 233rd St, Kent replacement at the Lindental Sewer PS, Highlands at 23862 125t" PI SE, Kent exercised the recirculation pumps at Foster, Highlands #2 at 11817 SE 255t" St, Weisner James St and the 64t" Ave Storm at 24411 130t" PI SE, Wildwood Estates at Pumpstation, installed an exterior cooling 135525 SE 233rd St, Hazelwood Meadow at exhaust fan for the Lagoon discharge pump 251158 117t" Ct SE, Walnut Park Apartments VFD, monitored Lagoons upstream outlet at 11108 SE 251St Pl, SE 240t" gauge with pump running = 4.' From 4.97' Improvements at 12329 SE 238t" PI, Westminster Place at 24921 115t" Ave SE, Page 12 of 13 Packet Pg. 16 5.B Hemlock Acres at 11203 SE 23711 PI, Teresa Lane Short Plat at 23925 113th PI SE, Sunnfjord at 24806 118' Ave SE and the other Sunnfjord at 11712 SE 249th St, Horseshoe Storm Pumpstation at 8425 S 259th Ave, Union Pacific at S 260th St and 74th Ave S, Lindental at 26432 118th PI SE, 3rd Ave Pumpstation at 1000 3rd Ave S and at the Upper Mill Creek Pumpstation and the Dam at 26710 104th Ave SE. Fleet/Warehouse • The Warehouse crew have continued to assist with CDL training, maintained the a 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) and motor pool vehicles to L) staff and hydrant meters to contractors, E repaired small equipment as needed, ,° received parts and inventory orders, hauled spoils as time and equipment were available a and inventoried the small attractive assets. • Fleet staff built and delivered new vehicles, V_ worked on upfitting new vehicles, set up the a Storm Drainage and Parks department trucks and will be starting on the set up of the new ) L Street Vegetation and Storm Vegetation trucks soon, ordered parts for new builds, o performed air brake inspections, worked on > body shop repairs, prepared old vehicles for the June auction, and worked on scheduled N and non-scheduled maintenance repairs. ### E a w a� U c O W O v E E O V Page 13 of 13 Packet Pg. 17 8.A.1 KENT WASHINGTON CITY OF KENT CITY COUNCIL SPECIAL WORKSHOP Friday, May 24, 2024, 8:30 a.m.—4:30 p.m. Green River College Campus a@ Kent Station - R MEETING CONSENSUS AGREEMENTS AND MINUTES O L Q ATTENDEE' Council President Satwinder Kaur; Councilmembers Bill Boyce,John Boyd, Brenda Fincher, Marli Larimer, Q Zandria Michaud, and Toni Troutner; Mayor Dana Ralph; Chief Administrative Officer Pat Fitzpatrick; CAO and Executive Assistant to the Mayor Cassi Fowler; Executive Leadership Team (ELT) members Chad Bieren (Public Q Works), Mike Carrington (IT), Kari Endicott (representing Holly Harvey-Smith/Human Resources), Kurt Hanson (Economic and Community Development), Kim Komoto (City Clerk), Paula Painter (Finance), Julie Parascondola 00 (Parks, Recreation,and Community Services), Raf Padilla(Chief of Police), Uriel Varela(Race and Equity),and Tammy N 0 White (City Attorney); Staff Members Rob Brown (Public Works), Michelle Ferguson (Finance), Kristen Holdsworth N (Economic and Community Development), and Kelly Peterson (Public Works);Facilitator Jim Reid N R A NOTE REGARDING COUNCIL'S SPECIAL WORKSHOP 2024 N a� This year's agenda included issues originally recommended by Council President Satwinder Kaur, Mayor 9 Dana Ralph, and Chief Administrative Officer Pat Fitzpatrick, and expanded on and endorsed by Councilmembers Boyce, Boyd, Fincher, Larimer, Michaud, and Troutner. Therefore, the issues discussed c were of interest to all eight elected officials and of the highest priority for the City. Q. a� U ELT members and staff played an important role during the workshop. Each topic of discussion began with a a presentation, including Power Point slides,that provided context, addressed key questions, and framed the Council's discussions. c This summary documents the Council's consensus on the five biggest issues on the workshop agenda, i.e., the issues for which Mayor Ralph and her staff were seeking direction from the Council. They are listed below.Two other issues on the agenda did not require Council direction.They were briefings and updates. This summary constitutes the meeting's minutes. Page 1 of 7 Packet Pg. 18 8.A.1 SUMMARY OF THE COUNCIL'S CONSENSUS AGREEMENTS 1. STATE ASSISTANCE IS NEEDED TO SUSTAIN PUBLIC SAFETY RESOURCES The foremost question that the Councilmembers answered during the discussion of public safety was this: "What are the options for generating sustainable funding for public safety?" The Council and Mayor Ralph agreed that all of them need to join together to advocate at the State Legislature for state funding to support local efforts to ensure public safety. Because they recognize that this is a statewide issue, they also agreed to work to place state funding for public safety on the 2025 legislative agenda of the Washington Association of Cities(AWC),and to organize South King County cities, including Auburn, Renton,and Federal Way,to advocate to AWC and the legislature for statewide funding. In focusing on Olympia,the Council agreed that now is not the time to bring a public safety ballot measure to Kent's voters. 4- 0 These facts, presented by Police Chief Raf Padilla and echoed by the Mayor, were central to Council's consensus agreement: 0 L Q ■ Kent currently has the lowest ratio of officers per 1,000 residents of any city in the Puget Sound Q region. With 167 officers, Kent' ratio is 1.2 officers per thousand. M ■ Today's ratio is less than the ratio of officers per one thousand residents in Kent during 2018. a 0 ■ The Police Department is maximizing its resources to prevent crime and to stop crimes while o they are occurring.Yet response times must be improved, more prevention patrols are needed, N and greater traffic enforcement, including speed limit enforcement, is needed because of an N increase in speed-related collisions. .;f ■ Chief Padilla estimated that to strengthen services in these areas, the department needs 200 >, police officers, thirty-three more than the current number. One officer would cost the City approximately $165,000—200,000 annually. That does not include the costs of the patrol car 0 (estimated at$100,000 plus maintenance and future replacement costs), uniform, equipment, or overtime. ' c ■ Given property valuations in Kent,raising propertytaxes would not provide sustainable funding for public safety. For example,to raise$10 million,the City would have to raise property taxes 30%, meaning that the average household would pay$159 more per year. ■ Council unanimously expressed support for going back to the State Legislature to seek councilmanic authority to raise the sales tax. a N 2. COUNCIL ENDORSES A NO GROWTH BUDGET FOR 2025-126 °r 0 c The principal question that the Council answered during the discussion of the 2025-'26 biennial budget was this: "Is the Council willing to adopt a no growth budget?" Council agreed to do so. Councilmembers also agreed to explore the option of raising the City's $10 million cap on the Business and Occupation (B&O) Tax beginning with the 2025'26 budget, and/or making other adjustments to the B&O tax structure.The option,with a number of variations,will be discussed during a budget workshop that Mayor Ralph and Finance Director Paula Painter will organize for Council during the budget process. Page 2 of 7 Packet Pg. 19 8.A.1 Paula theorized that if the cap were raised to $20 million for businesses with a certain number of employees and/or a certain profit margin, 16-19 businesses that currently take advantage of the $10 million cap could see their B&O taxes increase. None of these businesses are headquartered in Kent;they are more likely to be nationwide organizations headquartered elsewhere. The Council's consensus agreement was based on the fact that the structural imbalance in Kent's budget will lead to deficits of a couple million dollars per year starting in 2025. Reiterating a point made during the public safety discussion, the Council does not believe that a property tax increase at this time would provide sufficient revenue to prevent projected deficits. A concern was expressed that a status quo budget might lead to the stagnation of services. Staff assured the Council that they continue to look for even more creative and efficient ways to deliver services to maximize the use of resources and maintain high quality standards. Councilmember Bill Boyce urged the c City to look beyond the upcoming biennial budget to forecasts three, six, or more years into the future. The long-term picture may differ from what the City is experiencing today. Mayor Ralph reiterated that if, o during the 2025226 budget process, Councilmembers wish to propose a new program, the City would @ need to find existing programs to reduce or eliminate. This prompted Councilmembers to observe that ° the City's services are valuable and beneficial,which would make it difficult to identify or agree on any to Q be cut. a 3. COUNCIL AND ADMINISTRATION SHARE AN INTEREST IN A SUSTAINABLE TRANSPORTATION M SYSTEM co N The City Council appeared to be impressed by and supportive of Public Works Director Chad Bieren's N comprehensive presentation on the City's transportation system, including the vision and goals, planning N structure,community outreach,2024 Local Road Safety Plan,and challenges,among them street light and signal damage, wire theft, and the federal mandate regarding retro reflectivity line striping to guide self- 2 driven cars. The presentation focused on two themes: 1) the City's transportation system needs o approximately$16 million per year for maintenance but current revenues supply roughly one-third of that amount; and 2) unlike the City's utility funds (Water, Sewer, and Drainage), the Street Fund has no dedicated capital funding, as maintenance needs and staff salaries consume the entire fund. Federal and/or state grant dollars provide available money for new construction, while maintenance dollars are used as required grant-match. Q. a� The Council and Administration share an interest in a sustainable system. A key component of Q sustainability currently is the City's success in obtaining grants,a few of which pay the full cost of a project. Chad stated that the City's priorities are often based on the eligibility of grants to pay for certain projects. During this discussion a theme that underlined the discussions of public safety and the budget came into sharper focus: In a time of limited resources and not many viable options to secure more, the City must be flexible, resilient, creative,focused, and patient. 4. ON THE ISSUE OF AFFORDABLE HOUSING, KENT FACES A UNIQUE CHALLENGE The Council's discussion with Kurt Hanson and Kristen Holdsworth of ECD illuminated a unique challenge facing the City. Kent has disproportionately more extremely low income, very low income, and low- income housing than many other cities in the region, and less housing that is workforce or above market rate. The Comprehensive Plan update process includes a new state law requirement to plan for and accommodate housing at all levels of affordability.Through the King County process to identify needs by Page 3 of 7 Packet Pg. 20 8.A.1 income level, it has been confirmed that, like other South King County Cities, Kent is in a unique position. Of the 10,200 new housing units required,60%need to be affordable for workforce and market rate levels of income (80%AMI). The Council and Kristen discussed the City's primary needs: 1) place housing by transit; 2) help generate homeownership opportunities; and 3) preserve naturally occurring affordable housing (NOAH). In addition, Kristen highlighted numerous ways in which Kent is trying to attract a wider range of housing options and the City's leadership among the South King Housing and Homelessness Partners(SKHHP).One illustration of that leadership is Kent's recent investment of $7 million to SKHHP, which is funding numerous projects in Kent and in South King County. In addition, Kristen provided a summary of half a dozen new housing requirements Kent will need to implement by June 2025 to meet basic requirements of new state laws. These new state laws, combined c with extra processes added by the King County Affordable Housing Committee Comprehensive Plan review process, are requiring additional staff time not previously anticipated. It was noted that King o County has hired several new full-time staff to review Comprehensive Plans submitted by cities,and more @ resourced cities have also responded similarly to meet new requirements. a Q. From the discussion of these issues, it appeared that the Council is most interested in: 1) ensuring that Q the City's housing stock serves the needs of all income levels, including workforce and market rate; 2) M a reducing the cost of new homes while retaining environmental standards; and 3) continuing to build and M maintain partnerships with other cities, King County,the state,and the private sector to meet the housing co needs of Kent's residents, paying particular attention to added requirements to process time. o N A final note: Kent's Comprehensive Plan, including the housing element, must be updated by the end of N this year, and the Zoning Code will be updated by the middle of 2025. Many of the issues that the Council discussed at this workshop will be discussed again during the process of updating the Comp Plan, Kent City Code, and in regional forums focused on the Countywide Planning Policies and 2044 growth targets. ° a� 5. OPEN PUBLIC MEETINGS ACT Tammy White, City Attorney, provided an overview and refresher of the Open Public Meetings Act. c ° 6. COUNCIL AGREES THAT CITY SHOULD EXPLORE PURCHASING NEW CITY HALL Q- a� U Julie Parascondola, Director of the Parks, Recreation and Community Services Department, provided a Q detailed overview of the challenges the City faces in operating and maintaining its diverse facilities. As a r result of their discussion with her, the Councilmembers unanimously endorsed the Administration's c recommendation that the City explore the feasibility of purchasing a building outside downtown Kent to refashion into a new municipal center.The Council also urged Mayor Ralph and her team to be proactive in communicating with the public about the reasons for and benefits of the move,should it be determined that it is in the best interests of the City and Kent's residents. The Council's interests in agreeing to a ninety-day exploration of the building purchase were: 1) safety and well-being of City employees and everyone who visits City Hall; 2) smooth, efficient, and continuous functioning of City government; and 3) minimize the costs of facility operations, maintenance, and preservation. Page 4 of 7 Packet Pg. 21 8.A.1 COUNCIL TALK TIME AND THE TAKEAWAYS FROM THE WORKSHOP As the workshop drew to a close, Councilmembers were asked if they had any additional issues to add to the Council's future agenda.Three were mentioned. A. Councilmember Brenda Fincher suggested that the Council revisit tiny houses during a future workshop. The majority of the Council stated they were not interested in revisiting this issue. Council President Kaur suggested that the issue might come up later this year as part of the larger discussion of housing options to be discussed in the City's Comprehensive Plan Update. Staff noted that tiny homes are one of many options to meet the 0%-30% AMI need. Based on the preliminary Draft EIS,all growth alternatives already include sufficient capacity to meet the 0-30% AMI level of affordability. Tiny homes might be an additional option the City identifies for policy direction when updating the plan's housing element. B. A second issue to revisit may be the sale of marijuana within Kent.The Council concluded it may c be a topic for discussion within the context of the development and debate over the 2025-'26 budget. If it is discussed, Councilmembers said that both the revenue enhancements and the o costs, particularly to public safety, would need to be factored into the conversations. Q C. Finally, might the City consider extending its rental inspection program to include single family a homes that are rented?This could mean that homeowners who rent their homes must first obtain o M a City license. No timetable or process for exploring this issue was mentioned. co N The last business of the day was identifying key takeaways from this year's workshop. These were N mentioned: 1) We need to find more revenue options; 2) The refresher on finances and financial N management was very helpful; 3)All the presentations by ELT members and staff were excellent;4)These meetings are a great opportunity to explore ideas, choices, and solutions, and to build understanding and trust; and 5)Thank you to the staff for the preparation that went into this workshop and for the work you ° U) do every day. c ui U c Q. a� U a N N r 7 C Page 5 of 7 Packet Pg. 22 8.A.1 Appendix MAJOR ACCOMPLISHMENTS OF 2023 AND EARLY 2024 COUNCIL AND MAYOR'S LIST The retreat began with Councilmembers and the Mayor identifying what they consider the City's major accomplishments of last year and the first few months of this year. Once they had each spoken twice,the ELT added to the list. First, here are the most important and noteworthy accomplishments of last year that the Council and ;n Mayor Ralph identified: c ■ Progress in advancing the Kent East Hill Operations Center(KEHOC). 4- 0 ■ The employees,who continue to do excellent work on our behalf and for the residents of Kent. ■ Public Safety is fully staffed and the staff is more diverse than ever. 0 a ■ Our contract with the Regional Fire Authority (RFA). Q ■ The reopening of Van Doren Landing. M Q ■ Reopening of a number of parks and the renovation of some parks and park facilities. o M ■ A more diverse workforce. oo ■ ECD hosted amazing events, such as the STEM Festival. N ■ Our work during the 2023 Legislative Session on Blake. N ■ Our contribution of millions of dollars to the South King Housing and Homelessness Partners ■ Co-responder model. 0 ■ The continuity of the ELT.Thank you! ■ Legislation#5606 to address illegal street racing. ■ The City's new language access plan. U ■ Relaunch of Green Kent. ■ Uriel's work to advance the Equity Plan. 4) U ■ The consistency and purposefulness of our economic development efforts. Q ■ The Finance Department is doing an awesome job. r 0 ■ IT Department's security work is preserving the safety of data. ■ The Police Department's care in its data collection. ■ Training of police officers in race and equity. ■ Millcreek's reestablishment. ■ Police dashcam and keeping the revenue generated by the cameras. ■ Maintenance and upgrade of the City's bridges. Page 6 of 7 Packet Pg. 23 8.A.1 ELT'S LIST Next, the ELT members identified and expanded on the significant achievements of their departments in 2023. ■ Kent's leadership in Olympia on the legislation to address public use of drugs. ■ Phoenix Court. ■ Hiring Kristen Holdsworth,who was influential in the development and passage of state legislation in 2023, and who worked to protect the City's interest. ■ Enterprise "Amanda" replacement,the permitting system. A process improvement with the goal of greater efficiency. m ■ The partnership of the Police and IT Departments to replace and upgrade the Access Management System. ■ The City's work to address public use of drugs and illegal street racing gained the attention of o Police Chiefs at their recent two-day conference. The City got many acknowledgements and was > hailed for these "model ordinances." ° a ■ The Kent East Hill Operations Center(KEHOC). Q ■ The Public Safety and Law Departments' collaboration to remove homeless encampments in environmentally sensitive areas. More residents of the encampments are accepting services. a 0 M ■ The grants obtained by Public Works. co ■ Parks have reopened and more people than ever are using them. We are now able to track use. No N ■ Riverbend. .;f N ■ Parks and Recreation was awarded for being in the Top 100 in the use of social media among parks agencies across the nation. ■ Earthworks project. N a� ■ Race and Equity Strategic Plan, and the level of engagement of staff in the training. ■ Funding of the Drug Court. ui U c After these lists were compiled, everyone agreed that a key component of recent successes was ;a persistence. Many of the successes listed above were the result of years of focus and dogged pursuit.They 4) didn't happen overnight, and they needed champions. Teamwork and "thinking outside the box" were a also present in many of these accomplishments. We have broken down silos, promoted cross-the- organization collaboration, and found creative new ways to advance our vision, goals, and projects. We c have shown we are willing to take risks. And, as Councilmember Boyd observed, "We work as a family." The#1 barrier or obstacle to our success has recently been the State Legislature. We need to continue to build our presence there, both as the City of Kent and in partnership with other cities, counties, interest groups, and private enterprises. Respectfully submitted, Ki vw V_&WVofa- Kim Komoto City Clerk Page 7 of 7 Packet Pg. 24 8.A.2 4 ,00 • Pending Approval KENT Minutes for the May 28, 2024 1147W A S H I N G T O N Special Joint Workshop of the Kent City Council and Boards and Commissions SPECIAL JOINT WORKSHOP MINUTES: Kent City Council Land Use and Planning Board Bicycle Advisory Board a� May 28, 2024 6 p.m. - 8 p.m. Kent City Hall ° Chambers c 220 Fourth Avenue South Q. Kent, Washington 98032 Q For the purpose of: a 2044 Comprehensive Plan 00 The meeting began at 6 p.m. N ATTENDEES: N Name Title ao N Jennifer Tresse Arts Commission cv Kerry French Arts Commission O Renee Hazen Arts Commission to a) Allison Ho stad Bicycle Advisory Board c Julie Dunn Bicycle Advisory Board Prem Subedi Bicycle Advisory Board v c Thom Bader Bicycle Advisory Board r Tim Irwin Bicycle Advisory Board v Wendy Graves Bicycle Advisory Board a John Boyd City Councilmember ayi r Marli Larimer City Councilmember c Satwinder Kaur City Councilmember Toni Troutner City Councilmember Zandria Michaud City Councilmember Davies Chirwa Diversity, Equity, Inclusion and Belonging Board Mizan Rahman Diversity, Equity, Inclusion and Belonging Board Priscilla Ndlovu Diversity, Equity, Inclusion and Belonging Board Rebecca Riffle Diversity, Equity, Inclusion and Belonging Board Trimarco Green Diversity, Equity, Inclusion and Belonging Board Erny Haruo Human Services Commission Packet Pg. 25 8.A.2 Gwen Allen-Carston Human Services Commission Rickie Robinson Human Services Commission Bryan Kesterson Land Use and Planning Board Justus Phelps Land Use and Planning Board Sally McDonough Land Use and Planning Board Shane Amodei Land Use and Planning Board Gaila Haas Lodging Tax Advisory Committee Elizabeth Carter Parks and Recreation Commission Kristie Duggan Parks and Recreation Commission Matthew Morgan Parks and Recreation Commission N a� Miriam Alvarez-Pintor Parks and Recreation Commission C Scott Taylor Parks and Recreation Commission O The Comprehensive Plan team hosted a special meeting to discuss findings from studying the 6 three potential growth alternatives. After a brief presentation providing an overview of the i project, meeting participants gathered around tables to play "KentQuest: Building Tomorrow a Together." It is an interactive activity/game where members learned about potential growth Q impacts, trade-offs, and priorities. They then used tokens and gems to weigh in on topics to help the project team understand excitement, concerns, and potential investments and a 0 mitigation measures around the three growth alternatives. Ultimately, results from this event co as well as other community events will help inform the City's selection of a preferred growth N alternative. o N 06 The meeting ended at 8 p.m. N Respectfully submitted, 2 4- 0 U) as Kim Komoto S City Clerk ui c r a as U U a N N r 7 C Packet Pg. 26 8.A.3 Pending Approval City Council Workshop • Workshop Regular Meeting KENT Minutes WAS M IN G 7 0 N June 4, 2024 Date: June 4, 2024 Time: 5:15 p.m. Place: Chambers I. CALL TO ORDER Attendee Name TitleMIrm Status Arrived m Satwinder Kaur Council President Present c Bill Boyce Councilmember Present John Boyd Councilmember Present o Brenda Fincher Councilmember Present Marli Larimer Councilmember Present ° a Zandria Michaud Councilmember Present a Toni Troutner Councilmember Late 5:27 PM a II. PRESENTATIONS 1 Traffic Calming Update Erik Preston 45 MIN. N O N Engineer, Honey Maria presented the Residential Traffic Calming Program 4 (RTCP) update to the Council. ; The RTCP continues to address livability concerns in the City of Kent's neighborhoods. It gives residents a formal process to bring their concerns ; about speeding and cut-through traffic on residential streets to the attention S of the City. as c Maria detailed program statistics from 2018 - present (185), talked about a closed requests and those awaiting a traffic study. An overview of the projects that meet the program thresholds. a N N Since the 2023 update to Council, the City has: 22 new requests received 15 studies evaluated 11 studies scheduled 1 study qualified 20 studies closed out 5 Post-installation studies Maria talked about the public process and detailed neighborhood meeting information, provided statistics on current projects, including those in construction, and post installation studies. Packet Pg. 27 8.A.3 City Council Workshop Workshop Regular June 4, 2024 Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... In April 2022 Council lowered the required response rate from residents supporting an application for a RTCP from 50% to 33%. And the approval rate from 67% to 55%. Since then 5 of 10 ballots have failed, all 5 below the minimum return rate of 33%. Only 1 was below the minimum Approval Rate of 55%. Unintended consequences: We have had several individuals tell us that they would vote NO, but knew they were outnumbered and would purposely NOT vote in hopes the minimum return rate was not met. c Meeting ended at 5:34 p.m. c K%w�le,y A. Kom o to- a City Clerk �- a a uO Ln I* N O N C 7 7 w O N O 7 C d C� C cC 0. O t� U a N N r 7 C ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 28 8.A.4 Pending Approval Kent City Council • City Council Regular Meeting KENT Minutes WAS M IN G 7 0 N June 4, 2024 Date: June 4, 2024 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE Mayor Ralph called the meeting to order. a c 2. ROLL CALL Attendee Name itlle= Status Arrived o Dana Ralph Mayor Present Satwinder Kaur Council President Present ° a Bill Boyce Councilmember Present a John Boyd Councilmember Present Brenda Fincher Councilmember Present a 0 Marli Larimer Councilmember Present ti Toni Troutner Councilmember Present N Zandria Michaud Councilmember Excused N 3. AGENDA APPROVAL There were no changes to the agenda. o A. I move to approve the agenda as presented. RESULT: MOTION PASSES [UNANIMOUS] MOVER: Satwinder Kaur, Council President SECONDER: Bill Boyce, Councilmember a AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner 0 a N N 4. PUBLIC COMMUNICATIONS c Mayor Ralph provided opening comments regarding providing public comment. A. Public Recognition i. Employee of the Month Mayor Ralph recognized Kristi Stewart as the June employee of the month. ii. Proclamation for LGBTQ+ Pride Month Mayor Ralph presented the Proclamation for LGBTQ+ Pride Month to Tepatasi Vaina from Utopia. Packet Pg. 29 8.A.4 Kent City Council City Council Regular Meeting June 4, 2024 Minutes Kent, Washington B. Community Events Council President Kaur advised of upcoming graduations at the accesso ShoWare Center. Councilmember Fincher invited the public to attend the Centennial Center Art Exhibit on June 5th at 6 p.m. Councilmember Boyce invited the public to attend the Juneteenth event at Morrill Meadows park on June 2211 from 10 a.m. to 6 p.m. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report 4- 0 Mayor Ralph serves on the Puget Sound Regional Council and during the annual meeting, the Council passed its annual budget and heard from o Congressman Rick Larson. Q B. Chief Administrative Officer's Report Chief Administrative Officer Pat Fitzpatrick advised his written report is o included in today's agenda packet. ti v C. Councilmembers' Reports o N Council President Kaur provided an overview of today's workshop presentation regarding the Residential Traffic Calming Program. 4- Councilmember Troutner serves as the Vice Chair on the Puget Sound Regional Fire Authority Governance Board and talked about the upcoming ; meeting in addition to the CPR Awareness and job fair on July 13t" at the accesso ShoWare Center. c Troutner serves on the Regional Transit Committee that will meet on June a 10th to discuss the Metro Transit Center in Seattle. Q Fincher serves on the King Conservation District redistricting committee that finalized two maps and are sending out for public comment. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Many of the people signed up to provide public comment did not provide their full name, contact information, or city of residence. Linda, Maygualida, Jonathan (a resident of Seattle), Andrea, Joselyn, Lauren (a resident of Seattle), Rosario, Dombele Francisco, Alexander Jiminez, ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 5 Packet Pg. 30 8.A.4 Kent City Council City Council Regular Meeting June 4, 2024 Minutes Kent, Washington Daruslandia Nkola, Seguele Luembo, Cambra, Miriam Misalabo, Amanda Bainy, Zoao Nlunza Mandunlo, Andaletia Clyde, Christelle Laurete, Christina, Jesus Eduardo Romero, Elena Mitenq (a resident of Seattle), Monique, and Jose Guerrero all provided public comment relating to the Asylees and housing. T.J. Petersen, a Kent Resident provided comment on Kent's mission. Perry Sobolik a Kent resident provided public comment on the number of minutes allotted to each person to provide public comment. 8. CONSENT CALENDAR c I move to approve Consent items A - I. 4- 0 RESULT: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Council President 0 a SECONDER: Bill Boyce, Councilmember Q AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner a 0 A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - May 21, 2024 5:15 PM N 0 04 ii. City Council Meeting - City Council Regular Meeting - May 21, 2024 7:00 PM 0 B. Payment of Bills - Approve - MOTION: I move to approve the payment of bills received through 5/15/24 and paid on 5/15/24 and approve the checks issued for payroll 5/1/24 - 5/15/24 and paid on 5/30/24, all audited by the Committee of the Whole on 5/21/24. c C. Excused Absence for Councilmember Michaud - Approve a a� MOTION: I move to approve an excused absence for Q Councilmember Michaud. a� D. Cooperative Purchasing Agreement for Janitorial Supplies - Authorize MOTION: I move to authorize the Parks Department to purchase office custodial supplies through Network Distribution's Cooperative Purchasing Agreement through Omnia Partners within budgets previously established and approved by Council and within the term of agreement, including any extensions. E. Goods and Services Agreement with TriVan Truck Body, LLC - Authorize ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 5 Packet Pg. 31 8.A.4 Kent City Council City Council Regular Meeting June 4, 2024 Minutes Kent, Washington MOTION: I move to authorize the Mayor to sign a Goods and Services Agreement with TriVan Truck Body, LLC., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Consultant Services Agreement with TranTech Engineering, LLC for the Green River Bridge on Meeker Street - Authorize MOTION: I move to authorize the Mayor to sign a supplement to the Consultant Services Agreement with TranTech Engineering, LLC, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. c G. Inter-Governmental Agreement with Drainage District #1 for the Mill Creek Reestablishment Project - Authorize o MOTION: I move to authorize the Mayor to sign an Agreement o with King County Drainage District #1 for the 2024 Mill Creek a Reestablishment project, subject to final terms and conditions Q acceptable to the Public Works Director and City Attorney. a H. Consolidating Budget Adjustment Ordinance for Adjustments o between January 1, 2024, and March 31, 2024 - Adopt ti v MOTION: I move to adopt Ordinance No. 4492, consolidating o budget adjustments made between January 1, 2024, and March 31, 2024, reflecting an overall budget increase of $15,817,550. I. Ordinance Amending Chapter 2.80 of the Kent City Code - Relating to the Employee Deferred Compensation Program - Adopt MOTION: I move to adopt Ordinance No. 4493, amending Chapter 2.80 of the Kent City Code to update the City's code provisions concerning the deferred compensation program r made available to City employees. 9. OTHER BUSINESS a a� None. c 10. BIDS A. Supplying Motor Control Equipment for the Horseshoe Storm Pump Station - Award Public Works Director Chad Bieren provided details on the Supplying Motor Control Equipment for the Horseshoe Storm Pump Station Bid and recommended awarding to Murcal, Inc. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 5 Packet Pg. 32 8.A.4 Kent City Council City Council Regular Meeting June 4, 2024 Minutes Kent, Washington MOTION: I move to award the Supplying Motor Control Equipment for the Horseshoe Storm Pump Station Project to Murcal, Inc. and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT:LTULTU MOTION PASSES [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner c 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 4- 0 None. 0 L 12. ADJOURNMENT a Q Mayor Ralph adjourned the meeting. a 0 Meeting ended at 8:13 p.m. ti v N K&wa-,e,r ey A. Kovwto" N City Clerk 4- 0 m c ai c r a m Q a� r c ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 5 Packet Pg. 33 8.B • KENT W A S M I N G T O N DATE: June 18, 2024 TO: Kent City Council SUBJECT: 2025 South King County Housing and Homelessness Partners Work Plan and Operating Budget - Approve MOTION: I move to approve the 2025 South King Housing and Homelessness Partners Work Plan and Operating Budget as adopted by the South King Housing and Homelessness Partnership Executive Board on April 19, 2024. SUMMARY: The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement between nine South King County cities and King County to work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. SKHHP currently has 12 member jurisdictions. Consistent with the SKHHP Interlocal Agreement, the SKHHP 2025 work plan and budget must be adopted by the SKHHP Executive Board and approved by each member jurisdiction's legislative body. Every year, an annual work plan and budget is developed in collaboration with the SKHHP Executive Board, Advisory Board, and staff work group to guide the work of SKHHP staff in the coming year. Pursuant to the SKHHP Interlocal Agreement, each participating jurisdiction must approve SKHHP's annual budget and work plan. The 2025 Executive Board recommended work plan was developed through surveys to the Executive and Advisory Boards on their priorities in February and an interactive in-person discussion with the Executive Board in March. The draft 2025 work plan and budget was adopted on April 19, 2024 at the Executive Board's regularly scheduled meeting. The 2025 work plan includes four goals with corresponding action items. Each action item is prioritized as higher, medium, or lower priority. Indicators are included to measure progress on the goals. The four goals, which are the same as 2024's goal, include the following: 1. Fund the expansion and preservation of affordable housing. 2. Develop policies that expand and preserve affordable housing. 3. Serve as an advocate for South King County. 4. Manage operations and administration. Packet Pg. 34 8.B The 2025 SKHHP operating budget totals $468,237, supporting two full-time staff, and includes itemization of all categories of budgeted expenses and itemization of each jurisdiction's contribution, including in-kind services. Operating revenues originate from SKHHP member contributions. As discussed last year with Council, contributions are proposed to increase 15% annually for each member jurisdiction through 2026 as approved by the Executive Board in July 2021 to work towards a balanced budget whereby SKHHP's revenues can fully support the budgeted expenditures. These projected member contributions assume no additional staff would be added. Member contributions are based on population size accordingly, and no members are moving into a new population tier in 2025: Population tier 2023 2024 2025 2026 Contribution Contribution Contribution Contribution <10,000 $5,290 $6,084 $6,996 $8,045 10,001 - 35,000 $9,919 $11,407 $13,118 $15,085 35,001 - 65,000 $19,838 $22,814 $26,236 $30,172 65,000 - 100,000 $34,385 $39,543 $45,474 $52,295 100,000+ $44,965 $51,710 $59,466 $68,386 Salaries and benefits are proposed to increase by 5% in 2025. Interfund IT, which is the amount paid to SKHHP's administering agency (City of Auburn) for IT services, is proposed to increase by 11%. Advisory Board compensation, SKHHP staff travel, and supplies remain unchanged in 2025. Professional services/Misc. is proposed to increase to accommodate necessary legal assistance for the development and review of SKHHP's housing contracts and funding documents. This line item also incorporates budgeted expenses for professional development from 2024 to align with the administering agency's expenditure categories. SKHHP continues to spend down the fund balance from cost-savings in 2019 and 2020 to mitigate any additional increases to member contributions. The 2025 Executive Board recommended operating budget also includes the spend- down of interest earnings accrued primarily from Housing Capital Fund contributions. Interest earned between 2019 and 2023 by jurisdiction/entity to be applied to the operating fund balance are as follows: Packet Pg. 35 8.B TABLE 1: INTEREST EARNED BY JURISDICTION 2019-2023 MEMBER ( TOTAL AUBURN $8,653 BURIEN $6,588 COVINGTON $8,036 DES MOINES $2,534 FEDERAL WAY $11,276 KENT $97,962 MAPLE VALLEY -- NORMANDY PARK $281 RENTON $16,726 SEATAC -- TUKWILA $975 KING COUNTY $488 KCHA $9 TOTAL $153,529 To spend the interest earnings requires the approval of each SKHHP member with allocated accrued interest based on their contributions. With the adoption of the 2025 SKHHP operating budget which incorporates the interest earnings into the SKHHP operating fund balance, the City Council is providing authorization for SKHHP to use those funds towards the operating budget. These funds will assist in future years should there be an economic recession and members choose to pause an increase in dues. BUDGET IMPACT: None. Already included in the budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. SKKHP-2025 Work Plan and Operations Budget (PDF) 06/04/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 6/18/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud Packet Pg. 36 8.B.a c RESOLUTION NO. 2024-02 a L A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND 0 HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2025 SKHHP WORK PLAN AND OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves a an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in-kind services; and x° WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and .y WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, if a party does not approve the work plan or budget in a timely manner, the 0 Executive Board may adopt the budget and work plan with a two-thirds majority vote; and c WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance, and implement the overarching SKHHP mission to work together and o share resources to increase the available options for South King County residents to access N LO affordable housing and to preserve the existing affordable housing stock; and N N WHEREAS, the 2025 work plan includes four goals with corresponding action items that further SKHHP's mission. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the 2025 SKHHP Work Plan in Attachment A. 0° N C O Section 2. The Executive Board adopts the 2025 SKHHP Operating Budget in Attachment B. cc L Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an o annual basis during the first quarter of the calendar year. cc Section 4. This Resolution will take effect and be in full force upon approval by the legislative a body of each participating jurisdiction. a. q� `o Dated and signed this I day of lA , 2024. LO N O N a. 2 Y Y N NANCY KUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS �P.----------------------------- Resolution No. 2024-02 April 19, 2024 Q Page 1 of 7 Packet Pg. 37 8.B.a c RESOLUTION 2024-02-ATTACHMENT A a SKHHP 2025 WORK PLAN o PURPOSE N L Establish a 2025 SKHHP work plan and budget that is guided by Executive Board priorities, is L consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. a BACKGROUND a c Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. The 2025 SKHHP work plan builds on work done in previous years and was ° developed in collaboration with the Executive Board, Advisory Board, and staff work group. _ c The work plan is organized into four goals with corresponding action items. Each action is identified by priority as follows: .y • Higher— Identified as higher priority by Executive Board or is necessary to carry out the Interlocal Agreements • Medium— Identified as mid-level priority o • Lower— Identified as lower priority L) Quarterly budget and progress reports on the status of the work plan elements will be submitted to the Y SKHHP Executive Board and the legislative body of each member jurisdiction as follows: r ° Quarter 1: May I Quarter 2: August I Quarter 3: November I Quarter 4: February U° In accordance with the Interlocal Agreement, the 2025 SKHHP work plan and budget will be approved N by the SKHHP Executive Board and the legislative body of each member jurisdiction. SKHHP MISSION c South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. m y C GOALS &ACTIONS ° L Goal Actions a 1. Fund the expansion and preservation of 1 through 5 O affordable housing. c 2. Develop policies to expand and preserve 6 through 10 a affordable housing. L ° 3. Serve as an advocate for South King County. 11 through 15 � N O 4. Manage operations and administration. 16 through 20 `" a x Y Y U) w c a� E ------------------------------- v Resolution No. 2024-02 r April 19, 2024 a Page 2 of 7 Packet Pg. 38 8.B.a c a Y `o Goal 1 c Fund the expansion and preservation of affordable housing. a Actions Priority of Actions ••• = Higher •• = Medium o x • = Lower 1. Pool resources from member cities for the Housing Capital Fund, ••• including SHB 1406 funds, HB 1590 funds, and general funds. c' 2. Develop and execute contract documents and covenants for projects ••• c ready to move forward (Burien Family Housing—2022; Kent = Multicultural Village—2023; Skyway Affordable Housing and Early Learning Center—2023). o 3. Facilitate approval from participating Councils of recommended ••• a, projects from 2024 Housing Capital Fund funding round and preparing Y contract documents and covenants if any projects are ready to move r forward. o 4. Manage 2025 Housing Capital Fund funding round including adopting ••• LO annual guidelines, updating application materials, soliciting proposals, N and facilitating project selection. 5. Encourage investment in South King County by private investors, •• lenders, and philanthropies. Indicators a, m o Number of housing units or number of projects funded with financial support from SKHHP w c o Number of housing units preserved with financial support from SKHHP ° c� o Total dollar amount pooled by member jurisdictions for Housing Capital Fund a o Total dollar amount from new sources of revenue added to the Housing Capital Fund O c o Geographic diversity of applications received for annual Housing Capital Fund funding round ° c ca a L ° LO N O N d 2 Y Y N r c a� E ------------------------------- t v Resolution No. 2024-02 1° April 19, 2024 Q Page 3 of 7 Packet Pg. 39 8.B.a c l a 0 Goal 2 c Develop policies to expand and preserve affordable housing. a Actions Priority of Actions ••• = Higher N a� •• = Medium a� • = Lower o x 6. Facilitate implementation of any subregional housing preservation ••• strategies. 7. Facilitate technical assistance and updates to the Affordable Housing ••• Inventory Dashboard. _ 8. Build relationships with developers to learn from their perspective the •• ways to encourage housing development, especially affordable housing. o 9. Convene land use planners to increase coordination and collaboration L) on housing policy and planning. _ 10. Develop SKHHP Executive Board briefings on key housing and s homelessness topics, especially as they relate to the goals of the work o plan. M Indicators o N o Number of subregional housing preservation strategies facilitated or supported 0 o Successful update of data to the Affordable Housing Inventory Dashboard o Number of relationships built with developers o Number of Executive Board briefings on key housing and homelessness topics m y C O R L Q O R a L 2O 7 LO N O N d x Y Y U) w c a� E ------------------------------- Resolution No. 2024-02 r April 19, 2024 Q Page 4 of 7 Packet Pg. 40 8.B.a c K I G L Goal 3 Serve as an advocate for South King County. a Actions Priority of Actions ••• = Higher E •• = Medium ° x • = Lower c� 11. Coordinate with the Advisory Board in collaboration with housing •• organizations and stakeholder groups to provide education and c engagement opportunities for elected officials and community x members. c 12. Work collaboratively with public funders at the state and local levels to •• o promote shared affordable housing goals and equitable geographic a, distribution of resources. Y 13. Represent SKHHP at relevant local and regional meetings and forums r that help advance SKHHP's mission and provide a voice for increasing �o access to safe, healthy, and affordable housing in South King County. u, N 14. Meet with legislators as opportunities arise to inform about SKHHP's N mission, goals, and the Housing Capital Fund. rn 15. Connect affordable housing developers with property owners who v intend to sell naturally occurring affordable housing in coordination with member cities. a, Indicators m N C o Number of events or engagement opportunities Advisory Board members organize or ° support a� o Number of meetings, forums, or events attended that advance SKHHP's mission C o Number of meetings with legislators that promote SKHHP and South King County c ° o Number of affordable housing developers connected with property owners intending to sell naturally occurring affordable housing a L ° LO N O N d x Y Y N r c a� E ------------------------------- v Resolution No.2024-02 f° April 19, 2024 Q Page 5 of 7 Packet Pg. 41 8.B.a c a r � L Goal 4 L cc Manage operations and administration. a Actions Priority of Actions N ••• = Higher •• = Medium E E • = Lower = c 16. Develop annual work plan and budget. ••• c 17. Generate and distribute quarterly progress reports to SKHHP Executive ••• 3 0 Board and member jurisdictions. _ 18. Work with administering agency to maintain records and produce ••• c regular financial reports for the SKHHP Housing Capital Fund and SKHHP Operating Account. 19. Organize and host monthly Executive and Advisory Board public ••• Y meetings. 3 20. Maintain and update the SKHHP website. •• 0 U) Indicators N o Work plan and budget adopted 0 o Quarterly progress reports prepared and presented to Executive Board a o Financial reports and public records maintained o Monthly Executive and Advisory Board meetings held m y o Website maintained 0 0 L Q O R a L 20 7 LO N 0 N d x Y Y U) w c a� E ------------------------------- Resolution No. 2024-02 r April 19, 2024 a Page 6 of 7 Packet Pg. 42 8.B.a c a RESOLUTION 2024-02—ATTACHMENT B Y 0 2025 SKHHP Operating Budget L Estimated beginning fund balance-January 1, 2025 $ 344,131 Estimated ending fund balance - December 31, 2025 $ 285,588 a REVENUES Auburn $ 45,474 0 Burien $ 26,236 Covington $ 13,118 E 0 Des Moines $ 13,118 x Federal Way $ 59,466 a Kent $ 59,466 Maple Valley $ 13,118 c Normandy Park $ 6,996 Renton $ 59,466 SeaTac $ 13,118 ti Tukwila $ 13,118 c Y King County* $ 59,466 r Additional King County* $ 15,534 0 Office space (in-kind donation) $ 12,000 LO N TOTAL REVENUES $ 409,694 N Spend down balance $ 58,543 rn TOTAL $ 468,237 m EXPENSES m Salaries and benefits $ 320,611 w c Interfund IT $ 35,000 0 Advisory Board compensation $ 14,400 CL Office space (in-kind donation) $ 12,000 p Professional services/Misc. $ 37,500 Travel $ 5,250 Supplies $ 2,000 a Subtotal $ 426,761 0 Administering agency- 10% admin fee** $ 41,476 uO N TOTAL $ 468,237 N a x *King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner Y jurisdictions and the additional allocation decreasing to maintain a total contribution of$75,000 per year. N **10%administrative fee is calculated as a percentage of operating costs which excludes in-kind donations and carry-forwards. C a� E ------------------------------- Resolution No. 2024-02 f° April 19, 2024 Q Page 7 of 7 Packet Pg. 43 8.0 KENT DATE: June 18, 2024 TO: Kent City Council SUBJECT: Ordinance Amending KCC 4.06.200 Regarding Lake Meridian Boat Launch Fee - Adopt MOTION: I move to adopt Ordinance No. 4494, amending Section 4.06.200 of the Kent City Code regarding payment of boat launch fees at Lake Meridian Park. SUMMARY: There are two boat launches that provide public access to Lake Meridian; one is operated by the Washington State Department of Fish and Wildlife and the other is operated by the City of Kent Parks. The Washington State Department of Fish and Wildlife boat launch fee is included in the cost of the state- issued fishing licenses. The City of Kent Parks began charging $5 per daily use and $50 per annual pass in the fall of 2008. These fees have not been updated since, as they are codified in the Kent City Code. Staff wishes to be able to update these fees via City Council resolution. These updates can then occur with other miscellaneous fee updates made by Council resolution, often in conjunction with budget adoption. To collect these daily fees, the City installed a pay station at Lake Meridian. Boat launch users can go to the Kent Commons Community Center and purchase daily/annual passes there as well. The boat launch has generated approximately $5,000 to $10,000 per year and the cost for services of the previous pay stations ranged from $2,000 to $4,000 per year. However, the City had to replace the pay station in 2018, 2019, and again in 2021 due to illicit activity, each costing the City approximately $10,000 per incident in replacement costs. The pay station was again damaged in 2023, which led to Parks Department staff exploring other avenues of collecting fees without installing another pay station. Staff opted to start using a QR (quick response) code to collect boat launch fees. Staff is requesting that the Kent City Code be amended to allow users to retain only the electronic receipt for this payment. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 44 8.0 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. Lake Meridian Motor-Powered Vessel Restrictions Ordinance - KCC 4.06.200 (PDF) 06/04/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 6/18/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud Packet Pg. 45 8.C.a a� c L O N t0 O U U ORDINANCE NO. 4494 Y a� c �a c as E AN ORDINANCE of the City Council of the a a� City of Kent, Washington, amending section 4.06.200 of the Kent City Code entitled, "Lake c Meridian - Motor-powered vessel restrictions - Water skiing and personal watercraft operation", to implement paperless payment of boat launch fees and to allow those fees to be set by resolution. 0 0 N t0 O RECITALS v U Y A. The City manages one of two public boat launches at Lake a� Meridian Park. Boat launch users currently have the option of paying $5 per c use or purchasing an annual pass for $50. The City initially installed a pay 0 station to collect these fees. This pay station has since been damaged and 0 destroyed multiple times. L B. This ordinance removes the requirement for boat launch users to display a physical receipt on their dashboard. Users will now be required N to show an electronic receipt upon request. This will allow for paperless payment of boat launch fees using a qR code posted at the site. a C. This ordinance also makes amendments to provide that boat c a launch fees will now be set by City Council resolution. This gives City staff o the ability to request updates to these fees as part of the regular fee update resolution without requesting changes to the Kent City Code by ordinance. L C� C J 1 Amend KCC 4.06.200 - Re; Lake Meridian Motor-Powered Vessel d E U r r Q Packet Pg. 46 8.C.a a� c NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 0 0 N ORDINANCE 0 v SECTION 1. - Amendment - KCC 4.06.200. Section 4.06.200 of the U Y Kent City Code entitled "Lake Meridian - Motor-powered vessel restrictions a� c - Water skiing and personal watercraft operation", is amended as follows: a� E Q a� Sec. 4.06.200. Lake Meridian - Motor-powered vessel restrictions - Water skiing and personal watercraft operation. L 0 r A. Generally. The following rules and regulations are adopted for the use of motor-powered vessels on Lake Meridian: o 0 1. It is unlawful to use or operate any vessel powered by motor o power on Lake Meridian, except that vessels with the following engines will U be permitted: Y a. Water-cooled outboard engines of stock manufacture or stock manufactured inboard engines with outboard drive units L (inboard/outboards) which vent all exhaust gases through the lower drive 0 unit in conjunction with cooling water and/or vent at a point on the drive r unit which is under water at all times; or water-cooled direct drive inboard N a� engines equipped with a muffler or silencer of sufficient size and capacity to Z effectively muffle and reduce noise similar to that of outboards and inboard/outboards. This includes both propeller and jet propulsion L watercraft. 3 0 b. Air-cooled outboard or inboard engines of stock a 0 manufacture rated by the manufacturer at ten (10) horsepower or less. 0 C. Electric fishing trolling motors. a� a� J 2 Amend KCC 4.06.200 - Re: Lake Meridian Motor-Powered Vessel m E t 0 r r Q Packet Pg. 47 8.C.a a� c 2. No vessel shall operate in excess of eight (8) miles per hour after 6:00 p.m. until the hour of 9:00 a.m. and not in excess of thirty-five (35) miles per hour from 9:00 a.m. to 6:00 p.m. N 3. Vessels exceeding speeds of eight (8) miles per hour shall o v remain at least two hundred (200) feet from the shoreline and one hundred U Y (100) feet from other vessels and swimmers and shall proceed around the a� c lake in a counterclockwise direction. a� 4. All vessels operating on Lake Meridian shall carry United States a a� Coast Guard approved personal flotation devices in good condition for each person in the vessel. L 5. Motor-powered vessels operating after sundown shall be r equipped with and have lit proper running lights. 6. The anchorage or moorage of unoccupied vessels is prohibited o 0 except when tied to a pier or dock with the permission of the owner of the o pier or dock. However, an unoccupied vessel may only be anchored or U moored to a city pier or dock while the vessel's trailer is being parked or Y retrieved. 7. No remote controlled vessels powered by internal combustion L engines shall operate before 9:00 a.m. or after 6:00 p.m. Additionally, such 0 remote controlled vessels may only be operated in those areas as may be r designated by the parks, recreation, and community services director, and N a� shall not be operated within one hundred (100) feet of any fishing pier, Z designated swimming area, or boat launch ramp and dock. 8. Skin diving is prohibited except as necessary for public L employees and their agents or other authorized personnel to perform their 3 0 duties or in the case of an emergency. a 0 9. No person shall launch a vessel or personal watercraft off a 0 trailer and into Lake Meridian from the city-operated boat launch at Lake a Meridian Park without first paying a launch fee On the angeunt of flee de",FS ($5) per launch, or an annual launch fee in the angeunt of fifty dollars , 0 J 3 Amend KCC 4.06.200 - Re: Lake Meridian Motor-Powered Vessel m E t 0 r r Q Packet Pg. 48 8.C.a a� c and providing the electronic receipt for this payment upon request. a� which the vessel er peFSenal wateFCraft was launched. o: The city council shall, N by resolution, establish the fees to be assessed to implement and operate o v the regulations adopted in this subsection. U U Y c B. Water skiing. The following regulations apply to all water skiing a� activities as defined in RCW 79A.60.010 including, but not limited to, being a a� towed behind a vessel on skis, an aquaplane, kneeboard, tube, or similar 0 device: C L 1. Water skiing on the lake at speeds up to and including eight (8) r miles per hour is permitted any time between dawn and dusk. 2. Water skiing on the lake at speeds over eight (8) miles per hour o 0 shall be limited to the hours of 9:00 a.m. to 6:00 p.m. o 3. It is unlawful to water ski within three hundred (300) feet of U shore except as follows: Y a. From privately owned shoreline, water skiers may start CU at and return to shore by means of the most expeditious route; C L b. From city-owned shoreline, water skiers may start or 0 return (deep water start) from a distance of two hundred (200) feet or 0 r greater from shore but are prohibited from starting or stopping within two N a� hundred (200) feet of shore. For purposes of this provision, city-owned Z shoreline includes the swimming beach and boat launching areas of the park. For purposes of starting at and returning to shore as authorized herein, L water skiers may temporarily exceed the speed limit to eight (8) miles per 3 0 hour. a 0 4. All persons in vessels towing persons on water skis, tubes, 0 surfboards, or similar contrivance shall remain seated at all times. a� a� J 4 Amend KCC 4.06.200 - Re: Lake Meridian Motor-Powered Vessel m E t 0 r r Q Packet Pg. 49 8.C.a a� c 5. All operators of vessels having in tow or otherwise assisting a person on water skis, tubes, surfboards, or similar contrivance shall comply with KCC 4.06.060. o N 6. Regulations stated in this subsection shall not apply to vessels o used in water ski tournaments, competitions, expositions, or trials therefor, L) U Y which have been duly authorized by the city. a� c a� C. Personal watercraft. In addition to RCW 79A.60.190 adopted in KCC a 0 4.06.020, the following regulations shall apply to personal watercraft: 1. Personal watercraft may be operated on the lake at speeds up C L to and including eight (8) miles per hour any day except during hours of darkness. c 2. Personal watercraft may be operated on the lake at speeds in o excess of eight (8) miles per hour only as follows: o a. Between the hours of 12:00 noon and 6:00 p.m.; U b. On even-numbered days of the calendar; and Y C. From and including May 16 through and including 0 September 15 of any year. C L 0 N C SECTION 2. - Severability. If any one or more section, subsection, 0 or sentence of this ordinance is held to be unconstitutional or invalid, such N a� decision shall not affect the validity of the remaining portion of this ordinance a� and the same shall remain in full force and effect. a� L SECTION 3. - Corrections by City Clerk or Code Reviser. Upon 3 0 approval of the city attorney, the city clerk and the code reviser are a L authorized to make necessary corrections to this ordinance, including the 0 correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. ;, a� J 5 Amend KCC 4.06.200 - Re; Lake Meridian Motor-Powered Vessel 0 E U 0 r r Q Packet Pg. 50 8.C.a a� c SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty days from the time of final passage as provided by law. 0 O N O O U U June 18, 2024 Y a� DANA RALPH, MAYOR Date Approved c a� E Q ATTEST: c c June 18, 2024 0 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted r 0 June 21, 2024 Date Published o N O O APPROVED AS TO FORM: U Y a� v c TAMMY WHITE, CITY ATTORNEY L O O r V L NN� 1.6 y N d d L 3 0 a 0 r 0 c �a a� m J 6 Amend KCC 4.06.200 - Re; Lake Meridian Motor-Powered Vessel m E t 0 r r Q Packet Pg. 51 8.D • KENT W A S M I N G T O N DATE: June 18, 2024 TO: Kent City Council SUBJECT: Update to Fee Resolution to add Boat Launch Fee - Adopt MOTION: I move to adopt Resolution No. 2072, authorizing fees for the use of the boat launch at Lake Meridian Park. SUMMARY: The City currently charges $5 per daily use and $50 per annual pass for boat launch fees at Lake Meridian Park. This amount has not increased since the adoption of these fees in 2008. This resolution updates the daily use fee to $8. The annual pass will remain $50. Revenue generated by the boat launch fee is used to assist with the City's operation and maintenance costs associated with its boating facilities. This fee will be included in the regular fee update resolution going forward. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. ATTACHMENTS: 1. Fee Resolution KCC 4.60.200(A)(9) (PDF) 06/04/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 6/18/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud Packet Pg. 52 8.D.a w Q. 0 Q RESOLUTION NO. 2072 a� a� U- c 0 CU J A RESOLUTION of the City Council of the 0 City of Kent, Washington, adopting fees for the Lake Meridian boat launch as required by Kent City Code Section 4.06.200. 0 r c 0 r 0 Cn RECITALS a� a� U- 0 A. Through Resolution No. 1851, adopted December 13, 2011, the City Council established and consolidated all development, business a licensing, and other miscellaneous fees in one location. These fees are then N r 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 o 0 of Resolution No. 2052, on December 13, 2022. Q v U U B. Ordinance No. 4494 amends Section 4.06.200 of the Kent City Y c Code to require that fees for the Lake Meridian boat launch be set by City ° Council resolution. This resolution is necessary to set these initial fees. W o: a� aD C. This resolution does not repeal Resolution No. 2052. The fees r c established by this resolution will also be included in the next regular fee E update resolution along with those provided for by Resolution No. 2052. a w a 1 Lake Meridian Boat Launch Fee Adoption Packet Pg. 53 8.D.a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION o a SECTION 1. - City of Kent Lake Meridian Boat Launch Fee Schedule. Pursuant to KCC Section 4.06.200, the fees to be assessed for City of Kent ° Lake Meridian Boat Launch Fee Schedule are set forth in Exhibit A. 0 m SECTION 2. - Severability. If any one or more section, subsection, 0 or sentence of this resolution is held to be unconstitutional or invalid, such ° decision shall not affect the validity of the remaining portion of this resolution 0 and the same shall remain in full force and effect. a� SECTION 3. - Corrections by City Clerk. Upon approval of the city o r attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or D subsection numbering; or references to other local, state, or federal laws, 0 codes, rules, or regulations. a SECTION 4. - Effective Date. This resolution shall take effect o N immediately, and the new fees established herein shall be in force on July 4, 2024. v c.� Y c June 18, 2024 DANA RALPH, MAYOR Date Approved 0 N N N ATTEST: Ui r c as June 18, 2024 ° KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Q 2 Lake Meridian Boat Launch Fee Adoption Packet Pg. 54 8.D.a APPROVED AS TO FORM: TAMMY WHITE, CITY ATTORNEY w Q. O Q a� a� U- U c R J R O m R O C O r 7 O N d Q' d d LL O d R Q N r O O a 0 0 N O tD U U Y c O r 3 O N O O O LL r C d E t V r a 3 Lake Meridian Boat Launch Fee Adoption Packet Pg. 55 8.D.a Exhibit A City of Kent Lake Meridian Boat Launch Fee Schedule a Fee Type Fee: Dail $8/da Q Annual $50/ ear a� U- 3 J cC O m R O r C O r 7 O N N d N LL O r N N O O Q O O N O tD V V Y c 0 0 N N N N LL r C d E L V a 4 Lake Meridian Boat Launch Fee Adoption Packet Pg. 56 8.E • KENT W A S M I N G T O N DATE: June 18, 2024 TO: Kent City Council SUBJECT: Resolution Authorizing Grant Applications with the Recreation and Conservation Office - Uplands Playfield, and Spray Park, Uplands Extension Acquisition, and Garrison Creek Park - Adopt MOTION: I move to adopt Resolution No. 2073, authorizing the signing and submittal of grant applications to the Recreation and Conservation Office to assist with the Uplands Playfield and Spray Park improvements, the Uplands Extension Acquisition, and the Garrison Creek Park Renovation Projects. SUMMARY: This authorizing resolution is a required part of the application process for applying for grants from the Washington State Recreation and Conservation Office. This resolution allows staff to apply for funding for the specific projects identified and supports a grant application that would assist with funding the construction of Uplands Playfield and Spray Park, the Uplands Extension Acquisition, and the Garrison Creek Park Renovation Projects. BUDGET IMPACT: None relating to the application. 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. ATTACHMENTS: 1. Uplands Playfield Spray Park Garrison Creek Park RCO Grant Resolution (PDF) 06/04/24 Committee of the Whole MOTION PASSES Packet Pg. 57 8.E RESULT: MOTION PASSES [UNANIMOUS]Next: 6/18/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud Packet Pg. 58 8.E.a 3 0 r 0 .Q a a r c RESOLUTION NO. 2073 c� c N L 0 A RESOLUTION of the City Council of the Q City of Kent, Washington, that: (1) authorizes the c submission of applications for grant funding assistance through the Recreation and Conservation o Office; and (2) identifies Parks personnel and/or the Mayor as the City's authorized representatives for purposes of securing the grant and binding the City o to the grant's terms and conditions. 7T. 0 r RECITALS ' 0 a� A. The City of Kent ("City") is working on the Uplands Playfield and Spray Park 24-1703D, PRISM Number 24-1703D; Uplands Extension Acquisition 24-1776A, PRISM Number 24-1776A; Garrison Creek Park 0 W Renovation 24-1815D, PRISM Number 24-1815D; and Community Outdoor Y 0 Athletic Facilities Project 24-2112D, PRISM Number 24-2112D. a. as B. The City considers it in the best public interest to complete the projects described in the applications and to seek grant assistance through c N the Washington Recreation and Conservation Office to aid in financing the c� cost of those projects. L a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, a WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: -a as 4- a. c 0. 1 r c m Recreation & Conservation Office Grants E 24-1703D; 24-1776A; 24-1815D; 24-2112D a Packet Pg. 59 8.E.a t RESOLUTION c SECTION 1. - Intent to Apply. The City has applied for or intends to ° cu apply for funding assistance managed by the Washington Recreation and .2 a Conservation Office ("Office") for the Uplands Playfield and Spray Park 24- Q r c 1703D, Uplands Extension Acquisition 24-1776A, Garrison Creek Park Renovation 24-1815D, and Community Outdoor Athletic Facilities Project 24- N 2112D ("Projects"). o t Q SECTION 2. - Authorized Representatives. The City authorizes the c r following persons or persons holding specified titles/positions (and o a� subsequent holders of those titles/positions) to execute the following documents bindingthe City on the above projects: M Y p j o 0 r Person Authorized to Sign�rant Documen Name of Signatory or Title of Grant application (submission thereof) Brian Higgins, Parks Capital Project Manager Project contact (day-to-day administering Brian Higgins, Parks Capital of the grant and communicating with the Project Manager p RCO) RCO Grant Agreement Dana Ralph, Mayor Y (Agreement)Agreement/amendment a Approver Agreement amendments Dana Ralph, Mayor U Authorizing property and real estate Dana Ralph, Mayor c documents (Notice of Grant, Deed of L Right or Assignment of Rights if applicable). L R - a L Q The above persons are considered an "authorized a� representative(s)/agent(s)" for purposes of the documents indicated. The City shall comply with a request from the RCO to provide documentation of N persons who may be authorized to execute documents related to the grant. a D 2 r c m Recreation & Conservation Office Grants E 24-1703D; 24-1776A; 24-1815D; 24-2112D r w Q Packet Pg. 60 8.E.a 3 SECTION 3. - Indemnification and Legal Venue Stipulation. The City o r has reviewed the sample RCO Grant Agreement on the Recreation and 2 .Q Conservation Office's website at: https://rco.wa.gov/wp- a content/uploads/2019/06/SampleProjAgreement.pdf. We understand and L acknowledge that if offered an agreement to sign in the future, it will contain c an indemnification and legal venue stipulation and other terms and conditions 0 substantially in the form contained in the sample Agreement and that such a terms and conditions of any signed Agreement shall be legally binding on the c sponsor if our representative/agent enters into an Agreement on our behalf. 0 The Office reserves the right to revise the Agreement prior to execution. M 0 SECTION 4. - Legal Authority. The City acknowledges and warrants, r- after conferring with its legal counsel, that its authorized 0 rep resentative(s)/agent(s) identified above have full legal authority to act and 0 a� sign on behalf of the City for their assigned role/document. 0 'L^ V SECTION 5. - Contingent Funding. Grant assistance is contingent on 0 W a signed agreement. Entering into any Agreement with the Office is purely Y 0 voluntary on the City's part. a. a� L U SECTION 6. - Varying Policies and Requirements. The City c N understands that grant policies and requirements vary depending on the c� grant program applied to, the grant program and source of funding in the L Agreement, the characteristics of the project, and the characteristics of the City. N as 4- SECTION 7. - Acknowledgement. The City further understands that a. prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample a 3 r c m Recreation & Conservation Office Grants E 24-1703D; 24-1776A; 24-1815D; 24-2112D a Packet Pg. 61 8.E.a Agreement and that such revisions could include the indemnification and the 3 legal venue stipulation. The City accepts the legal obligation that we shall, o prior to execution of the Agreement(s), confer with our authorized 2 .Q representative(s)/agent(s) as to any revisions to the project Agreement from a that of the sample Agreement. We also acknowledge and accept that if our L authorized representative(s)/agent(s) executes the Agreement(s) with any c such revisions, all terms and conditions of the executed Agreement shall be 0 conclusively deemed to be executed with our authorization. a 0 SECTION 8. - Allowable Costs. Any grant assistance received will be 0 used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. M 0 v c SECTION 9. - Funding Match. If match is required for the grant, we o 0 understand the City must certify the availability of match at least one month 0 a� before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. O U W lie SECTION 10. - Reimbursement Basis. The City acknowledges that if Y as it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we c N will only request payment from the Office after we incur grant eligible and c� allowable costs and pay them. The Office may also determine an amount of L retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. N A) 4- SECTION 11. - Purpose of Acquired Property. The City acknowledges a that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by a 4 r c m Recreation & Conservation Office Grants E 24-1703D; 24-1776A; 24-1815D; 24-2112D a Packet Pg. 62 8.E.a t The City and the Office. We agree to dedicate the property in a signed 'Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee o r acquisitions (which documents will be based upon the Office's standard .Q versions of those documents), to be recorded on the title of the property with Q r the county auditor. The City acknowledges that any property acquired in fee L title must be immediately made available to the public unless otherwise c provided for in policy, the Agreement, or authorized in writing by the Office :L 0 Director. Q c 0 SECTION 12. - Purpose of Property Owned by City. The City 0 acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated M r O for the purpose of the grant in perpetuity unless otherwise allowed by grant S program policy, or Office in writing and per the Agreement or an amendment 0 r thereto. 0 a� o: c SECTION 13. - Resolution a Part of Application. This resolution is deemed to be part of the formal grant application to the Office. 0 U Y L fC SECTION 14. - Certification. The City warrants and certifies that this Y a� resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies, and that the City has full legal c authority to commit itself to the warranties, certifications, promises and obligations set forth herein. L a 0 SECTION 1S. - Effective Date and Approval. This resolution will take effect immediately and is signed and approved by the Mayor through a 4- majority vote of the City Council for the City of Kent. A copy of this resolution a is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA. c a D 5 c m Recreation & Conservation Office Grants E 24-1703D; 24-1776A; 24-1815D; 24-2112D r w Q Packet Pg. 63 8.E.a t c O r .Q a a r June 18, 2024 L DANA RALPH, MAYOR Date Approved a� c N �L ATTEST: t Q c June 18, 2024 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted N a� o: M APPROVED AS TO FORM: c v c 0 r TAMMY WHITE, CITY ATTORNEY N a� o: c ,L^ V 0 U Y i fC d Y d L U c O N �L L V L R Q_ L Q d R Q D 6 c m Recreation & Conservation Office Grants E 24-1703D; 24-1776A; 24-1815D; 24-2112D r w Q Packet Pg. 64 8.F • KENT W A S M I N G T O N DATE: June 18, 2024 TO: Kent City Council SUBJECT: Consultant Services Agreement with KBA, Inc. for South 218th Street Project - Authorize MOTION: I Move to authorize the Mayor to sign the Consultant Services Agreement with KBA, Inc., subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The South 218th Street - 98t" Avenue South from 94t" Place South to South 216t" Street project is a federally funded project that will widen the existing street to three lanes; add shoulders, planter strips, concrete sidewalk, lighting, retaining walls, and a roundabout at the South 216t" Street/98t" Avenue South intersection; reroute existing overhead utilities to underground; and install new water mains, new storm drainage, new sanitary sewer main and other related work. The consultant services agreement is needed to provide a resident engineer, inspector, and subconsultants to perform contract administration, construction management, quality control, and inspection on this federally funded project. Through the selection process, following WSDOT Local Agency Guidelines, KBA, Inc. was selected to provide these services, while City staff manage existing construction projects. BUDGET IMPACT: This project (including this agreement) will be paid for using Federal Highway grant funds, Move Ahead Washington Act state transportation funding, Traffic Impact Fees, Street Fund monies and Local Improvement District #363 payments. 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: Packet Pg. 65 8.F 1. Consultant Services Agreement with KBA for S 218th Street - 98th Avenue (PDF) 06/04/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 6/18/2024 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud Packet Pg. 66 8.F.a Local Agency Professional Services Negotiated Hourly Rate Consultant Agreemen 6 L 0 Agreement Number: LA10844 Does this Require DES filing? ❑ Yes ❑ No Q m Y Firm/Organization Legal Name (do not use dba's): 3 KBA, Inc. as Address Federal Aid Number E a� 11201 SE 8th Street, Suite 160, Bellevue, WA 98004 HIPUL-CRRSAA-STBGUL-HLP-9917(045) a UBI Number Federal TIN N as 601-426-427 91-181416 a� Execution Date Completion Date U) 12/31/2025 r 1099 Form Required Federal Participation 0 ❑ Yes ❑✓ No Yes ❑ No v Project Title 0 S 218th Street/98th Avenue S from 94th Place S to S 216th Street a� Description of Work a� The Consultant shall provide Construction Management services for the S 218th Street/98th Avenue S from Q 94th Place S to S 216th Street project. The services will include consultation, contract administration, field observation, documentation and material testing. For a description, see the Consultant's Scope of Work, which 'C'no is attached as Exhibit A and incorporated by this reference. as L r N Y co r N N L 0 a m ❑ Yes % Y❑� No DBE Participation Maximum Amount Payable: $975,226 � ❑ Yes % No MBE Participation 3 r ❑ Yes % ❑✓ No WBE Participation ❑ Yes % ❑✓ No SBE Participation m a� L Q Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation r Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations N Exhibit E Sub-consultant Cost Computations c Exhibit F Title VI Assurances v r Exhibit G Certification Documents Exhibit H Liability Insurance Increase E Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Q Agreement Number: LA 10844 Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 67 Agreement Revised 0313012021 8.F.a THIS AGREEMENT, made and entered into as shown in the "Execution Date"box on page one (1) of this AGREEMENT, between the City of Kent hereinafter called the "AGENCY," and the "Finn/Organization Name"referenced on page one (1) of this v� L AGREEMENT, hereinafter called the "CONSULTANT." ° WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work" on page one (1) Y of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the requires commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provid 3 the necessary SERVICES; and d WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to a the AGENCY. a NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, �n or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work 0 The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and �? necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. c II. Scope of Work Q The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached 00 hereto and by this reference made a part of this AGREEMENT. The Scope of Work was developed utilizing performance based contracting methodologies. L co III. General Requirements 00 N All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall cn receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or ,o individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, m and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, Y groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT 3 sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." as The CONSULTANT shall prepare a monthly progress report, in a forma roved b the AGENCY which will p p Y P g p pp Y � a, outline in written and graphical form the various phases and the order of performance of the SERVICES in a sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, in rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the Stat of Washington. 0 U c E t v Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 68 Agreement Revised 0313012021 8.F.a Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be � L shown on Exhibit`B" attached hereto and by this reference made part of this AGREEMENT. If the Prime ° CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)regulation m outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required,that non-DBE Prime CONSULTANTS 3 perform a minimum of 30% of the total amount of this AGREEMENT. c as In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms d maximum practicable opportunities. a, a The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non-minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. r- All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." c U All designs, drawings, specifications, documents, and other work products, including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for o these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. a Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other 00 party by (i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth below: 0 a� a� L If to AGENCY: If to CONSULTANT: co Name: Jason Barry Name: Cameron Bloomer o Agency: City of Kent Agency: KBA, Inc. N Address: 220 4th Avenue S Address: 11201 SE 8th Street, Suite 160 2 .° City: Kent State: WA Zip: 98032 City: Bellevue State: WA Zip: 98004 a Email: jbarry@kentwa.gov Email: cbloomer@kbacm.com m Phone: (253) 856-5546 Phone: (425) 455-9720 Facsimile: (253) 856-6500 Facsimile: (425)455-9732 3 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing a, by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services (DES) a pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin, nor payment made until ten(10) or more working days following the date of filing, and until approved by DES. Any cn subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled y "Completion Date." c U The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the establishes a completion time. Agreement Number: LA10844 Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 69 Agreement Revised 0313012021 8.F.a V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT vi as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES ° rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. m The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). Y A. Hourly Rates: Hourly rates are comprised of the following elements - Direct(Raw) Labor, Indirect Cost Rate, 3 and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and"E" attached hereto and by reference made part of this E AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall a be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment 140) shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates .2 shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end(FYE) date. c The direct(raw) labor rates and classifications, as shown on Exhibits "D" and"E" shall be subject to N renegotiations for each subsequent twelve (12) month period(180 days following FYE date to 180 days c following FYE date)upon written request of the CONSULTANT or the AGENCY. The written request must v be made to the other party within ninety(90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct(raw) labor rates and classifications as shown on Exhibits "D" and "E", will remain in effect for the twelve (12) month period. c Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct(raw) labor rates and classifications that will be applicable for the twelve (12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement a between the parties. Such final written acknowledgement shall be incorporated into, and become a part of, , this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and L classifications to aid in negotiations. If the parties cannot reach an agreement on the direct(raw) labor rates in and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to 00 determine the CONSULTANT's actual costs. The audit findings will establish the direct(raw) labor rates and N classifications that will be applicable for the twelve (12) month period. � L O The fee as identified in Exhibits "D" and"E" shall represent a value to be applied throughout the life a of the AGREEMENT. 00 Y The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of 3 the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in a effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during a the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of 2 the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect Cn cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgement. ° The CONSULTANT shall maintain and have accessible support data for verification of the components of the c hourly rates, i.e., direct(raw) labor, indirect cost rate, and fee (profit)percentage. The CONSULTANT shall 0 bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. a� E Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 70 Agreement Revised 0313012021 E� B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel,printing, long distance telephone, supplies, computer charges. The CONSULTANT shall comply with the rules and regulations regarding travel N L costs (excluding air, train, and rental car costs) in accordance with the WSDOT'S Accounting Manual M 13- ° 82, Chapter 10—Travel Rules and Procedures, and all revisions thereto. Air, train and rental card costs shall m be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs."The s billing for direct non-salary costs shall include an itemized listing of the charges directly identifiable with these 3 SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. L a� C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under a this AGREEMENT shall not exceed the amount shown in the headingof this AGREEMENT on page one L P g ( ) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. W D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates N established in Exhibit"D," including names and classifications of all employees, and billings for all direct non- v salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, o titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. c E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be a made promptly upon its verification by the AGENCY after the completion of the SERVICES under this W AGREEMENT, contingent upon receipt of all PS&E,plans, maps, notes, reports, electronic data, and other a related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final a� Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT 2 may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to 0 any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may N pursue with respect to such claims. c 0 The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time a of final audit all required adjustments will be made and reflected in a final payment. In the event that such final Y audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute 3 a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per the WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures,"the a) CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process a to the AGENCY for audit findings. a� F. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six(6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upol these records with the following exception: if any litigation, claim or audit arising out of, in connection with, ° or related to this AGREEMENT is initiated before the expiration of the six(6)year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. v An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the CD State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. E Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 71 Agreement Revised 0313012021 8.F.a VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by vi this reference made part of this AGREEMENT. ° The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without Y prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. 3 c Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached E hereto and by this reference made part of this AGREEMENT. i The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each Task Order y unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall be in negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. c All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require v each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's o Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. d 3 The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable a requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the 00 CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result 0 in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. co L VII. Employment and Organizational Conflict of Interest 00 The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona N fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or c agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any Q fee, commission,percentage,brokerage fee, gift, or any other consideration, contingent upon or resulting from the Y award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annu W this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration 3 or otherwise recover the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. a E Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the a CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made .2 by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligatioi and responsibility of the CONSULTANT. ° The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this c AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this v AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly a retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 72 Agreement Revised 0313012021 8.F.a VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, vi subcontractors and successors in interest, agrees to comply with the following laws and regulations: ° • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 m (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) Y through 2000d-4a) • American with Disabilities Act of 1990 3 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 E d • Rehabilitation Act of 1973 • 49 CFR Part 21 a, (29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26 • Age Discrimination Act of 1975 RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) W In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. ci IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. a In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the 00 CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. 2 co No payment shall be made for any SERVICES completed after ten(10) days following receipt by the 00 CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notio N of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for a any excess paid. Y If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT 3 the above formula for payment shall not apply. �. c a� In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the E AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to a date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES in performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. N C If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to v perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 73 Agreement Revised 0313012021 8.F.a The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. N The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or ° more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The m CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT s unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(-,; 3 of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT = as set forth in the second and third paragraphs of this section. E m L Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of a, any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the w CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those right; with respect to any future act or omission by the CONSULTANT. CP c X. Changes of Work N The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as ci necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed of revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." d XI. Disputes W 00 Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the in Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under 00 the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or � L proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior ,0 Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto m agree that all questions shall be resolved by application of Washington law and that the parties have the right of Y appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The 3 CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. a� a� XII. Legal Relations a The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under thi AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State co of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington(STATE), the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part v from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 74 Agreement Revised 0313012021 8.F.a to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and/or the AGENCY, their N L agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom ° the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused m by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees, s sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legall 3 liable, and(b) the STATE and/or the AGENCY, its agents, officers, employees, sub-consultants, subcontractors c and or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's a) negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or a vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of 2 any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers o and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the N alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, c proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's .. agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or 3 communicated to STATE and/or the AGENCY, its agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly a improper appropriation or use of trade secrets,patents,proprietary information, know-how, copyright rights or 00 inventions resulting from STATE's and/or the AGENCY'S, their agents', officers' and employees' failure to comply 0 with specific written instructions regarding use provided to STATE and/or the AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or co any other persons for whom the CONSULTANT may be legally liable. 00 The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. N W L Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole 0 discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and m examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or Y any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. 3 The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 a, RCW. This waiver has been mutually negotiated by the Parties. a as Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contrac c administration. By providing such assistance, the CONSULT ANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. ° U The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. ° Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 75 Agreement Revised 0313012021 8.F.a Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. vn B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimur ,o limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the m aggregate for each policy period. Y C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for '3 any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined single limit for each occurrence. E as as L Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and a AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- a consultant and/or subcontractor as an additional insured(the "AIs"), with no restrictions or limitations concerning 2 products and completed operations coverage. This coverage shall be primary coverage and non-contributory and in any coverage maintained by the Als shall be excess over, and shall not contribute with, the additional insured c coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall 20 waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to v require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the execution of this AGREEMENT to: Name: Jason Barry a Agency: City of Kent a Address: 220 4th Avenue S City: Kent State: WA Zip: 98032 Email: jbarry@kentwa.gov in Phone: (253) 856-5546 Facsimile: (253) 856-6500 � N Cn No cancellation of the foregoing policies shall be effective without thirty(30) days prior notice to the AGENCY. .° The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to Y section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability 3 is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to a third parties be limited in any way. E CD The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, a and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is ca available to it under other provisions of this AGREEMENT, or otherwise in law. N C O U c E t v Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 76 Agreement Revised 0313012021 8.F.a XIII. Extra Work A. The AGENCY may at any time,by written order, make changes within the general scope of this AGREEMENI v6 in the SERVICES to be performed. `o B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,performance m of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise Y z affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment 3 in the: (1)maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms and shall modify this AGREEMENT accordingly. E d C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCI a decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. Cn as D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and(B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement 0 to this AGREEMENT. 0 XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. a W 00 XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. co 00 XVI. Certification of the Consultant and the AGENCY C4 L Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit ° "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Y Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's 3 over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and E submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements"prior to its performance of any SERVICES under this AGREEMENT. a as XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the c parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or ° be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, o y modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement v to this AGREEMENT. c as E Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 77 Agreement Revised 0313012021 8.F.a XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed vi to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, ° representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material m submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and Y conditions thereof. 3 XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt a from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, C% credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE c and AGENCY security data, or information which may jeopardize any part of the project that relates to any of v these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest 14 confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge,publish, transfer, c' sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent a or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have a been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. 2 co Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's 00 option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential N Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii) take whatever other CO steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. ° a As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: Y the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential 3 Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall E be subject to inspection, review, or audit upon reasonable notice from the AGENCY. L The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information a collected,used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Cn a� Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination o this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. N It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which c is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the v confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall E be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 78 Agreement Revised 0313012021 8.F.a The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to v6 L include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully .° disclosed to one of the parties by a third parry that is not acting as an agent or representative for the other party; m (iii) is independently developed by or for the other parry; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. 3 The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure E laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ a or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a a, public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or y otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that sucl U records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the CO. AGENCY will release the requested information on the date specified. o The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the U sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, Q liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants'information. t W XIX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years CO from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all"documents" N pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place Cn L of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall 0 cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until m all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6)year retention period. 3 For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s, a, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten a notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays,photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or co telephone conversations, and any and all other taped, recorded, written,printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the 5 CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original c or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. v c a) E Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 79 Agreement Revised 0313012021 E� For purposes of this AGREEMENT, `BSI"means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation v� L stored in various software programs such as: Email, Outlook,Word, Excel,Access, Publisher, PowerPoint,Adobe 2 Acrobat, SQL databases, or any other software or electronic communication programs or databases that the m CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks,work computers, cell phones, laptops or any other 3 electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. E d "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normall3 a, created, viewed, and/or modified. y a� The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one (1) of this AGREEMENT. v 0 d c d Q Signature Date 00 m L co 00 Signature Date N L O Q Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office Y of the Attorney General. 3 c m E m m L Q d V Cn N C O U c E t V Agreement Number: LA10844 Q Local Agency Professional Services Negotiated Hourly Rate Consultant Packet Pg. 80 Agreement Revised 0313012021 8.F.a Exhibit A Scope of Wor) 6 L O Project No. 17-3010 See Attached r c as E as as L Q V U) N C O U 0 v a� c a� a 00 CD r N Y CO r N N L O a m Y t 3 r c m E m as L IM Q N d V N N r C 7 N C O U r c E t v Agreement Number: LA 10844 Q Exhibit A-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 031301202 Packet Pg. 81 8.F.a KBA, Inc. 5/2/2024 vi EXHIBIT A SCOPE OF SERVICES m for Y LID 363: S 2181 Street/981 Avenue S from 941 Place S to S 2161 Street 3 r c as KBA, Inc. (Consultant)will provide Construction Management(CM)services to the City of Kent(Client), for 00) the project known as LID 363: S 218t' Street/98t'' Avenue S 94t' Place S to S 2161 Street (Project). a, These services will include consultation, contract administration, field observation, documentation, and Q material testing, as required during the construction of the Project, as detailed below. U Project Description: This project consists of widening the existing roadway to three lanes, adding shoulders, planter strips, curb and gutter, concrete sidewalk, lighting, retaining walls, a roundabout at the U) S 2161"St/981"Ave S intersection, undergrounding existing power lines,watermain, storm drainage, sanitary sewer, and other related work items. The Designer of Records is the City of Kent, (Designer) N C O I. CONSTRUCTION MANAGEMENT SERVICES v A. Consultant Contract and Team Management: Provide overall day-to-day management of the Consultant contract and Team, including: a� 1. Decide on best modes and frequency of communication with Client and Designer. Liaison and coordinate with Client on a regular basis to discuss Project issues and status. Q 2. Manage Consultant Team, comprised of Consultant's staff and its subconsultants, if any. 00 Organize and layout work for Consultant Team. Orient Client-provided Inspectors to Consultant }, inspection procedures and documentation. L r 3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to z Client monthly, an invoice and progress report describing services provided that period. o Prepare and submit reporting required by funding source(s), if any. L 4. Communication on Consultant contractual issues will be with the Client. The Client will be an ,o active member of the Project Team, consulted on design issues, and will be provided with m information affecting Project progress. Y Deliverables 3 • Monthly invoices and progress reports • Reporting required by funding source(s), if any E m a� L Q B. Preconstruction Services a 1. Review Contract Documents to familiarize team with Project requirements. a� 2. Organize and lead preconstruction conference: r a. Prepare and distribute notices. b. Prepare agenda. c. Conduct the meeting. c d. Prepare and distribute meeting notes to attendees and affected agencies. o U 3. Provide one set of preconstruction photographs. m E 1 of 7 a Packet Pg. 82 8.F.a KBA, Inc. 5/2/2024 vi Deliverables o • Preconstruction Conference Notice, Agenda, and Notes a • Preconstruction photos, digital files on electronic storage medium Y C. Construction Phase Services — Contract Administration 3 r 1. Liaison with the Client, construction contractor, Designer, appropriate agencies, adjacent property owners, and utilities. E a� a� 2. Provide the Client with weekly email update with high-level bulleted construction progress a, information. Update to include photos as requested by Client. Q 3. Schedule Review: a. Review construction contractor's schedules for compliance with Contract Documents. b. Monitor the construction contractor's conformance to schedule and request revised schedules when needed. Advise Client of schedule changes. 4. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction contractor, including Client pre-briefing. Prepare weekly meeting agenda and meeting notes ° U and distribute copies to attendees. Track outstanding issues on a weekly basis. 5. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate party, work plans, shop drawings, samples, test reports, and other data submitted by the -- construction contractor, for general conformance to the Contract Documents. c 6. Record of Materials. Maintain records of material compliance documentation received and advise Client of any known deficiencies. Q 7. Prepare weekly statement of working days and distribute to the Client and Contractor. 00 8. Manage RFI (Request for Information) process. Track and review/evaluate or cause to be reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs. r 9. Change Management. Evaluate entitlement, and prepare scope, impact, and independent N z estimate for change orders. Facilitate resolution of change orders. 00 r 10. Monthly Pay Requests. Prepare monthly progress estimates for payment. Review payment N requests submitted by construction contractor for comparison and reconcile differences. c Review with Client and construction contractor and recommend approval, as appropriate. a a. Evaluate construction contractor's Schedule of Values for lump sum items. Review the m Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. 3 11. Notify construction contractor of work found in noncompliance with the requirements of the contract. E m 12. Assist the Client in the investigation of malfunctions or failures observed during construction. 13. Public Information. Provide information for Client to prepare media communications and public a N notices on Project status. Provide information for Client's inclusion into a Project website and/or newsletter, if requested. a� 14. Record Drawings. Review not less than monthly, the construction contractor's redline set of cn contract plans. Maintain a CM Team set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by Consultant Team. Use these markups to check the progress of the Contractor-prepared Record Drawings. u3i c 15. Document Control. Establish and maintain document filing and tracking systems, following U Client guidelines and meeting funding agency requirements. Collect, organize, and prepare c documentation on the Project. 2 of 7 Q Packet Pg. 83 8.F.a KBA, Inc. 5/2/2024 vi a. Electronic documentation will be stored in a Project Website, using Autodesk Construction ° Cloud, managed and hosted by the Consultant. The Client will be provided with licenses Q for their and the construction contractor's use of the website during the Project. Consultant Y will provide one training session for Client and construction contractor users of the Autodesk Construction Cloud Document Management System, and ongoing support, as 3 needed. c b. The Project website will transition to"read-only"access upon expiration of the Agreement, E or upon project completion and transfer of final records, whichever occurs first. Transference of final records will include a digital copy of the files stored in the Project a, website. Access to the website will expire 60 days after transference of final records. Q 16. To comply with Article XIX. Protection of Confidential Information of the LAG Agreement, U maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential v) Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. 17. Project Closeout. If requested, prepare or assist with preparation of Certificate Letters of Substantial, Physical, and Final Completion for Client approval and signature, to include punch 0 U list. Prepare final pay estimate for Client approval and processing. 18. Final Records. Compile and convey final Project records, transferring to the Client for its archiving at final acceptance of the Project. Should Consultant's work end prior to full -- completion of the Project, its records will be transferred to the Client prior to departure from the Project. Records will consist of hard copy originals and electronic records on electronic storage = a� medium. > a Deliverables 000 as • Weekly email Construction Progress Update • Schedule Review Comments a� • Meeting Agendas and Notes in • Submittal Log • Record of Materials co • RFI Log N • Change Order(s) c • Progress Pay Requests '0 • Certificate Letters of Completion m • Final records—hard copy(if applicable) and electronic Y D. Construction Phase Services — Field 3 r c 1. Observe the technical conduct of the construction, including providing day-to-day contact with the construction contractor, Client, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1- 05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications. Q N 2. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes. Advise the Client of any non-conforming work observed during site visits. in r 3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor's operations as actually observed by the Consultant; includes estimated quantities of work placed that day, contractor's equipment and crews, photos of work performed, and other pertinent information. c 0 4. Interpret Construction Contract Documents, in coordination with Designer. v r c m E 3 of 7 Q Packet Pg. 84 8.F.a KBA, Inc. 5/2/2024 vi 5. Evaluate and report to Client issues that may arise as to the quality and acceptability of material ° furnished, work performed, and rate of progress of work performed by the construction a contractor. Y 6. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. 3 r 7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. aEi a� 8. Prepare field records, daily reports of force account worked, and other payment source a, documents to help facilitate administration of the Project in accordance with funding agency Q requirements. 9. Attend and actively participate in regular on-site meetings. 10. Take periodic digital photographs during the course of construction. Photographs to be labeled and organized in accordance with Client protocol. 11. Punch List. Upon substantial completion of work, coordinate with the Client and affected ,3n agencies, to prepare a `punch list' of items to be completed or corrected. Coordinate final o inspection with those agencies. L? 12. Testing. Conduct, materials and laboratory tests. Coordinate the work of the Field Representative(s) and testing laboratories in the observation and testing of materials used in v the construction; document and evaluate results of testing; and inform Client and construction contractor of deficiencies. ' c a� Deliverables Q • IDRs with Project photos—submitted on a weekly basis 00 • Field Note Records and Daily Reports of Force Account Worked • Additional Project photos not included in IDRs • Punch List(s) ; • Test reports N z co r N E. Assumptions N L 1. Budget: '0 a a. Staffing levels are anticipated in accordance with the attached budget estimate. Consultant Y services are budgeted for a 12-month period, from June 2024 through May 2025. This is intended to span the originally planned construction duration of 200 contractor working 3 days, plus time allotted for Project setup and closeout. Some Overtime has been figured into the budget during busier months. E b. Consultant will work up to the limitations of the authorized budget. If additional budget is needed to cover instances, including but not limited to the following, Client and Consultant a will negotiate a Supplement to this Agreement: y i. The contractor's schedule requires inspection coverage of extra crews and shifts. ii. The construction contract runs longer than the time period detailed above. iii. Any added scope tasks. r c iv. Adjustment of Consultant Indirect Cost Rate (ICR) percentage pursuant to the terms as outlined in Section V of the LAG Agreement. N c. The work is anticipated to be performed during daytime hours. Should night work be c necessary, a 15 percent differential for labor will be applied to all night shift hours worked v by Consultant's employees. m E 4 of 7 Q Packet Pg. 85 8.F.a KBA, Inc. 5/2/2024 vi d. If Consultant provides their own construction field office, Client will reimburse Consultant ° for all office costs, including lease and/or rental of space, equipment, utilities, and Q insurance. Y e. The budget allocations shown in Exhibit B are itemized to aid in Project tracking purposes only. The budget may be transferred between tasks or people, or between labor and 3 expenses, provided the total contracted amount is not exceeded without prior c authorization. E E a� f. The budget assumes that Consultant's standard forms, logs, and processes will be used L on the Project website. Any customization to meet specialized Client requirements will be Q Extra Work. g. Should Consultant's level of effort extend beyond the time period detailed in the attached Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1, with 30-day written notice to Agency. }, c 2. Items and Services Client will provide: a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare and distribute meeting notes from pre-bid meeting(s), if any. Lj b. Field office, including: i. workstations (desk, chair, and storage)for 3 staff ii. conference table and chairs iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color, r_ and of business quality Q iv. miscellaneous office supplies v. utilities and sanitary facilities 0) c. Retain Engineer of Record for shop drawing review, RFls,design changes, and final record drawings. d. Coordination with and enforcement of utility franchise agreements and/or contracts and z schedules for services related to this Project. co N e. Verify that the required permits, bonds, and insurance have been obtained and submitted N by the construction contractor. Obtain all permits not required to be provided by `o construction contractor. Q f. Construction Survey. Provide project control survey and staking that is not already Y assigned to the construction contractor. 3. Scope: 3 r c a. The Autodesk Construction Cloud tool being used on this Project is proprietary to the Consultant (KBA, Inc.), and may not be used by any other party or on any other project without the written permission and involvement of KBA, Inc. Q b. Constructability Review of design documents will be for constructability, for general 0 conformance with the design concept, and for contradictions and inconsistencies between 0) the various parts of the design documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights, gauges, or in fabrication processes; and will not include quantity takeoffs. c� c. Consultant will provide observation services for the days/hours that its' Inspector(s) personnel is/are on-site. The Inspector(s)will not be able to observe or report construction activities, or collect documentation, during the time they are not on-site. G U d. The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non-conforming work and pursue the other 5 of 7 Q Packet Pg. 86 8.F.a KBA, Inc. 5/2/2024 vi remedies in the interests of the Client, as detailed in the Contract Documents. The 0 Consultant cannot guarantee the construction contractor's performance, and it is a understood that Consultant shall assume no responsibility for proper construction means, Y methods, techniques, Project site safety, safety precautions or programs, or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or 3 Client's expectations. r c e. Definitions and Roles. The use of the term "inspect" in relation to Consultant services is E synonymous with "construction observation," and reference to the "Inspector" role is synonymous with "Field Representative," and means: performing on-site observations of a, the progress and quality of the Work and determining, in general, if the Work is being Q performed in conformance with the Contract Documents; and notifying the Client if Work does not conform to the Contract Documents or requires special inspection or testing. •2 Where "Specialty Inspector" or "specialty inspection" is used, it refers to inspection by a Building Official or independent agent of the Building Official, or other licensed/certified }, inspector who provides a certified inspection report in accordance with an established standard. N f. Because of the prior use of the Project site, there is a possibility of the presence of toxic or 0 hazardous materials. Consultant shall have no responsibility for the discovery, presence, U handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials in any form at the Project site, including but not limited to 0 asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances. If the Consultant suspects the presence of hazardous materials, they will notify the Client immediately for resolution. _ a� g. Review of Shop Drawings, samples, and other submittals will be for general conformance Q with the design concept and general compliance with the requirements of the contract for 00 construction. Such review will not relieve the Contractor from its responsibility for CD performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies, or omissions. y h. Any opinions of probable construction cost provided by the Consultant will be on the basis co of experience and professional judgment. However, since Consultant has no control over N competitive bidding or market conditions, the Consultant cannot and does not warrant that cn bids or ultimate construction costs will not vary from these opinions of probable `0 construction costs. Q i. Quantity takeoffs and calculated quantities are for the purpose of comparing with Y Designer's and/or bidders' quantities and are not a guarantee of final quantities. j. Development of construction schedules and/or sequencing, and/or reviewing and 3 commenting on contractor's schedules, is for the purpose of estimating number of days to m complete a project, for identifying potential schedule and coordination challenges, and E m determining compliance with the construction contract. It is not a guarantee that a a), construction contractor will complete the Project in that sequence or timeline, as means Q and methods are the responsibility of the construction contractor. k. Consultant is not responsible for any costs, claims or judgments arising from or in any way connected with errors, omissions, conflicts or ambiguities in the Contract Documents cn prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely completion by others. c 0 U I. If Consultant provides Value Analysis or Value Engineering services, it is understood that any ideas, advice, or recommendations generated by the Consultant are made based only E 6of7 a Packet Pg. 87 8.F.a KBA, Inc. 5/2/2024 vi on the information presented to them, and need engineering analysis by the Designer to ° verify; Consultant is not responsible for the final design product. Q m m. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement. 1 n. Consultant's insurance carrier provides coverage on ISO equivalent endorsement forms. 3 o. Services provided by the Consultant under this Agreement will be performed in a manner r_ consistent with that degree of care and skill ordinarily exercised by members of the same E profession currently practicing under similar circumstances, in the same geographical area and time period. a, Q p. Nothing in the Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other. Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with Consultant's services. v) q. Client agrees that Consultant will not be held liable for the completeness, correctness, r readability, or compatibility of any electronic media submitted to Client, after an acceptance period of 30 days after delivery of the electronic files, because data stored on electronic media can deteriorate undetected or can be modified without Consultant's U knowledge. r. Consultant will not be liable for any damage to the field office premises or utilities provided by Client, unless caused by Consultant's own negligence. a� s. Regarding Article XIX. Protection of Confidential Information, of the LAG Agreement, KBA will perform services under the following assumptions, and such assumptions are assumed acceptable to the AGENCY and the STATE: The AGENCY and/or the STATE Q will identify each and any item considered to be "State's Confidential Information" as " 00 confidential", as detailed below. Any information received by CONSULTANT that is not a� so labeled, will be assumed by CONSULTANT to not be "State's Confidential Information". CONSULTANT will return all items pre-identified as State's Confidential Information, to the AGENCY, and will not be required to take any other steps to protect y that information. 00 r II. OPTIONAL SERVICES N All services not detailed above, are considered Optional Services, which, along with any other Extra Work ,o requested by the Client, will be performed only when a mutually negotiated Supplement to this Agreement Q is executed, specifying scope of services and budget. m Y t 3 r c m E m as L Q N d V N N r C 7 N C O U r c E t v 7 of 7 Q Packet Pg. 88 8.F.a Exhibit B DBE Participation Plat 6 L O Q m Y �3 r c as E a� a� L Q V U) N C O U 0 v a� c a� a 00 L r N Y CO r N N L O a m Y t 3 r c m E m as L Q N d V N N r C 7 N C O U r c E t v Agreement Number: LA 10844 Q Exhibit B-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 89 8.F.a Exhibit C Preparation and Delivery of Electronic Engineering and Other Dati ,6 L O Q In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: 3 r c I. Surveying, Roadway Design & Plans Preparation Section E a� A. Survey Data a, N/A N as U a� c r N C O U 0 v a� c a� B. Roadway Design Files N/A o00, a as L r N Y co r N N L O a m Y t 3 r c m C. Computer Aided Drafting Files L N/A a N d V N N r C 7 N C O U r c E t v Agreement Number: LA 10844 Q Exhibit C-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 90 8.F.a D. Specify the Agency's Right to Review Product with the Consultant N/A vi L O Q m Y �3 r c as E a� a� L Q V E. Specify the Electronic Deliverables to Be Provided to the Agency U) c See Exhibit A - Scope of Services ° N C O U 0 v a� c a� a 00 L F. Specify What Agency Furnished Services and Information Is to Be Provided in See Exhibit A - Scope of Services CO N N L O a m Y t 3 r c m E m as L Q N d V N N r C 7 N C O U r c E t v Agreement Number: LA 10844 Q Exhibit C-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 91 8.F.a IL Any Other Electronic Files to Be Provided vi L O Q m Y �3 r c as E a� a� L Q V U) N C O U 0 v a� c a� a 00 11I. Methods to Electronically Exchange Data as On-going project correspondence will be provided via email and hard copy format during the life of the agreement. Deliverables will be provided via hard copy or electronic storage medium at closeout. z co r N N L O a m Y t 3 r c m E m as L Q N d V N N r C 7 N C O U r c E t v a Exhibit C-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 92 8.F.a A. Agency Software Suite Microsoft Office Suite, Autodesk Build vi L O Q m Y �3 r c as E a� a� L Q V B. Electronic Messaging System U) Microsoft Outlook r N C O U 0 v a� c a� a 00 CD C. File Transfers Format in At project completion, hard copy records will be transferred to Client and electronic records will be co r transferred via electronic storage medium (thumb drive). N L O a m Y t 3 r c m E m as L Q N d V N N r C 7 N C O U r c E t v a Exhibit C-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 93 8.F.a Exhibit D Prime Consultant Cost Computation: ,6 L O See Attached CO Y �3 r c as E a� a� L Q V U) N C O U 0 v a� c a� a 00 L r N Y CO r N N L O a m Y t 3 r c m E m as L IM Q N d V N N r C 7 N C O U r c E t v Agreement Number: LA 10844 Q Exhibit D-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 94 8.F.a S 218th St- 98th Ave S from 94th PI S to S AUG P B .. . JUN JUL OCT NOV DEC JAN c _ 216th St 0 1 1 1 1 1 � 1 1 ,. •, r �� City of Kent Working Days/Month 20 22 22 20 23 19 21 22 20 21 22 21 N Hours/Month 160 176 176 160 184 1S2 168 176 160 168 176 168 0 KBAJob No. Enter KBA Project No. Overtime Utilization% 12% 12% 12% 12% 11% 10% 4% 6% 8% 10% 11% 12% () Cost+Net fee(on DSC Only) Regular+OT Hours/Month 179 197 197 179 204 167 175 187 173 185 195 188 ' Prepared On:5/15/2024 r Project Schedule Ir -t- O CTION July 12025 CONSTRUCTION-200 3 11 Working Days Elf= C d a 2024 2025 HoursVehicle ToZ--`J1 JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY KBA 2024 20241 124 2024 20241 125 2025 2025 / 00 Rate Rate 0 rn H Paul Garrett M003 Manager III None 01.00 $ 95.40 $ 100.17 8 2 2 2 2 1 H Cameron Bloomer E005 Engineer V None 01.00 $ 82.00 $ 86.10 96 8 8 8 8 8 8 8 8 8 8 8 8 12) F Cameron Bloomer E005 Engineer V None 02.00 $ 82.00 $ 86.10 - L H Erica Dougherty E004 Engineer IV None 01.00 $ 70.00 $ 73.50 32 8 8 8 8 (n H Jean Peabody A003 Administrator III None 01.00 $ 38.00 $ 39.90 36 3 3 3 3 3 3 3 3 3 3 3 3 H Sean Flint T006 Technical Representative VI 4D-SUV 03.00 $ 75.60 $ 75.60 120 120 00 r F Sean Flint T006 Technical Representative VI 4D-SUV 02.00 $ 75.60 $ 75.60 1,816 176 184 168 192 152 168 176 160 176 184 80 N F Pascal Cyambarantama E003 Engineer III 4D-SUV 02.00 $ 55.56 $ 58.34 1,712 40 176 184 168 184 152 128 136 160 168 176 40 (n Subtotal-KBA Labor Hour�� 1181 363 379 347 397 31S 307L. 1- • a Projectm DE KBA Field Vehicle Monthly 4-Door SUN $ 1,159,20 26,430 11855 2,318 2,318 2,318 2,318 2,318 2,318 2,318 2,318 2,318 2,318 1,391 DE Internet 2200, 200 200 200 200 200 200 200 200 200 200 200 }' 3 r c 2024 202S OCTTask Loaded Loaded Total JUN JUL AUG SEP . DECE 2024 2024 2024 20241 125 2025 20251 / a) Rate Rate aD L Akana Sue Timms-Project Controls Sub.01 $139 $ 145.58 137,996 5,546 11,092 13,310 15,306 12,644 13,975 12,201 11,646 12,228 15,373 14,674 � Akana Jeff Faunce-Project Management Sub.01 $393 $ 412.54 4,400 393 393 393 393 393 393 393 413 413 413 413 a Laura Hendricks-Contract Admin Sub.01 $101 $ 106.31 1,134 101 101 101 101 101 101 101 106 106 106 106 N d HWA Materials/Special Inspection Sub.02 88,671 10,000 10,000 10,000 10,000 6,000 6,000 6,000 6,000 10,000 12,671 2,000 _V 2024 2025 OCTIN JUN JUL AUG SEP • DEC +' -o-tibined CostsdAL.. DSC 14 2024 20241 124 2024 20241 125 2025 2025 2025IC r H Paul Garrett M003 Manager III 01.00 $95.40 $100.17 782 191 - - - 191 - - - 200 - - 200 y H Cameron Bloomer E005 Engineer V 01.00 $82.00 $86.10 8,036 656 656 656 656 656 656 656 689 689 689 689 689 r- F Cameron Bloomer E005 Engineer V 02.00 $82.00 $86.10 - - - - - - - - - - - - - 0 H Erica Dougherty E004 Engineer IV 01.00 $70.00 $73.50 2,296 560 - - - 560 - - - 588 - - 588 V H Jean Peabody A003 Administrator III 01.00 $38.00 $39.90 1,397 114 114 114 114 114 114 114 120 120 120 120 120 C H Sean Flint T006 Technical Representative VI 03.00 $75.60 $75.60 9,072 9,072 - - - - - - - - - - - F Sean Flint T006 Technical Representative VI 02.00 $75.60 $75.60 137,290 - 13,306 13,910 12,701 14,515 11,491 12,701 13,306 12,096 13,306 13,910 6,048 F Pascal Cyambarantama E003 Engineer III 02.00 $55.56 $58.34 97,008 2,222 9,779 10,223 9,334 10,223 8,445 7,112 7,934 9,334 9,801 10,267 2,334 a Packet-Pg. 95 8.F.a Subtotal Direct Labor Cost 22,805 r r. 20,582 22,048 23,027 Home Overhead 34,241 1 16,805 1,222 1,222 1,222 2,413 1,222 1,222 1,283 2,533 1,283 1,283 2,533 (Q Field Overhead 347,510 3,296 34,238 35,795 32,682 36,692 29,570 29,386 31,503 31,785 34,271 35,861 12,431 Subtotal Overhead Cost $ 20,102 35,460 37,016 33,904r Subtotal Fee 30%of Direct Salary&Overhead Costs 5 7,156 7,471 6,841 7,878 6,212 6,175 6,614 6,908 7,174 7,496 2,994 O Subtotal Fully Loaded Labor Costt�. 7F36,762t U Subtotal Direct Expenses 5 2,518 2,518 2,518 2,518 2,518 2,518 2,518 2,518 2,518 2,518 1,591 Subtotal Subconsultant Costs 0 21,586 23,804 25,801 23,139 20,470 18,695 18,165 18,747 25,892 27,864 2,000 Management Reserve - - - - - - - - - - - - � ESTIMATED TOTAL 975,226 44,656 •t :t100,008 v d DBE% 23.81% 3 Total Contract%of Aparent Low Bid 15.93% d Total Contrail%of EE 12.42% Q t 00 CF) ly L W 00 r N L O a m Y t �3 r c a� E 0 ly L a V ly lC 3 0 U c E t c� R Q Packet-Pg. 96 8.F.a Exhibit E Sub-consultant Cost Computation: 6 L O There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for m the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Y Refer to section VI "Sub-Contracting" of this AGREEMENT. 3 r c as E as as L Q V U) N C O U 0 v a� c a� a 00 CD r N Y co r N N L O a m Y t 3 r c m E m as L Q N d V N N r C 7 N C O U r c E t v Agreement Number: LA 10844 Q Exhibit E-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 97 8.F.a Project Cost Estimate HWA Ref: 2024-137 Inspection & Testing �� GEOSCIENCES INC. Date: 9-May-24 00 S 218th Street Hill Climb1 N Kent,Washington DBEIMWBE Prepared By: BKH/BS L- Prepared For: Cameron Bloomer, PE, KBA Inc. ° PROPOSED WORK SCOPE: Y This cost estimate is based on plans and specifications provided by Client. r 1. Sampling and acceptance/Proctor testing of CSBC, CSTC,Gravel Borrow, Gravel Backfill for SEW, Gravel Backfill for PZB,Foundation Material,Bank Run Gravel, and 3 construction. _ m 2. Inspection and testing of compacted aggregates for utility trenches,wall construction,roadway/sidewalk subgrade,and ADA ramp construction. a� 3. Concrete aggregate sampling and testing for acceptance. 4. Concrete sampling for pavement, crosswalks roundabout elements luminaire foundations and driveways. o curb/ tter ADA rams per Client request) a p g p � � Y � � � p P w 5. Sampling of HMA aggregate for acceptance and oil at the plant for ignition oven correction factor. 6. Sampling and testing HMA during paving for Rice density, extraction and gradation(minimum: one test sample per 1000 tons). d 7. Inspection and testing of HMA placement and compaction(minimum: one test per 100 tons). 8. Written field reports will be prepared for all inspections and reviewed for QC. c Material Testing -ESTIMATED HWA LABOR: 0 0 2024 PERSONNEL&BILLING RATES Scope of Services GeoEng VIII GeoEng II Geol VI Geol II Contracts TOTAL TOTAL Q $92.00 $43.50 $60.00 $35.00 $35.00 HOURS AMOUNT Aggregate Inspection and Testing, including: _ d Sampling of CSBC,CSTC,Gravel Borrow,Gravel Backfill for SEW,Gravel Backfill for PZB, Q Foundation Material,Bank Run Gravel,and sand bedding at WSDOT intervals 2 sources 20 20 $700 Inspection and Testing of Storm and Sewer Trench Backfill 12 visits 60 60 $2,100 CD Inspection and Testing of Water Main Trench Backfill(5 visits) 25 25 $875 z Inspection and Testing of Fiber Trench Backfill 4 visits 20 20 $700 i Inspection and Testingof Wall Backfill 6 visits 30 30 $1,050 C� Inspection and Testing of compacted aggregates for roadway/sidewalk construction(8 visits) 40 40 $1,400 Asphalt Inspection and Testing, including: N Inspection and Testing during HMA permanent trench patching(4 visits) 40 40 $1,400 v) Inspection and Testing during HMA Roadway/Overlay (4 visits) 40 40 $1,400 0 HMA Oven Ignition Correction Sampling of Aggregate and Oil(3 mixes x 2 initial sources,then at Q WSDOT sampling frequency) 24 24 $840 m Y HMA Sampling at Batch Plant(6 trips) 24 24 $840 Concrete Inspection and Testing, including: 3 Driveway Testing(8 visits,plus pickups) 64 64 $2,240 c Pavement Testing 3 visits,plus pickups) 24 24 $840 E E Crosswalk Testing(3 visits,plus pickups) 24 24 $840 Luminaire Foundations Testing(2 visits,plus pickups) 16 16 $560 Geotechnical ObservationlProject ManagementME- w Preconstruction Meeting 2 2 $120 Geotechnical Observations for foundations,unsuitable soils,etc 20 20 $870 m QA Review,PM,Reporting, Submittal Reviews,Report Distribution&Billing 12 12 8 32 $2,104 C0 DIRECT SALARY COST 12 20 1 14 451 8 505 $18 879 0 U _ d E t v Kent S 218th Street Hill Climb - Estimate 5-9-24 Q Packet Pg. 98 8.F.a z LABORATORY TESTING SUMMARY: Est.No. Unit Total 00 Tests Cost Cost cm Acceptance Testing for CSBC and CSTC GS, SE,Fracture -assume 2 initial sources 6 $375 $2,250 07 L Acceptance Testing Gravel Borrow,GB for SEW,GB for PZB,Foundation Material,Bank Run Gravel and Sand ,o Bedding(GS, SE)-assume 2 sources 17 $310 $5,270 m Proctor Tests on all Materials to be Compacted 17 $285 $4,845 1 Concrete Compressive Strength Cylinders assume 16 sets x 4 cylinders each set 64 $35 $2,240 r Concrete Aggregate Acceptance(GS)(assume 3 mixes x 2 sources x 2 aggregates er mix) 12 $195 $2,340 3 HMA Oven Correction Factor(3 mixes x 2 sources x 3 burns per mix) 18 $160 $2,880 HMA:Rice Density,Extraction/Gradation(6 samples) 6 $385 $2,310 E TOTAL LABORATORY TESTING: $22,135 a� a ESTIMATED DIRECT EXPENSES: Mileage to Job Site IRS Rate 0.67/mile,assume 59 trips $2,960 Mileage for Sampling Aggregates and HMA at Sources $1,000 y Nuclear Gauge Rental(Thin Lift or Soil):43 days @$50/day $2,150 �. c TOTAL DIRECT EXPENSES: $6,110 ESTIMATED PROJECT TOTALS AND SUMMARY: c Direct Salary Cost(DSC) $18,879 v OH @ 1.9007 *DSC $35,883 r FF @ 30%*(DSC) $5,664 Q Total Labor Cost $60,426 Laboratory Testing $22,135 Direct Expenses $6,110 > ESTIMATED TASK TOTAL: $88,671 s 00 Assumptions: 1. These estimates may require adjustment due to the Contractor's rate of construction,weather delays,source changes and/or other factors beyond our control. d 2. The HWA PM reserves the right to shift hours between the various subtasks as required. i� 3. The HWA work scope does not include safety assessment nor work pertaining to any environmental issues. z 4. This cost estimate was prepared with the understanding that the Client will schedule inspection as needed. 00 5. All night work is charged at an 8 hour minimum segment.Night work cancelled within 12 hrs of N 6. All weekend work is charged at an 4 hour minimum segment.Weekend work cancelled within 12 hrs of scheduled time will be charged 4 hrs. c 7. 3000 psi,Commercial,and concrete for curb/gutter,ADA ramps,sidewalks and thrust blocks will not be tested(per Client). Q 8. No density testing will be needed for water service connections outside of the roadway prism. Y z 3 c as E aD d L a N O t� d co C R r 7 N C O U c d E t v Kent S 218th Street Hill Climb - Estimate 5-9-24 Q Packet Pg. 99 8.F.a EXHIBIT A uj SCOPE OF SERVICES 0 Construction Management Services Q Kent S.2181h St—981"Ave S from 941"PI S to S 2161h St m Y t Akana (CONSULTANT)will provide professional Construction Management(CM)Services for KBA on the S.218th St 3 -98th Ave S from 94th PI S to S 216th St for the City of Kent(CITY).These services will include,contract administration,as required during the"S. 218th St-98th Ave S from 94th PI S to S 216th St Project". All services will be provided in accordance with City of Kent standards,and the Washington State Department of (D Transportation's(WSDOT) Local Agency Guidelines and Construction Manual. Q Consultant will be providing A contract admin(Proposed Sue Timm)on a Part time basis to assist in the performance a) of the duties listed below. a� U) Project Description The project includes construction of the S. 218th St-98th Ave S from 94th PI S to S 216th St Project.The project scope is estimated to take 200 working days, and the work is commensurate with other preservation projects.This w project will follow WSDOT lag manual requirements. 0 U Work Breakdown Structure by Tasks 100 Pre-Construction Services: o 101 CONSULTANT will review bid documents to become familiar with the project. 102 CONSULTANT will prepare hard-copy and electronic files for project documentation. 3 103 CONSULTANT will prepare Project Templates for: A. Design Changes Q B. Change Orders and Change Order Justifications 00 .r C. Case Log and Case Log Files D. Pay Estimates, including Ledger +, E. Coordination Meeting Agendas, Minutes and Sign-In Sheets 104 CONSULTANT will prepare Project Logs for tracking: N A. Design Changes 00 B. Change Orders T11 C. Requests for Information(RFI) N D. Submittals `o E. Employment Documentation Q 105 CONSULTANT will prepare for a Pre-Construction meeting. Duties will include: M A. Assisting in the Preparation of an agenda draft B. Developing an attendees list with input from CITY. 3 C. Preparing Meeting Minutes,sending them to KBA for review/comments, revising them per comments and distributing them to attendees and affected stakeholders. m 106 CONSULTANT will prepare a monthly CONSULTANT progress invoices for KBA review and payment. Under m the provisions of this contract a total of 8 invoices shall be prepared and presented to KBA. °) Q N d 200 Construction Management Administration: 201 CONSULTANT will prepare a Progress Pay Estimates for work performed by Contractor. Under the to provisions of this contract up to a total (10) Pay Estimates shall be prepared. These will be completed once KBA and Contractor have reached agreement on estimate quantities. M 202 CONSULTANT will monitor Contractor and Sub-Contractor's employment documentation for adherence to 3 contract requirements. Monitoring will include: o A. Maintaining Employment Documentation Log. U B. Collecting, reviewing,and approving(or rejecting) Requests to Sublet. C. Collecting Certified Payrolls to verify 10%that they meet contract wage requirements. D. Collecting Statements of Intent to pay prevailing wages. t E. Collecting Affidavits of Wages Paid. a > Packet Pg. 100 8.F.a F. Maintenance of documentation logs, including RFIs,Submittals uj G. Assist in maintaining ROM 0 H. Maintain DBE tracking log Q I. Maintain Force Account Log m Y J. Assist in maintaining Change Order log see below K. Assist with preparation of contractor's monthly pay applications 3 203 The CONSULTANT will update the RFI Log as RFIs are submitted and resolved. 204 CONSULTANT will track issues that may eventually have impacts to the project budget or schedule. These issues will be documented. Information included in the Log will be: (D A. An assigned number that will be used to track each issue separately. B. The date the issue became known. Q C. A description of the issue. a) D. An estimate of the lowest cost necessary to resolve the issue. If resolution creates an overall decrease to the budget,this amount would be negative. E. An estimate oft he highest cost necessary to resolve the issue. F. An estimate of the issue's impact on Working Days. G. A summary of project documents that relate to the issue. w H. Comments relating to the issue. 0 205 CONSULTANT will assist KBA to prepare Change Orders U A. Maintaining the Change Order Log. 0 v a� 0 300 Construction Services-Field: Working Days 200 y a 400 Materials: 00 KBA shall perform a preliminary review of submittals. 401 CONSULTANT will update the Submittal list as submittals are rejected,approved,or conditionally +, approved as well as when test results are obtained. 9) r N t 500 Project Completion: a r° Assist the CITY with the close-out of the project. Items of work include the following: N 501 This includes up to(2) Project Closeout Meetings. The CONSULTANT will prepare and distribute the `o agendas and minutes. Q 502 CONSULTANT will coordinate with the Contractor to obtain all outstanding project documentation. M 503 CONSULTANT will prepare the Final Pay Estimate and Voucher. Prior to being issued to the Contractor, drafts of these items will be routed to KBA for review/approval. 3 504 CONSULTANT will review the project records to verify that they are complete. This will be a last check r c before hard-copy files are transferred to the CITY. 505 Attend a wrap up meeting with the CITY. a) a) L Q Deliverables/Schedule: m Cause the Review and process according the WSDOT 2023 Standard Specifications.The goal of all submittal reviews is to be returned to the CC within 3 to 5 days. r c c� 3 a. Review of Shop Drawings,samples,and other submittals will be for general conformance with c the design concept and general compliance with the requirements of the contract for U construction. Such review will not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. a 2 Packet Pg. 101 8.F.a b. Any opinions of probable construction cost provided by the Consultant will be on the basis of uj experience and professional judgment. However, since Consultant has no control over o competitive bidding or market conditions, the Consultant cannot and does not warrant that Q bids or ultimate construction costs will not vary from these opinions of probable construction m Y costs. t c. Consultant is not responsible for any costs, claims or judgments arising from or in any way 3 connected with errors, omissions, conflicts or ambiguities in the Contract Documents prepared by others. The Consultant does not have responsibility for the professional quality or technical adequacy or accuracy of the design plans or specifications, nor for their timely 00) completion by others. d. Services provided by the Consultant under this Agreement will be performed in a manner Q consistent with that degree of care and skill ordinarily exercised by members of the same a) profession currently practicing under similar circumstances,in the same geographical area and ?_ time. ta) c r N C O 800 Optional Field Services: U Upon written approval from KBA,the CONSULTANT shall provide engineering services beyond the work identified above. Services may include the addition of new tasks;additional working days added to the contract or increasing the work effort of the engineering services as directed by the CITY. Such work shall be specified in a written �— Supplement to this Agreement. 3 c a� Additional work elements for consideration and recommended by the Consultant include: Q Optional services may include:additional work caused by extension of contract time due to Non-Working Days or 00 schedule delays,additional project meetings,,document printing and overtime due to the contractor working weekends. ' m a� L r N Assumptions Cont: 00 • This scope and fee does not include construction support services during non-working or suspension days. N A Non-Working Day is defined in the WSDOT Standard Specifications as"...unworkable because of weather N L or conditions caused by the weather that prevents satisfactory and timely performance of the work shown ,o on the critical path of the Contractor's approved schedule." If the contract amount under this agreement m is exceeded,the CONSULTANT may request a supplement to cover the costs incurred from work completed Y on Non-Working Days. • Construction will take no more than200 working days. 3 • The Contractor will be responsible for environmental documentation requirements. • No Overtime has been estimated. E • Assume the contractor will work 8:00 am to 5:00pm,working a 40 hour week,8 hours a day, I shift. • Office space for Consultant will be provided by the Contractor. aM Q • Consultant will provide vehicle and fuel,cell phone,standard safety wear and laptop computer. • Mileage for CA,assume 40 ca x trips @ 80 miles a� Deliverables bV Task: N r c • 100 Pre-Construction Services 3 0 104 Prepare hard copy and electronic file for project documentation c 0 105 Prepare Project Templates (Design Changes, Change orders, Case Logs, Pay Estimates and U ledger, Forecasted cost of Completion) 0 106 Prepare Project Logs (Design Changes, Change orders, RFI's, Submittals, Materials on Hand, Employment) t 0 107 Pre-construction meeting agenda,sign-in sheet and minutes a 3 Packet Pg. 102 8.F.a 0 109 (8)CONSULTANT Progress Invoices • 200 Construction Management Administration p o 201 Up to(10) Pay Estimates Q o 203 Employment documentation and tracking log for Contractor and Sub-Contractors m Y o 204 RFI responses and RFI Log t 0 205 Issue Log 3 0 206, CO Log • 300 Construction Services—Field a) E 0 301 none w • 400 Materials 0 none Q • 500 Project Completion 0 501 Meeting agendas,sign-in sheets and minutes for up to(2)close-out meetings ?_ o 502 Final Pay Estimate and Voucher (D U) o 503 Hard-copies of project files o 504 Attend Wrap up meeting N O • 800 Additional Services U 0 v a� c a� a 00 CD r N Y co r N N L O a M Y t 3 r c m E m as L Q N d V N N r C 7 N C O U r c E t v a 4 Packet Pg. 103 8.F.a Exhibit F - Title VI Assurances Appendix A & E APPENDIX A vi 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: m Y 1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Acts 3 and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of c Transportation, (Title of Modal Operating Administration), as they may be amended from time to time,which E are herein incorporated by reference and made a part of this contract. L 2. Non-discrimination: The contractor,with regard to the work performed by it during the contract, will not y discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, 2 including procurements of materials and leases of equipment. The contractor will not participate directly or Cn indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. o [Include Modal Operating Administration specific program requirements.] N c 0 3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, v 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.[Include Modal Operating Administration specific program requirements.] a W 00 4. Information and Reports: The contractor will provide all information and reports required by the Acts,the 0 Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other 4) sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal 2 Operating Administration) to be pertinent to ascertain compliance with such Acts,Regulations, and z 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 Recipient or the (Title of Modal Cn Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. .° a 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination Y provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including,but not limited to: 3 c as 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. a, a 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any Cn subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor w becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, c the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In v addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. E a LA-10844 Local Agency Professional Services Negotiated Agreement Numb Hourly Rate Consultant Agreement Revised 0313012021 1 Packet Pg. 104 8.F.a Exhibit F - Title VI Assurances Appendix A & E C6 APPENDIX E o` 2 Q During the performance of this contract, the contractor, for itself, its assignees, and successors in interest Y (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 3 c a� Pertinent Non-Discrimination Authorities: E d as L • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits Q N discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • 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 W Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); c O • 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; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits c discrimination based on race, creed, color, national origin, or sex); a • 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 a 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 2 contractors, whether such programs or activities are Federally funded or not); co z • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of o disability in the operation of public entities, public and private transportation systems,places of public N accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by W LO Department of Transportation regulations at 49 C.F.R. parts 37 and 38; a • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits m Y discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and 3 Low-Income Populations, which ensures discrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or E environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, a and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); vn • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating r_ because of sex in education programs or activities (20 U.S.C. 1681 et seq). N C O U c E t v Q LA-10844 Local Agency Professional Services Negotiated Agreement Numb Hourly Rate Consultant Agreement Revised 0313012021 1 Packet Pg. 105 8.F.a Exhibit G Certification Document: L O Exhibit G-1(a) Certification of Consultant m Y Exhibit G-1(b) Certification of Agency Official �3 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions E a� L Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying a Exhibit G-4 Certificate of Current Cost or Pricing Data as U) c r N C O U 0 v a� c a� a 00 L r N Y co r N N L O a m Y t 3 r c m E m as L Q N d V N N r C 7 N C O U r c E t v Agreement Number: LA 10844 Q Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 106 8.F.a Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of vi KBA, Inc. ° whose address is a 11201 SE 8th Street, Suite 160, Bellevue, WA 98004 Y and that neither the above firm nor I have: 3 a) Employed or retained for a commission, percentage,brokerage, contingent fee, or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) E to solicit or secure this AGREEMENT; a b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or as c) Paid, or agreed to pay, to any firm, organization or person(other than a bona fide employee working solely W for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in o connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); N c I acknowledge that this certificate is to be furnished to the City of Kent ci and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. c as a KBA, Inc. a Consultant(Firm Name) m L co 00 r N W Signature(Authorized Official of Consultant) Date ,o a m Y t 3 c m E O m L a d V Cn ig N C O U c E t v Agreement Number: LA10844 a Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 107 8.F.a Exhibit G-1(b) Certification of City of Kent I hereby certify that I am the: v� L Q ❑,/ Agency Official Q m ❑ Other Y z of the City of Kent , and KBA, Inc. c or its representative has not been required, directly or indirectly as an express or implied condition in connection E with obtaining or carrying out this AGREEMENT to: L a) Employ or retain, or agree to employ to retain, any firm or person; or a N O b) Pay, or agree to pay, to any firm,person, or organization, any fee, contribution, donation, or consideration 2 of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the City of Kent o and the Federal Highway Administration, U.S. Department of Transportation, in connection with this N AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and v Federal laws, both criminal and civil. 0 d c d Signature Date a z 00 w m L co 00 r N W L O Q m Y t 3 c m E O m L Q d V Cn N C O U c E t V Agreement Number: LA10844 Q Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 108 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Cd L I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; .3 B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgmer a rendered against them for commission of fraud or a criminal offense in connection with obtaining, m attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under L a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, a theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Cn as C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and N c 0 D. Have not within a three (3)year period preceding this application/proposal had one or more public U transactions (Federal, State and local) terminated for cause or default. 0 IL Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. as ¢ 0 as as KBA, Inc. co Consultant(Firm Name) 0 N Cn L O M¢ W Signature(Authorized Official of Consultant) Date z 3 c m E O m L ¢ d V Cn ig N C O U c E t 0 Agreement Number: LA10844 ¢ Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 109 8.F.a Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying v; L The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: m Y 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member 3 of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection a with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, a, or modification of Federal contract, grant, loan or cooperative AGREEMENT. Q N O 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with this c Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 0 This certification is a material representation of fact upon which reliance was placed when this transaction v was made or entered into. Submission of this certification is a prerequisite for making or entering into 0 this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00, and not more than$100,000.00, for each such failure. a Q The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed$100,000, a and that all such sub-recipients shall certify and disclose accordingly. as L co 00 KBA, Inc. N W Consultant(Firm Name) `o Q m Y t 3 c Signature(Authorized Official of Consultant) Date E m m L Q d V Cn N C 0 U c E t v Agreement Number: LA10844 Q Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 110 8.F.a Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data(as defined in section vi 2.101 of the Federal Acquisition Regulation(FAR) and required under FAR subsection 15.403-4) submitted, ° either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's m representative in support of S 218th Street-98th Ave S from 94th Place S to S 216th Street * are accurate, complete, and current Y as of May 24, 2024 **. .3 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT'S between the offer or and the Government that are part of the proposal. E as L Firm: KBA, Inc. a N O t� N Cn C Signature Title rn c 0 U 0 Date of Execution***: d c as a W 00 as as L co 00 r N W L O Ma W Y t 3 c m E m m L a d V Cn N C O U *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title. d **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. E ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the 0 contract price was agreed to. Agreement Number: LA10844 a Exhibit G-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03/30/20 Packet Pg. 111 8.F.a Exhibit J Consultant Claim Procedure: L The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following Y procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the 3 Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) a that total $1,000 or less. E as L This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential a claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager Cn If the consultant determines that they were requested to perform additional services that were outside c of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. 0 The consultant's claim must outline the following: v • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; 3 c • Timeframe of the additional work that was outside of the project scope; > a • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work; and a • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. CO Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation 00 N After the consultant has completed step 1, the next step in the process is to forward the request to the c Agency's project manager. The project manager will review the consultant's claim and will met with the a Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the Y FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region 3 Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from a agency funds. E a� If the Agency project manager, Director of Public Works or Agency Engineer,WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including 0 backup documentation to the consultant to either supplement the agreement, or create a new agreement 2 for the claim.After the request has been approved, the Agency shall write the supplement and/or new CO agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. ° If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. c U c E t v Agreement Number: LA10844 Q Exhibit J-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 112 8.F.a Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary v6 for the Director of Public Works or Agency Engineer that included the following: ° • Copy of information supplied by the consultant regarding the claim; m Y • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; 3 c a� • Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associated E with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's y claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and in • Recommendations to resolve the claim. o Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation 0 The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as o appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation,payment will need to be from agency funds. a Step 5 Informing Consultant of Decision Regarding the Claim 00 0 The Director of Public Works or Agency Engineer shall notify(in writing) the consultant of their final , decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) L and rationale utilized for the decision. CO Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) N M The agency shall write the supplement and/or new agreement and pay the consultant the amount `o of the claim. Inform the consultant that the final payment for the agreement is subject to audit. a m Y t 3 c m E m m L Q d V Cn N C 0 U c E t v Agreement Number: LA10844 Q Exhibit J-Local Agency Professional Services Negotiated Hourly Rate Consultant Agreement Revised 03130120 Packet Pg. 113 8.G • KENT W A S M I N G T O N DATE: June 18, 2024 TO: Kent City Council SUBJECT: Flood Protection Levee Easement with King County - Authorize MOTION: I move to authorize the Mayor to sign the Flood Protection Levee Easement with King County for levee repair and maintenance, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The U.S. Army Corps of Engineers is proceeding with repairs to the McCoy Levee, which is located just south of S. 259th Street along 80th Avenue S. The repairs are necessary due to damage from a high river event that occurred in February 2020. This project includes relocation of the federal levee alignment, starting from the damaged levee section to the City's previously built setback levee, along with construction of a new ring dike to protect an existing PSE gas regulating station. King County is the local sponsor of the levee and will have permanent maintenance responsibility for the setback levee. King County needs the City to grant a Flood Protection Levee Easement over King County Tax Parcel Nos. 000660-0110 (15,149 SF); 000660-0030 (34,753 SF); 346280-0005 and 346280-0007 (combined 27,340 SF) and across 3,245 SF of right-of-way located on a portion of S. 259th Street, First Ave. S., and 80th Ave. S. These easements are needed for repairs and future maintenance by the Corps of Engineers and King County, including restoration of riverbank protections and other flood protection related works. These easements will allow King County to maintain the City's setback levee in perpetuity and include it within the federal levee system. King County would not compensate the City for these easements; however, King County would have maintenance responsibilities for the levee and the ability to request U.S. Army Corps of Engineers' participation in any future repairs, which is a benefit to the City. Staff has reviewed the easement and King County's project needs and recommends that Council authorize the Mayor to sign the easement necessary to complete this project. BUDGET IMPACT: No new impact. Packet Pg. 114 8.G SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. McCoy—Kent—Easement (PDF) 06/04/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 6/18/2024 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud Packet Pg. 115 8.G.a AFTER RECORDING RETURN TO: a� King County Water and Lands Resources Division o Open Space Acquisitions 201 South Jackson Street, Suite 5600 a Seattle,WA 98104 c 0 U FLOOD PROTECTION LEVEE EASEMENT Y z Grantor: City of Kent, a Washington municipal corporation 3 c as Grantee: King County,a home rule charter county and political subdivision of the State of E Washington w a� Legal Description (abbreviated): NE '/a Sec. 25, T22N, R04E m J Assessor's Tax Parcel ID#: 000660-0110, 000660-0030, 346280-0007, 346280-0005 and portions 0 of associated right-of-way as 0 RECITALS a 0 A. The City of Kent, a Washington municipal corporation("Grantor"), is the owner in fee of real �0 property located in the City of Kent, King County, Washington, commonly known as King County Tax Parcel Numbers 000660-0110, 000660-0030, 346280-0007, 346280-0005,legally c described in Exhibit A, attached hereto and by this reference incorporated herein, and associated right-of-way(collectively,the"Property"). E B. King County, a home rule charter county and political subdivision of the State of Washington W ("Grantee"), desires access to and use of a portion of the Property along the Green River for w i river protection purposes. C. Grantor has agreed to grant to Grantee this Easement(as hereafter defined) for river protection c purposes on the terms and conditions set forth herein. GRANT OF EASEMENT c as E 1. Grant of Easement. Grantor, for consideration of mutual benefits and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, grants to a Grantee, and its successors and assigns, a perpetual, nonexclusive, and assignable easement and right-of-way ("Easement") across, in, under, on, over, and upon those portions of the Property legally described in Exhibits B-1 through B-9, and visually depicted on Exhibits C-1 Page 1 of 10—City of Kent/King County-Flood Protection Levee Easement Packet Pg. 116 through C-9,all of which exhibits are attached hereto and by this reference incorporated herein (collectively,the "Easement Area"). Grantee, its agents, contractors, and permittees may access and use the Easement Area to (i) construct, maintain, repair, operate, patrol, replace, and restore riverbank protections and/or other flood-protection related works, including any vegetation or other related N appurtenances that may need to be installed, inspected, maintained, or removed; and (ii) o locate, construct, operate, maintain, alter, and replace a road and appurtenances thereto; together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, a obstructions and other vegetation, structures, or obstacles within the limits of the right-of- way. c 2. Grantee's Access Rights. Grantee shall have the right at such time as may be necessary and at v Grantee's sole discretion, to enter upon the Property and to have reasonable and unimpeded access to, in, and through the Property for the purposes of accessing the Easement Area and Y exercising Grantee's rights granted by this Easement. In exercising this right of access, however, Grantee shall use due care to avoid damaging any plantings located on the Property. 3 If Grantee causes such damage, Grantee shall restore such plantings to the condition existing prior to such access, and maintain restored plantings for a period of five years. E a� M 3. Limitations on Use of Easement Area. w a� a� A. Grantor agrees not to conduct the following activities within the Easement Area without prior approval from Grantee: (i)plant non-native vegetation; (ii)remove or otherwise alter c any improvements installed by Grantee, including any native vegetation that may be W planted and any flood protection works that may be constructed; and (iii) undertake any o activity or practice that interferes with the efficacy and design of flood protection works or a other infrastructure installed by Grantee.Grantor further agrees not to use herbicides within o the Easement Area without the prior approval of Grantee. Nothing contained herein shall ° U_ be construed as granting any license,permit,or right,otherwise required by law,to Grantor or Grantee with respect to the Property or the Easement Area. c B. For the purposes of this Easement, the term "native vegetation" means vegetation comprised of plant species, other than noxious weeds (as identified on the State of E Washington noxious weed list found at Washington Administrative Code Chapter 16-750, as amended from time to time), which are indigenous to the coastal region of the Pacific wi Northwest and which reasonably could have been expected to naturally occur at the site. m 4. Grantee's Restoration Obligations. If Grantee disturbs, damages, or destroys any portion of c the Easement Area or any of the landscaping or improvements located therein during its exercise of its rights or the performance of its obligations under this Easement, Grantee shall, at its sole cost, promptly restore the same as nearly as possible to the condition it was in immediately before the disturbance, damage, or destruction; provided, however, Grantee's E restoration obligations set forth in this Section 4 shall not apply within the physical footprint of any flood protection works or other improvements installed by Grantee. a 5. Maintenance Obligations. Neither Grantor nor Grantee is hereby obligated to perform future maintenance, repair, or other action related to the exercise of rights granted by this Easement, provided, however, Grantee shall maintain any native vegetation planted pursuant to this Easement for a period of five (5)years. Page 2 of 10—City of Kent/King County-Flood Protection Levee Easement Packet Pg. 117 8.G.a 6. No Third-Pa • Rights. This Easement and/or any flood related works constructed or to be constructed within the Easement Area shall not be construed as granting any rights to any third person or entity, or as a guarantee of any protection from flooding or flood damage. 7. No Waiver of Immunity. N •L A. No provision of this Easement shall be construed as waiving any immunity to liability granted to Grantee by any state statute, including Chapters 86.12 and 86.15 of the Revised a Code of Washington, or as otherwise granted or provided for by law. ;, c B. No provision of this Easement shall limit the ability of Grantor or Grantee to avail 0 themselves of the protections offered by any applicable law affording immunity to Grantor a) or Grantee, including, to the extent applicable, RCW 4.24.210, as amended from time to Y time. •3 8. Indemnification. c aD E A. Grantor and Grantee shall defend, indemnify, and hold the other harmless from and against any claims,suits,causes of action,judgments,damage,loss,or liability for injuries to persons w or property (excluding consequential damages such as lost profits) (collectively, "Claims"), to the extent caused by the negligent acts or omissions of the indemnifying party and its respective agents, officers, invitees, and employees. Where such Claims result from the c concurrent negligence of the parties, the indemnity provisions provided herein shall be W valid and enforceable only to the extent of each party's negligence. In the event that either o party incurs any judgment, award, and/or cost arising therefrom, including attorney fees, a expenses, and costs, such judgment, award, and/or cost shall be recoverable from the 0 responsible party to the extent of that party's negligence. Each of the parties agrees that its �0 obligations under this indemnity extend to any claim, demand, cause of action, and judgment brought by, or on behalf of, any of its employees or agents. For this purpose, c each of the parties, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. E as B. The scope of the foregoing indemnity does not apply to any acts or omissions related to, or wi arising from,the improvement,protection,regulation,and control for flood prevention and navigation purposes of any river or its tributaries and the beds, banks, and waters thereof. Y Nothing contained in this indemnity shall be construed as waiving any immunity to liability c provided to Grantee by any state statute,including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or provided for by law. r c 9. Amendments. Any modification, waiver, amendment, discharge, or change of this Easement shall be valid only if the same is in writing and signed and acknowledged by the parties, and an original thereof is recorded in the real property records of King County, Washington. a 10. Severability. In the event any term, covenant, condition, or provision contained in this Easement is held to be invalid, voided, or otherwise unenforceable,by any court of competent Page 3 of 10—City of Kent/King County-Flood Protection Levee Easement Packet Pg. 118 8.G.a jurisdiction,such holding shall in no way affect the validity or enforceability of any other term, covenant, condition,provision, or easement contained in this Easement. 11. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Washington,without giving effect to its conflicts of law rules or choice of law provisions. The Parties agree that the Superior Court in King County, Washington, shall N be the sole and exclusive venue for any action or legal proceeding for an alleged breach of any o of the terms and conditions set forth herein, or to enforce, protect, determine or establish any term, covenant or provision of this Easement or the rights hereunder of either Party; and the a Parties hereby agree to submit to the personal jurisdiction of said court. c 12. Enforcement. The failure of either party to enforce any provision of this Easement shall not 0 U be construed as a waiver or limitation of that party's right subsequently to enforce and compel a) strict compliance with every provision of this Easement. Y z 13. Successors and Assigns. The rights, conditions, and provisions of this Easement shall inure to 3 the benefit of and be binding upon the heirs, executors, administrators, and successors in a interest and assigns of Grantor and Grantee. E 0 14. Incorporation of Recitals. The Recitals to this Easement are incorporated into and shall w a� constitute a part of this Easement. m J EXECUTED by City of Kent and ACCEPTED by King County effective as of the date set forth c below. as 0 L a. DATED this day of , 2024. o 0 U- LO GRANTOR: City of Kent, a Washington municipal corporation c BY: c m Name: E Title: N M w i c GRANTEE: King County, a home rule charter county and political subdivision of the State of Yi Washington c U BY: Department of Natural Resources &Parks Name: E Title: �a a [NOTARY BLOCKS ON FOLLOWING PAGE] Page 4 of 10—City of Kent/King County-Flood Protection Levee Easement Packet Pg. 119 8.G.a STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that_he signed this instrument, on N oath stated that he is authorized to execute the instrument and acknowledged it as the o of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. a c Dated: 0 U c Y z 3 Printed name c as E Notary Public in and for the W State of Washington w as as Residing at c 0 My appointment expires a� 0 L a. 0 0 U- LO r 0 E 4) W M W Y 0 U r c a� E t v �a Q Page 5 of 10—City of Kent/King County-Flood Protection Levee Easement Packet Pg. 120 8.G.a STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that_he signed this instrument, on N oath stated that he is authorized to execute the instrument and acknowledged it as the o of the Department of Natural Resources and Parks of King County to be the free and voluntary act of such party for the uses and purposes a mentioned in the instrument. ;, c 0 U Dated: z 3 c Printed name E as 0 Notary Public in and for the w State of Washington as J Residing at = 0 My appointment expires c L- a. 13 0 O LL LO r 0 _ E 4) W M W _ Y 0 U r _ a� E t v �a Q Page 6 of 10—City of Kent/King County-Flood Protection Levee Easement Packet Pg. 121 8.G.a EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY(EXCLUDING THE RIGHT-OF-WAY) That portion of Samuel W. Russell Donation Claim Number 41 in the Northwest quarter of the Northeast quarter of Section 25, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: o z Beginning at the intersection of the West margin of a County Road (80th Avenue South) which runs a along the West side of the Northern Pacific Railroad with the South margin of another County Road ;, running East and West(South 259th Street), said point of intersection being 379.5 feet, more or less, 3 North of the South line of the Russell Donation Claim, as shown in the plat of Horseshoe Acre Tracts 0 to Kent, according to the plat thereof recorded in Volume 15 of Plats, page 10, in King County, Washington; _ Thence South along the West margin of said County Road to the South line of the Donation Claim; Thence West along said South line to the bank of White River,now called Green River; Thence North 3 21°West 336.6 feet; c Thence North along a line, which would, if extended, run through a point 1,370.16 feet South and E 1,980 feet East of the Northwest corner of the Russell Donation Claim to the South margin of the County Road(South 259th Street)being West of the beginning; w Thence East along said road margin to the beginning; m J EXCEPT that portion conveyed to King County by deed recorded under Recording Number a 0 9301111332. as 0 ALSO EXCEPT that portion deeded to the City of Kent under Recording No. 20120907001791. a 0 Situate in the County of King, State of Washington. 0 w AND 0 Lots 2 and 3, King County Short Plat No. 684072, recorded under Recording Number 8506240936, being a portion of Lots 1 and 2,Horseshoe Acre Tracts to Kent, according to the plat thereof recorded E in Volume 15 of Plats,page 10, in King County,Washington; N 0 w EXCEPT those portions of Lots 2 and 3 conveyed to King County by deeds recorded under Recording Numbers 9204292434, 9506271265 and 9506221166; Y i ALSO EXCEPT that portion deeded to the City of Kent recorded under Recording No. 20120907001791. r c Situate in the County of King, State of Washington. E AND a Lots 2,3 and the South 21 feet of Lot 1 of Short Plat No. 77-30,recorded under King County Auditor's File No.7802070643,records of King County,being a Short Plat o£ That portion of the S.W Russell Donation Claim No. 41, described as follows: Page 7 of 10—City of Kent/King County-Flood Protection Levee Easement Packet Pg. 122 8.G.a Beginning at the Southeast corner of the Waterman's Acre Tracts to the town of Kent, as per plat recorded in Volume 12 of Plats, on page 11,records of King County,Washington; Thence South 00°59'00"East parallel with and 40 feet West of the West line of the right-of-way of the Northern Pacific Railway Company, 1,015.61 feet to the true point of beginning; Thence South 88°02'30"West 311.78 feet; Thence North 01°55'37"West 412.46 feet; L Thence South 88°02'30"West 318.575 feet; Thence South 01°55'37"East 824.92 feet to the North line of a County Road,being also a boundary of a a tract conveyed to Ralph E. Leber and Laverne June Leber, his wife, under deed dated January 4, 1955, recorded under Recording No. 4543722; c Thence in an Easterly direction along the North line of said County Road to a line which is parallel 0 with and 40 feet West of said Northern Pacific Railway Company's right-of-way; Thence North 00°59'00"West 424.79 feet to the true point of beginning; 3 EXCEPT that portion lying North of the following described line: E Beginning at the point of beginning of the above described tract; Thence South 88°02'30" West to the West line of the above described tract and the terminus of said w line; as as J EXCEPT any portion thereof lying within the right-of-way of South 259th Street. c W 0 ALSO EXCEPT that portion deeded to the City of Kent for right-of-way purposes under King County c Recording No. 20120907001791. a 0 Situate in the County of King, State of Washington. 0 w LO 0 c m E d M w i c m i 0 U r _ a� E t v �a Q Page 8 of 10—City of Kent/King County-Flood Protection Levee Easement Packet Pg. 123 8.G.a CITY OF KENT Tax Parcel 346280-0007&0005 EXHIBIT B-1 FLOOD PROTECTION LEVEE EASEMENT All those portions of Lot 2 and Lot 3,King County Short Plat No.684072,recorded under Recording Number 8506240936,lying easterly and southeasterly of the following described line: Beginning at the northwest corner of said Lot 2; Thence along the west line thereof,South 08°41'57"West 13.42 feet, Meridian based on Washington State Plane N North Zone Grid Values,NAD 81/93 Datum; o Thence within said Lot 2, South 43°01'31"East 18.28 feet; 5 Thence South 62°20'00"East 20.99 feet; Q Thence South 43139'56"East 32.38 feet; r Thence South 21°05'13"East 13.82 feet; Thence South 01°29'30"West 18.75 feet; �j Thence South 23°56'45"East 44.24 feet; c Thence South 02°22'26"East 25.17 feet; Y Thence South 22°33'52"West 13.10 feet; _ Thence South 69°50'22"West 41.93 feet; 3 r Thence South 52°33'09"West 50.45 feet; m Thence South 74'11'22"West 105.66 feet to the northeasterly right-of-way margin of South 261 sc Street,being also E the southwesterly boundary of Lot 3 of said King County Short Plat No.684072 and the terminus of said line. w m Containing 27,340 sq.ft.,more or less. > a� J Situate in the Southwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, o Willamette Meridian,King County,Washington. a� /I,3 a O . LA t - �`�` �OV AS 12� y� o o E R- 24288 �v d crs w �N�L LAKn S rl c m Y I O U c m E t v O r r Q 22025 FloodProtectionLeveeEasement CityOfKent;APN 346280-0005,0007—JML Revl 1-28-23 Packet Pg. 124 8.G.a CITY OF KENT Tax Parcel 000660-0110 EXHIBIT B-2 FLOOD PROTECTION LEVEE EASEMENT All that portion of City of Kent Short Plat No.77-30,according to the short plat recorded under King County Recording Number 7802070643,lying within King County Assessor's Tax Parcel Number 000660-0110,more particularly described as follows: Commencing at a point 21.00 feet north of the northwest corner of Lot 2 of said short plat,on the east right-of-way N margin of 3rd Avenue South; L 0 Thence along said margin,Meridian based on Washington State Plane North Zone Grid Values,NAD 81/93 Datum, South 0°17'12"East 46.47 feet to the True Point of Beginning; 0 Q r Thence North 88°35'23"East 13.26 feet; 3 Thence North 59'01'28"East 90.84 feet to the intersection with a line that is 21.00 feet north of the south line of Lot 0 U 1 of said short plat as described in deed recorded under Recording Number 20130104001581; a� Thence parallel with the south line of said Lot 1,North 89'37'11"East 535.07 feet to the intersection with the west 0 Y right-of-way margin of 1st Avenue South; Thence along said west margin,South 0°40'45"West 21.00 feet to the northeast comer of Lot 3 of said short plat as 3 described in deed recorded under Recording Number 20120907001791; Thence along the north line of said Lot 3,South 89037'11"West 2.00 feet; E Thence along said west margin of 1 st Avenue South as described in deed recorded under Recording Number 20120907001791,South 00040'00"West 147.12 feet to the north right-of-way margin of South 2591 Street as w described in said deed recorded under Recording Number 20120907001791; Thence along said north right-of-way margin,North 89°40'47"West 21.83 feet; J Thence North 1713'24"East 23.18 feet; Thence North 0039'14"East 128.58 feet; o Thence South 8903 P 18"West 487.48 feet; Thence South 61°34'34"West 17.67 feet; L- Thence South 59001'28"West 97.78 feet; -0 Thence South 88035'23"West 21.77 feet to the intersection with the east right-of-way margin of 3rd Avenue South 0 at a point that bears South 09 7'12"East from the point of beginning; u_ Thence along said east margin,North 0117'12"West 30.01 feet to the point of beginning. 0 Containing 15,149 sq.ft.,more or less. c m Situate in the Northwest Quarter of the Northeast Quarter of Section 25,Town shi 22 North,Range 4 East, E Willamette Meridian,King County,Washington. �5------ cNa w i r LA t>�j ) ov o U h _ � , 24288 C N ON�L WOW 22025 F1oodProtectionWallEasement_CityOfKent;APN 000660-0 1 1 0—JML Rev5-9-23 Packet Pg. 125 8.G.a CITY OF KENT Tax Parcel 000660-0030 EXHIBIT B-3 FLOOD PROTECTION LEVEE EASEMENT All that portion of the S.W.Russell Donation Land Claim Number 41 in the Northwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East,W.M.in King County,Washington,according to the deed recorded under King County Recording Number 20110317000970; EXCEPT that portion conveyed to King County by deed recorded under Recording Number 9301111332. N ALSO EXCEPT that portion deeded to the City of Kent under Recording No.20120907001791,more particularly `0 described as follows: 3 Commencing at the intersection of the centerline of 801 Ave South and the South line of the S.W.Russell Donation Q Land Claim No.41 as described in the deed recorded under King County Recording No.9301111332; r Thence along the south line of said S.W.Russell Donation Land Claim No.41,North 89°37'52"West,Meridian o based on Washington State Plane North Zone Grid Values,NAD 83/91 Datum, a distance of 170.70 feet to the V intersection with the east line of the dike road paralleling the Green River as conveyed to King County under Rec. No.9301111332 and the True Point of Beginning; Y t Thence along the east line of said dike road,North 15°45'33"West 25.58 feet; 3 Thence departing said dike road,North 38°54'02"East 27.37 feet; E Thence North 75°43'28"East 40.89 feet; Thence North 84°51'35"East 47.93 feet; w Thence North 11'04'05"West 34.27 feet; Thence North 03°37'01"West 55.00 feet; Thence North 1°33'51"East 107.00 feet; J Thence North 04°57'01"East 61.61 feet; o Thence North 89°40'47"West 257.12 feet to the east boundary of the Dike Road as described in the deed recorded U under King County Recording No.9301111332; o L Thence along the boundary of said Dike Road North 47°16'48"West 16.17 feet; (- Thence continuing along the boundary of said Dike Road North 58°36'29"West 56.38 feet to the intersection with o the south right-of-way margin of S.2591 St as conveyed to the City of Kent under King County Recording No. LL 20120907001791; LO Thence along said south margin of S.2591 Street South 89°40'47"East 366.28 feet to the intersection with the west c margin of 80th Ave S.as conveyed to the City of Kent under King County Recording No.20120907001791; Thence along said west margin South 0°40'44"West 357.81 feet to a point on the south line of said Russell DLC No.41 which bears South 89°37'52"East from the point of beginning; E Thence along said south line,North 89°37'52"West 140.70 feet to the point of b ginn'ng. I! 2 3 W, Containing 34,753 sq.ft.,more or less. m ' LA Situate in the King County,State of Washington. o.�► tadI�,. �2� U J C d E 2428$ v `ANAL 22025_FloodProtectionLeveeEasement Exhibitl l_McCoy_CityOfKent;APN 000660-0030—JML 11-27-23 I Packet Pg. 126 8.G.a CITY OF KENT Tax Parcel 000660-0110 EXHIBIT B-4 FLOOD PROTECTION LEVEE STREET EASEMENT That portion of 111 Avenue S.adjacent to the east boundary of Lot 3 and Lot 1,City of Kent Short Plat No.77-30, according to the short plat recorded under King County Recording Number 7802070643, lying between the easterly extension of the northerly line of the South 21 feet of said Lot 1 and the easterly extension of the southerly boundary of said Lot 3,and westerly of the westerly curb line of I'Avenue S. N L 0 Containing 1,120 sq.ft.,more or less. Q Situate in the Northwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, r Willamette Meridian,King County,Washington. c U 9' 62 Y . LAtr�f 3 N R W d d RAC/3288 'CER� J C °— U a� O L a O 0 LL uO 0 r c m E m N W r I C d Y I T O U c d E t v O r r Q 22025_F1oodProtectionWall-Street Easement2l_l sT Ave S_CityOfKent;APN 000660-0110—JML 8-4-23 Packet Pg. 127 8.G.a CITY OF KENT Tax Parcel 000660-0030 EXHIBIT B-5 FLOOD PROTECTION LEVEE STREET EASEMENT That portion of S.259'Street adjacent to the south boundary of Lot 3,City of Kent Short Plat No.77-30,according to the short plat recorded under King County Recording Number 7802070643,more particularly described as follows: Beginning at the southeast corner of said Lot 3,thence westerly along the northerly right-of-way margin of S. 25911 nOi Street a distance of 59.0 feet; o Thence southerly,at right angles to the centerline of S.259`h Street a distance of 55.0 feet to the southerly right-of- � 3 way margin thereof; Q Thence easterly along the southerly right-of-way margin of S.259"Street and its easterly extension a distance of r 59.0 feet,said point being easterly along said right-of-way margin extension a distance of 8.8 feet from the northeast corner of King County Assessor's Parcel No.000660-0030; j Thence northerly a distance of 55.0 feet to the point of beginning. c Y Containing 3,245 sq.ft.,more or less. 3 r Situate in the Northwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, Willamette Meridian,King County,Washington. aEi N R W d 9 6 Z3 J WAS, t,R J� c 0 +� a` O O U- SAL !Afro r c m E m N W r I C d Y I T O U c d E t v O r r Q 22025 FloodProtectionLevee-Street Easement22—CityOfKent;Portion S259th St—JML 8-4-23 Packet Pg. 128 8.G.a CITY OF KENT ROW Adjacent to East Boundary Tax Parcel 000660-0030 EXHIBIT B-6 FLOOD PROTECTION LEVEE EASEMENT That portion of the S.W.Russell Donation Land Claim Number 41 in the Northwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range East,W.M.in King County,Washington,according to the deed recorded under King County Recording Number 20110317000970 lying within 80th Avenue S adjacent to the east N boundary of King County Assessor's Parcel No.000660-0030 more particularly described as follows: 0 BEGINNING at the intersection of the west margin of 801 Ave South and the South line of the S.W.Russell Q Donation Land Claim No.41 as described in the deed recorded under King County Recording No. r 20120907001797,being also the southeast comer of King County Assessor's Parcel No.000600-0030; Thence along the easterly extension of the south line of said S.W.Russell Donation Land Claim No.41,South U 89°37'52"East,Meridian based on Washington State Plane North Zone Grid Values,NAD 81/93 Datum,a distance of 19.5 feet to the approximate easterly toe of a flood protection levee fill slope; Y t Thence northerly along said toe of fill slope the following courses: 3 r Thence North 092' East 146.00 feet; Thence North 0698'West 42.00 feet; E a� Thence North 0°04' East 165.82 feet; cyo Thence North 30°42'10"West 5.00 feet to the intersection with the easterly extension of the northerly line of said Assessor's Parcel No.000600-0030 that bears South 89°40'47"East from the northeast comer of said Assessor's > a� Parcel; —J Thence along said easterly extension,North 89°40'47"West 8.8 feet to said northeast comer,being also the o intersection with the west margin of 80th Ave South as described in the deed recorded under King County U Recording No.20120907001797; o L Thence South 00°40'44"West along said west margin 357.81 feet to the point of beginning. a O O Containing 5,495 sq. ft.,more or less. U- Situate in the King County,State of Washington. c 6 3 �►• LA ,moo �► � ,� �I � � Y I O U �Fci24s2BUS�s � 1221221 E z U r r Q 22025_F1oodProtectionLevee-StreetEasement23_CityofKent_801 Ave S adj to APN 000660-0030—JML 8-7-23 Packet Pg. 129 8.G.a CITY OF KENT ROW Adjacent to East Boundary Tax Parcel 346280-0006 EXHIBIT B-7 FLOOD PROTECTION LEVEE EASEMENT All that portion of 8011 Avenue South abutting the east line of Lot 1,King County Short Plat No.684072,recorded under Recording Number 8506240936,described as follows: Bounded on the west by the east line of said Lot 1,on the north and south by the easterly extension of the sidelines N of said Lot 1 and bounded on the east by the easterly toe of slope of a flood protection levee constructed by Kent 0 in 2012. +' 3 Q Containing 4,844 sq.ft.,more or less. 3 O Situate in the Northwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, U Willamette Meridian,King County,Washington. c Y t 3 6 23 E wit� y O U 24288 �FGIS7t"R�S - L c Ills MUM 0 U- uO 0 r c m E m N W r I C d Y I T O U c d E t v O r r Q 22025_F1oodProtectionLeveeEasement24—ROWof 801 Ave S adjacent to APN 346280-0006_PSE—JML 8-8-23 Packet Pg. 130 8.G.a CITY OF KENT ROW Adjacent to East Boundary Tax Parcel 346280-0007 EXHIBIT B-8 FLOOD PROTECTION LEVEE EASEMENT All that portion of 80`b Avenue South abutting the east line of Lot 2,King County Short Plat No.684072,recorded under Recording Number 8506240936,described as follows: Bounded on the west by the east line of said Lot 2,on the north and south by the easterly extension of the sidelines N of said Lot 2 and bounded on the east by the easterly toe of slope of a flood protection levee constructed by Kent 0 in 2012. +' Q Containing 1,840 sq.ft.,more or less. r c O Situate in the Southwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, U Willamette Meridian,King County,Washington_ c Y LA t 6 23 3 � E J C �l 4s��0 0 288 L I—A90 5 li O 0 U- 0 r c m E m N W r I C d Y I O U c m E t v O r r Q 22025_FloodProtectionLevee-StreetDesc25_ROW area of 801 Ave S adjacent to APN 346280-0007 JML 8-8-23 Packet Pg. 131 8.G.a CITY OF KENT S 261 ST Street ROW Adjacent to APN 346280-0005 EXHIBIT B-9 FLOOD PROTECTION LEVEE EASEMENT All that portion of S 26151 Street lying southeasterly of the Green River,southerly and easterly of Lot 3,King N L County Short Plat No. 684072,recorded under Recording Number 8506240936,easterly of Lot 3 of Horseshoe Acre 0 Tracts according to the plat recorded in Volume 15,Page 10 and westerly and northerly of the following toe of flood levee fill more particularly described as follows: Q Commencing at the northeast comer of said Lot 3,King County Short Plat No. 684072; r Thence along the easterly extension of the north line of said Lot 3 a distance of 24.0 feet to the easterly toe of a o flood protection levee fill slope and the True Point Of Beginning; U a� c Thence southerly and westerly along said toe of fill slope the following courses: Y t South 7°04'04"West 73.0 feet; 3 South 32°06'56"West 61.0 feet; South 63°38'50"West 93.0 feet; South 77°48'12"West 93.2 feet; w South 68°52'49"West 81.0 feet; South 62°04'23"West 120.0 feet; South 30°06'30"West 142.0 feet to the intersection with the east boundary of Lot 3 of said Horseshoe Acre Tracts —J at a point 84.00 feet southerly of the SE corner of a trail deeded to King County under Recording Number o 9209281363. U O L Containing 40,830 sq.ft.,more or less. a O O Situate in the Southwest Quarter of the Northeast Quarter of Section 25,Township 22 North,Range 4 East, U- Willamette Meridian,King County,Washington. 0 r c m 1�• LALJp E Y I O +� 24288 Qj �O v AL LAO � m E z U r r Q 22025_F1oodProtectionLeveeEasement26_ROW area of S 261 St adjacent to APN 346280-0005_JML 8-9-23 Packet Pg. 132 8.G.a FLOOD PROTECTION LEVEE EASEMENT APN346280-0006 LINE TABLE PUGET SOUND ENERGY POINT OF LINE LENGTH BEARING BEGINNING L 1 13.42 S08'41'57"W LOT 1 L2 18.28 S43'O 1 .31"E L 1 N89'37'52W 138.65 L3 20.99 S62'20'00"E N L4 ! 32.38 S43'39'56"E ��o`O fir' o 0 L5 18.75 SO 1'29'30"W �o��`� `° 5 L6 25.17 S02'2226"E �°�,° a L7 13.10 S22'33'52"W LOT 2 L8 7 13.82 S21'05'13"ECi APN346280-0007� o 0 �Q CITY OF KENT o Q u GRAPHIC SCALE OD I o 0 60 120 G? =ga� LOT 3 r o6 ��►►•• APN346280-0005 rn CITY OF KENT 2"W ^ N '2 56g•5�1 g3 v w hob,�`O o �,22 105.66 S'� 1 (L 12090 S ti6Q. 42 oa -0No. 2° Sl I o S 35 5g"W EEp RE�G15,� � ST 9?1 RpW p�R O S w Lo o NO TES: 1.) SEE WRITTEN LEGAL DESCRIPTION FOR LEGAL AREA DEFINITION. 2.) AREA OF EASEMENT• 27,340 SO. FT. E a� 3.) MERIDIAN: WASHINGTON STATE LAMBERT GRID, NORTH ZONE-NAD 83-91. w 11`28 23 Y =� KING COUNTY SURVEY UNIT 206-477-1773(OFFICE) . LAURl� DEPT. OF LOCAL SERVICES 206-296-7719 (FAX) U' o of WAS�rI ?� ROADS DIVISION �w EXHIBIT C-1 o "155 MONROE AVE NE • RENTON ' YA ' 98058" APN 342628-0005, 0007 CITY OF KENT o SW 114 OF NE 114 SEC. 25, T22N, R4E, W.M. t ���"ssoNGrs ° D JULBY DA 03 '07TE REV 23 JML BY 11 27T23 PRJ.ELAURI MANAGERTZEN SJAL 60' Q AL LATE DRAWING FILENAME CHK. BY F.B. NO. JOB NO. SHT. NO. r 2 5-EXH.1 .D WG TSC Packet Pg. 133 8.G.a FLOOD PROTECTION LEVEE EASEMENT 3 O 33' 33' POINT OF APN 000660-0109 U COMMENCEMENT LOT 1 TRANSFORM LTD. 40' , � �'• N89'37'11"E N. LINE OF S. 21' OF LOT 1 626.45 loo (ji 91.38 — FLOOD WALL / W �P N89.31'18"E 487.48 � J a p0 a W E > Fes° EASEMENT APN 000660-0110 N 3 > Q AREA SP 77-30 KENT KENT, CITY OF w Q w OI (15,149 S.F.) REC. NO. 7802070643 ADDRESS #1000-3RD AVE S o KENT, WA 98032 � (— POINT OF (n BEGINNING LOT 2 LOT 3 0 O J Z 33 33' N89°40'47"W 621.68 o ROW DEED, REC. NO. 20120907001791 o Q +) M S 259TH ST M o L cu V- 0 ui m GRAPHIC SCALE ' 9 23 'o � 7 WAURIT Q c pF AS 2 0 100 200 5.�ti �',� _ E SCALE. 1" = 100' 0 U) NO TES 00W 1.) SEE WRITTEN DESCRIPTION FOR LEGAL AREA DEFINITION. °� ,p 24 I Y 2.) MERIDIAN: WASHINGTON STATE LAMBERT GRID, �ssr NGrsT9 s �; NORTH ZONE-NAD 83191. AL LAN EXHIBIT C-2 0 KING COUNTY SURVEY UNIT LQ EXHIBIT MAP NW 114, NE 114, SEC.25, T.22N., R.4E., W.M. DEPT. OF LOCAL SERVICES OWN. BY DATE REV. BY DATE PROJECT MANAGER SCALE E ROADS DIVISION 2gs-477-1773 o 'tcls JML 2 17 '2351,912.3JML J.LAURI TZEN 1"=100' ( J K117 COi nt DRAWING FILENAME CHK. BY F.B. NO. JOB NO. SHT. NO. +° ••155 MONROB AVE NO = REN7'ON • WA ' 58056=• g y122025EXH8.DWGI TSC N/A 22025 1 Of 1a Packet Pg. 134 8.G.a FLOOD PROTECTION LEVEE EASEMENT S89'40'47"E S 259TH ST 366.28 tis866?9'' � �8 !1i lsz Lo N89'40'47"W 257.12 N A _ 0 � Q PORTION S.W. R USSELL � DLC NO. 41 0 DEED REC. NO. 2011 OJ 170009 70 0 6" °1 GRAPHIC SCALEuj W W o APN 000660-0030 W O o � 2 CITY OF KENT 0 60 120 ° ADDRESS: ' W o E _LINE TABLE #26001-80TH AVE S z N KENT, WA 98032 w LINE LENGTH BEARING "ter, v w > L 1 25.58 N 15'45'33"W o�" L2 27.37 N3854'02"E o a L3 40.89 N75'4328"E o c,,z .) LLJ L4 16.17 N47'16'48"W z N-: a L. NOTES: `� 0 1.) SEE WRITTEN LEGAL DESCRIPTION FOR w N84'51'35"E o LEGAL AREA DEFINITION. - 47.93 L3 �r w Lo 2.) AREA OF EASEMENT: 34,753 SQ. FT. c', o _ c Of 3.) MERIDIAN, WASHINGTON STATE PLANE, C LAMBERT GRID, NORTH ZONE-NAD 83/91 0 W a U S. LINE RUSSELL DLC NO. 41 140.70 30� 0) N89'37'52"W 170.70 POINT OF APN346280-0006 wl f/ Z7 �� BEGINNING LOT i KCSP 684072 r- Y KING COUNTY SURVEY UNIT 206-477-1773 (OFFICE) M' LAURl� DEPT. OF LOCAL SERVICES 206-296-7719 (FAX) 6 of WASk fc2, ROADS DIVISION ° "155 MONROE AVE NE •R&MN • WA • 98056" EXHIBIT C-3 APN 000660-0030, CITY OF LENT ot;. 24288 0 ° NW 114 OF NE 114 SEC. 25, T22N, R4E, W.M. r .'CISTER�'. � OWN. BY DATE REV BY DAT� PROJECT MANAGER SCALE Q I0 * ...� JUL 09119122 JML 111'27123 J. LAURITZEN 1"=60' DRAWING FILENAME CHK. BY I F'.8. N0, JOB NO. SHT. NO. 22025EXH.1l.DWG TSC Packet Pg. 135 8.G.a FLOOD PROTECTION LEVEE STREET AREA APN 000660-0109 TRANSPORT LTD, 40' FLOOD WALL N LOT 1 V) El •L O t 7 Q SP 77-30 KENT LOT 3 w U Z J a1 APN 000660-0110 Y GRAPHIC SCALE KENT, CITY OF 3 �—mm—���� ADDRESS w #1000-3RD AVE S � E 0 30 60 KENT, WA 98032 i N z w i o U W J O O DESCRIPTION-STREET AREA o � a O O FLOOD WALL / LL N 0 TES: Lo 1.) SEE WRITTEN LEGAL DESCRIPTION. l 2.) AREA: 1,120 SQ. FT. r 3.) MERIDIAN: WASHINGTON STATE LAMBERT GRID, NORTH ZONE-NAD 83191 S 259TH ST w d m w y � 23 c' KING COUNTY SURVEY UNIT 206-477-1773 (OFFICE) Y, kRI� DEPT. OF LOCAL SERVICES 206-296-7719 (FAX) O �F WA S c� 0 •. mac,; ' ROADS DIVISION "155 MORROE AVE NE ' RENTON ' WA • 98058" EXHIBIT C-4 c PORTION 1 ST AVE S, CITY OF DENT E 24288 � NW 114 OF NE 114 SEC. 25, T22N, R4E, W.M. �"s GI STEg�' 4 OWN. BY DATE REV. BY DATE PROJECT MANAGER SCALE r sjch'AL LAB DRAWING 08 '03 '23 J. LAURITZEN 1"=30' Q DRAWING FILENAME CHK. BY I F.B. NO. JOB NO. SHT. NO. 22025- XH.21.0 TSC NIA 2,2025 Packet Pg. 136 8.G.a FLOOD PROTECTION LEVEE STREET AREA SP 77-30 KENT LOT 3 U) APN 000660-0110 N KENT, CITY OF o ADDRESS: #1000-3RD AVE S ~ a KENT, WA 98032 U 59.0' 0 U c o �- S 259TH ST 3 CENTERLINE in n r 0 GRAPHIC SCALE w a, 8.8' w 0 30 60 0APN 000660-0030 U KENT, CITY OF 0 a UF55RIPTION-STREET AREA PORTION OF 30' 0 S.W. RUSSELL LL DLC NO. 41 Lo N 0 TES: o 1.) SEE WRITTEN LEGAL DESCRIPTION. 2.) AREA: 3,245 SQ. FT. a 3.) MERIDIAN: WASHINGTON STATE LAMBERT N GRID, NORTH ZONE-NAD 83191 1 m KING COUNTY SURVEY UNIT 206-477-1773 (OFFICE) YI LA KING DEFT. OF LOCAL SERVICES 206-296-7719 (FAX) o WAS U ,` kf�?� ROADS DIVISION o 0s155 MONROE AVE NE • RENTON • WA • 96056" EXHIBIT C-5 c PORTIONS 259TH ST, CITY OF KENT E o 2 se NW 114 OF NE 114 SEC. 25, T22N, R4E, W.M. ��'SGISTE DWN. BY DATE REV. BY DATE PROJECT MANAGER SCALE r s°NAL LAt� JML 08104/23 JML 081151'23 J. LAURITZEN 1"=30' a DRAWING FILENAME I CHK. BY I F.B. N0, I JOB NO. SHT NO. �- xH. .DWG TSC Packet Pg. 137 8.G.a FLOOD PROTECTION LEVEE EASEMENT S 259TH ST 88 S89'40'47"E `a N PORTION S.W. RUSSELL DLC NO. 41 � I N •L o 0 Q � APN 000660-0030 a CITY OF KENT r GRAPHIC SCALE VS 0 60 120 Lu LINE TABLE °$ 0 r N et- � LINE LENGTH BEARING :* w a� L 1 42.00 N06'18'W > L2 5.00 N30'42'10"W c 0 o U a� w DESCRIPTION-STREET AREA ION/ _j °o NOTES: POINT OFAl Q N ~ Lo 1.) SEE WRITTEN LEGAL DESCRIPTION. BEGINNING b 2.) AREA OF EASEMENT. 5,495 SQ. FT. r 3.) MERIDIAN: WASHINGTON STATE LAMBERT E GRID, NORTH ZONE-NAD 83191 S89*37'5ZE N KCSP 684072 19.5 w 6 2 LOT 1 c� d KING COUNTY SURVEY UNIT 206-477-1773 (OFFICE) Y, LAURI� DEPT. OF LOCAL SERVICES 206-296-7719 (FAX) o �.•.� of as,�j ? ROADS DIVISION � EXHIBIT C-6 155 MONROE AVE NE REWON WA , 96056 ROAD 80TH AVE S.. E. OF APN-0030 E �o�'.• s2ea ° NW 114 OF NE 114 SEC. 25, T22N, R4E, W.M. R�' 4 DWN. BY DATE REV, BY DATE PROJECT MANAGER SCALE ISTE jpN•4 •LAB 5 JML 08107/23 J. LAURI TZEN 1"=60' Q DRAWING FILENAME CHK. BY F.B. N0. JOB N0. SHT. N0. 220 5-EXH. T C Packet Pg. 138 8.G.a FLOOD PROTECTION LEVEE EASEMENT PORTION S.W. RUSSELL DLC NO. 41 APN 000660-0030 CITY OF KENTcn S89°37'52"E L 0 39.5 KCSP 684072 LOT 1 Q o �C REC. NO. 8506240936 W o a- 04 0 o c GRAPHIC SCALE � /c J 0 N J 0() 3 E-4 / L 0 30 60 > aEi APN 346280-0006 w J 0 PUGET SOUND ENERGY 3 > w 0 ADDRESS; w o #26003-80TH AVE S KENT, WA 98032 0 w 2 Z a w DESCRIPTION—STREET AREA I 00 38.0 LL Lo N0 TES: s89°37'52"E 1.) SEE WRITTEN LEGAL DESCRIPTION. LOT 2 c 2.) AREA OF EASEMENT: 4,844 SQ. FT 0 3.) MERIDIAN: WASHINGTON STATE LAMBERT KCSP N GRID, NORTH ZONE-NAD 83191 684072 w i6 2 APN 346280-0007 r� c KING COUNTY SURVEY UNIT 206-477-1773 7(F4X) YI M wA kRj� DEPT. OF LOCAL SERVICES 208-298-7719 O " pF AS 2 ROADS DIVISION EXHIBIT C-7 ••155 MONROB AIT NB • RBNTON • FA • 98056•' l .� ROW 80TH AVE S. E. OF APN-0006 E z2ea NW 114 OF NE 114 SEC. 25, T22N, R4E, W.M. , . GI STE4rN' DWN. BY DATE REV. 8Y DATE PROJECT MANAGER SCALE Q TONAL LAt� 5 JUL 081'071'23 J. LAURITZEN 1"=30' DRAWING FILENAME CHK. BY I U. NO. JOB NO. W. NO. "2025—EXH.24.DWG TSC Packet Pg. 139 8.G.a FLOOD PROTECTION LEVEE EASEMENT APN 346280-0006 PUGET SOUND ENERGY LOT 1 S89'37'52"E 18 a� N •L LOT 2 W a KCSP 684072 REC. NO. 8506240936 n 0 am c GRAPHIC SCALE APN 346280-0007 CITY OF KENT �W 3 _ c 0 30 60 w w E o w w O p J W d �� LL- o a W W J O0 Z O � � v W +; S89'37'52"F , 14 z Li U oc) O VL�;(Xii'llUN-STREET AREA LOT 3 O u- APN 346280-0005 CITY OF KENT Lo 0 N 0 TES: �- 1.) SEE WRITTEN LEGAL DESCRIPTION. c 2.) AREA OF EASEMENT. 1,840 SQ. FT. E 3.) MERIDIAN: WASHINGTON STATE LAMBERT n GRID, NORTI ZONE-NAD 83191 wi r c a� LAU KING COUNTY SURVEY UNIT 206-477-1773 (OFFICE) �....... RjT DEPT. OF LOCAL SERVICES 206-296-7719 (FAX) 0 '�F WAS 2 �"4-�; ' ROADS DIVISION EWIBIT C—S •'155 MONROE AVE NE • RENTON • CIA + 98056" }' a ROW 80TH AVE S. E. OF APN-0007 E �O 24288 ° SIP 114 OF NE 114 SEC. 25, T22N, R4E, W.M. STE�� ' a OWN. BY DATE REV. BY DATE PROJECT MANAGER SCALE Q SIONAL LAB JML 08/08/23 J. LAURI TZEN 1"-30 DRAWING FILENAME I CHK. BY F.B. NO. JOB NO. SHT. NO. 2025-EXH.25.DWG TSCOf Packet Pg. 140 8.G.a FLOOD PROTECTION LEVEE EASEMENT APN346280-0007 CITY OF KENT LOT 2 POINT OF pow BEGINNING DESCRIPTION-STREET AREA S89'37'52"E 24 to KCSP 684072 W N REC. NO. 8506240936 > L LOT 3 APN346280-0005 Q s<'Sty CITY OF KENT 1yOD �ry 01> t i 5fl �g a� g3.2 S77'48'12 W S6 G�� 1 Q CIO 49„W a1° 6 Ns Y6� o s6a 52 S v S �F �2� E ! 10 ao b 562 w APN346280-0100 m 0 LIFT II 261ST-7915 LLC > APN3462800001 J KING COUNTY PARKS o 0 LOT 3 0 ,�°�� o o Z NO TES: o 1.) SEE WRITTEN LEGAL DESCRIPTION. (L HORSESHOE 2.) AREA OF EASEMENT: 40,830 SQ. FT. o ACRE 3.) MERIDIAN: WASHINGTON STATE LAMBERT u- TRACTS GRID, NORTH ZONE—NAD 83191 Lo V.15, P.10 PLATS APN346280-0016 LINE TABLE KING COUNTY ^ - GRAPHIC SCALE WLRD RFMS LINE LENGTH BEARING E L 1 73.00 S07'04'04"W n G Zx L2 61.00 S32'06'56"W 0 100 200 wi KING COUNTY SURVEY UNIT 206-477-1773 (OFFICE) Y LAZTRI� DEPT. OF LOCAL SERVICES 206-296-7719 (FAX) o 'og WPAS� 2 ° w Icr. ROADS DIVISION EIBIT G 9 ••155 MONROE AVE NE • RENTON • WA • 9805680 . ROW S261 ST ST, S. OF APN-0005 24288 �� SW 114 OF NE 114 SEC. 25, T22N, R4E, W.M. DWN. BY DATE REV. BY DATE PROJECT MANAGER SCALE SI I. LAt� JML 08/091'23 J. LAURI TZEN 1"=100' Q DRAWING FILENAME CHK. BY I F.B. NO. JOB NO. SHT. NO. lop 2025-EXH.26.DWC TSC Packet Pg. 141 8.H KENT DATE: June 18, 2024 TO: Kent City Council SUBJECT: Easements with the City of Covington for Construction and Maintenance of Culvert Near Jenkins Creek - Authorize MOTION: I move to authorize the Mayor to sign the Permanent Easement Agreement and the Temporary Construction Easement Agreement with the City of Covington for culvert construction and maintenance, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: The City of Covington ('Covington") is reconstructing a portion of SR 516 (SE 272nd Street) between Jenkins Creek and 185th Pl. SE. This project includes a new Jenkins Creek crossing and widening the street from two lanes to five lanes with 8-foot sidewalks, and landscaping. Covington needs to acquire from the City a 1,572 square ft. permanent easement and a temporary construction easement of 3,276 square ft. located on King County Tax Parcel No. 362205-9184. The Temporary Construction Easement will remain in effect for a one-year duration with an option allowing Covington to purchase a one- year extension if necessary. These easements are needed to construct and maintain a culvert. Covington made an offer under threat of condemnation to compensate the City in the amount of $500 (the minimum offer), broken down as follows: $393.00 for 1,572 square feet of land for a permanent easement $82.00 for 3,276 square feet of land for a temporary construction easement This offer was based on fair market value determined by an administrative offer summary conducted by an appraiser on behalf of Covington. Staff has reviewed the appraisal, evaluated Covington's project needs, and recommends that Council authorize the Mayor to sign documents needed to complete these transactions. BUDGET IMPACT: Reimbursement for the easements will be paid into the Water Fund. SUPPORTS STRATEGIC PLAN GOAL: Packet Pg. 142 8.H Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. Kent_9184_Permanent Easement_DRAFT (DOCX) 2. Kent_9184_TCE_DRAFT (DOCX) 06/04/24 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 6/18/2024 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud Packet Pg. 143 8.H.a 4- After recording return document to: c M City of Covington 16720 SE 27V Street, Suite 100 S Covington,WA 98042 c M c 0 L Document Title: Easement Reference Number of Related Document: N/A ° c� Grantor(s): City of Kent `o Grantee(s): City of Covington c Legal Description: Portion of the NE NE Section 36-22N-5E Additional Legal Description is on Pages 5-7 of Document. E Assessor's Tax Parcel Number: 362205-9184-06 0 t� a� z EASEMENT 3 N SR 516 (SE 272"d ST) Improvements Between Jenkins Creek and 18511 PL SE E as The Grantor(s), City of Kent, a Washington municipal corporation , for and in M consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, w convey(s)and grant(s)unto the City of Covington,a Washington municipal corporation and its assigns, Grantee,under the imminent threat of the Grantee's exercise of its rights of Eminent Domain, an easement over, under, upon and across the hereinafter described lands for the purpose of constructing and maintaining a fish-passable culvert ("Easement Purpose"). 0 Said lands being situated in King County, State of Washington, and described as follows: E a� ° For legal description and additional conditions W See Exhibits A, B & C attached hereto and made a part hereof c M E L d a i i c a� Y c FA No.STP-HLP-0516(022) LPA-324 Page 1 of(7)Pages Parcel No.362205-9184-06 z 10/2014 v to a Packet Pg. 144 8.H.a 4- EASEMENT c M c as c Grantee shall have the right, without prior notice, institution of suit, or proceeding at 2 law, at times as may be necessary, to enter upon the Easement Area, and any immediately c adjacent areas,with the necessary equipment for the Easement Purposes,without incurring any c legal obligation or liability. Grantee shall not conduct maintenance on or fuel construction equipment within the Easement Area. Grantee shall have spill kits onsite to respond i immediately to any fluid leaks in the Easement Area. c 0 c.� Grantee shall leave any improvements already existing within the Easement Area and `o the immediately adjacent areas undisturbed,unless the prior written approval of the Grantor is c obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee a, shall restore these areas to the same condition as they were immediately prior to Grantee's entrance into these areas. In addition, Grantee shall use commercially reasonable efforts to v avoid interfering with Grantor's normal course of business within and surrounding the o Easement Area, and will ensure that Grantor has vehicular access at all times to the Armstrong Springs water source. Z Grantee shall at all times exercise its rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority 3 having jurisdiction. Grantee shall defend, indemnify and hold harmless Grantor from and a against claims, damages, liability and fees and costs (including attorneys' fees and costs) E incurred by or claimed against Grantor as a result of Grantee's negligence in the exercise of the M rights herein granted to Grantee; provided, however, nothing herein shall require Grantee to w indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor c or the negligence of others unless such others are agents of or otherwise under the control of Grantee. This indemnification shall survive the termination of this Easement. Grantor shall retain the right to use the Easement Area, including the immediately 9I adjacent areas, so long as Grantor's use does not interfere with the Easement Purposes. E as 0 w c d c M E L d IL i i c a� Y c a) LPA-324 Page 2 of(7)Pages Parcel No.362205-9184-06 z 10/2014 v to a Packet Pg. 145 8.H.a 4- EASEMENT c M c as c M 2 13 It is understood and agreed that delivery of this easement is hereby tendered and that r- the terms and obligations hereof shall not become binding upon the City of Covington unless c and until accepted and approved hereon in writing for the City of Covington,by its authorized 3 agent. N C O t� L Dated: , c 0 City of Kent, c a Washington municipal corporation c 0 t� Dana Ralph, Mayor Authorized Agent 3 c Accepted and Approved E as M w City of Covington, a Washington municipal corporation w By: Don Vondran, Public Works Director Authorized Agent as M w Date: d c M E L d IL i i c a� Y c d LPA-324 Page 3 of(7)Pages Parcel No.362205-9184-06 z 10/2014 v to a Packet Pg. 146 8.H.a 4- EASEMENT c M c as c M 2 c Acknowledgment 0 L STATE OF WASHINGTON ) ss o County of King ) `o c On this day of , 20 before me personally appeared Dana Ralph, to me known to be the Mayor for the City of Kent, and that she executed the within and foregoing instrument and acknowledged the said instrument to be the v free and voluntary act and deed of said City of Kent, for the uses and purposes therein c set forth, and on oath states that she is authorized to execute said instrument. t� GIVEN under my hand and official seal the day and year last above written. s (SEAL) 3 c Notary Public in and for the State of E Washington, residing at y M w My commission expires 0 H w I C d E M W r� C N C M E L d IL I 0 0 I c a� Y c d LPA-324 Page 4 of(7)Pages Parcel No.362205-9184-06 z 10/2014 v to a Packet Pg. 147 8.H.a 4- EASEMENT c m c as c EXHIBIT A m GRANTOR m PARCEL NO. 36 205-9184 0 L N THE NOMmf 11IALE;OF'l-I IL �Oli�l-1 IL:A 7'QUAICim.LR OI 1-11L:NOICI-f ILAS'1'QUAR'[1:R OE''l'E IL o NORTHEAST QUARTER OF SECTION 36, TOWNS HIP 22 NORTH,RANCE 5 FAST,W.M.,]N C) KING COUNTY.WASHENGTON: `o c EXCEPT THAT PORTION CONVEYED TO KYNG COUNTY FOR ROADWAY PURPOSES BY o INSTRUMENT RECORDED UNDER RECORD]NG NUMBER 1400465; c 0 EXCEPT THAT PORTION AWARDED TO THE STATE OF WASHiNGTON STIPULATED GIRDER t� FOR IMMEDIATE USE AND POSSESS JON ENTERED NrfAY 21. I"I INKING COUNTY o SUPERJOR COURT CAUSE NO.90-2-242b7-6= AND V EXCEPT THAT PDXI'10N CONVEYED TO THE CITY 01-m C:01 ING TON BY W ARRAATY DEED t RECvORDED LfNDLR RLaCORDINC NUMI31-R 202OU427ON631. s 3 c m E m m w co 0 H w I C d E m W r� C N C m E L d IL I 0 0 I c a� Y c d LPA-324 Page 5 of(7)Pages Parcel No.362205-9184-06 z 10/2014 v to a Packet Pg. 148 8.H.a 4- EASEMENT c m c as c EXHIBIT B DESCRIPTION OF EASEMENT m c 0 THAT PORTION OF THE NORTH HALF OF THE NURTHL,AST (QUARTER OF THE NORTHEAST � QUARTER OF THE.NORTHEAST QIJARTER OF SECTION 36,TOWNSHIP 22 NORTH, RAN(3E 5 EAST,W.M..ICIKING COUNT',WAS]IINGTON; o v L EXC F,YT THAT PORTION C ONVF.YFD TO KING COUNTY FOR ROADWAY PURPOSF,S BY ,o 1NSTRUMLNT RI-,CORDED 1-f N D1:R RECORDING NUM131!R 140055; c O EXC IE T THAT PORTION AWARDED TO THF STATE OF WASHINGTON STTPULATFI}ORDER � FOR 1 MEDINImE USE AND POSSES SION 1:NmrERED MAY 21, 1991 IN KING Co uN-rY c SUPERIOR COURT CAUSE CIO. 90-2-24267-6, AND V O EXCEPT TI[AT PORTION CONVEYED TO TIIE3 CITY OF COVINGTON BY WARRANTY DEED >, RL•CORDL•'D UNDER RECORDING NUMBER 20200427CM631. V as DESCRIBED AS FOLLOWS: z s COMMENCING AT THE NORTHEAST CORNER OF THF. AROVE-DESC RI RED PARCEL: 3 N THENCE S.Q0-03'58"E,ALGNG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 88.03 FEET � O TO THE POINT OF I3FGrNNING; E O THENCE CONTINUING S 001103'58"E, ALONG SAID EAST LINE, A DISTANCE OF 21.97 FEET; W 'I"I ILNCE S 99'156'0T'W.A DISTANCE OIL 99.05 FEET,. � 0 THENCE.N 68010'29"E,A DISTANCE OF59.27 FFF,T; H W THENCE N 89°5b'02"E, A DISTANCE OF 44.00 FEET TO THE POINT OF BEGrN-NINC'3r_ CONTAINING 1,572 SOUAF E FEET.MORE OR LESS. +,I c m E m O Lu MAY 13,2024 d c O m VA E Grantor's Initials d IL �I 0 TI LIs# � c a� Y c d LPA-324 Page 6 of(7)Pages Parcel No.362205-9184-06 z 10/2014 v to a Packet Pg. 149 8.H.a w- EASEMENT aa) u c ns c as r c EXHIBIT "C" SEC.36,T.22 N.,R.5 E..W.M. -a C S,R. 516 (SE 272ND ST.) c O - - L CITY OF KCNT MINT Or U) PARCEL NO. COMMENCEMENT C 362205-9184 U S00°a 58'E PARCEL NO. G 88.ff 312206-9021 C O r N89°56'02"E POINT OF C 44.00' FxEGI NMtNG > N68.1a29t O 59.27' U O S00°0a,WE >+ 211-97' U S691 56'02*W I N I � I +. EASEMENT AREA= I 3 1.572 SQUARE FEET-0- � I d I E I N I tv I LU I MAY 13,2024 c I � I LL I � • WM5 ORT f E N R LLI C d 5O 700 N C SCALE!N FE£T ca E L w S.R.516 JENKINS CREEK 1 ALLIANCE II CITY OF COVINGTON ; GEEIMATI0500 PARCEL NO. 362205-9184 -AN ATLAS COMPANY I a+ 1261Ai2DTtiA4EIN( Ph:142 5)5%2200 [Wlevue.Washineton JM5 Far,14Z51 5W-U%7 a) E1RAWN BY: E. VAN 13USKIRK DATE'. 05-1 -2024 �1 r� C a) LPA-324 Page 7 of(7)Pages Parcel No.362205-9184-06 t 10/2014 v tv r r Q Packet Pg. 150 8.H.b c c m L d Z After recording return document to: as City of Covington v 16720 SE 271 st Street, Suite 100 c Covington, WA 98042 c c a� Document Title: Temporary Construction Easement Reference Number of Related Document: N/A Grantor(s): City of Kent Grantee(s): City of Covington c Legal Description: Portion of the NE NE Section 36-22N-5E Additional Legal Description is on Pages 5-7 of Document. Assessor's Tax Parcel Number: 362205-9184-06 c U L O TEMPORARY CONSTRUCTION EASEMENT c c SR 516 (SE 272°d ST) Improvements Between Jenkins Creek and 185th PL SE v O The Grantor(s), City of Kent, a Washington municipal corporation, for and in consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the City of Covington, a Washington municipal corporation, and its assigns, Grantee,under the imminent threat of the Grantee's exercise of its right of Eminent 3 Domain,the right,privilege and easement over,upon,and across the hereinafter described lands for the purpose of providing a work area for the project's construction of a fish-passable culvert E ("Easement Purpose"). N w Said lands being situated in King County, State of Washington, and described in Exhibits A, B & C, attached hereto, and made a part hereof. w The term of this Temporary Construction Easement shall commence on the date of acceptance of this Temporary Construction Easement by Grantee and shall terminate on May c i 31, 2025, hereinafter the "Term". v i It is further agreed that this Temporary Construction Easement may be extended by up � to twelve (12) months at the Grantee's option. The rate associated with this extension shall be �� at the same rate as the original Temporary Construction Easement, or at the newly established Y FA No.STP-HLP-0516(022) LPA-325 Page 1 of(7)Pages Parcel Number:362205-9184-06 Rev. 1/2023 z c� to a Packet Pg. 151 8.H.b c TEMPORARY CONSTRUCTION EASEMENT c m L d Z rate determined by an updated Administrative Offer Summary; whichever is higher. Grantee shall notify Grantor in writing, and render payment,prior to exercising this option. —' c.� Grantee shall provide Grantor written notice no less than thirty (30) days in advance of Grantee's intent to exercise its rights under this Temporary Construction Easement. c as Grantee shall have the right, without prior notice, institution of suit, or proceeding at c law, at times as may be necessary, to enter upon the Easement Area, and any immediately adjacent areas,with the necessary equipment for the Easement Purposes,without incurring any legal obligation or liability. Grantee shall not conduct maintenance on or fuel construction c° c equipment within the Easement Area. Grantee shall have spill kits onsite to respond c r immediately to any fluid leaks in the Easement Area. L Grantee shall leave any improvements already existing within the Easement Area and v the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is `o obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee c shall restore these areas to the same condition as they were immediately prior to Grantee's entrance into these areas. In addition, Grantee shall use commercially reasonable efforts to E avoid interfering with Grantor's normal course of business within and surrounding the v Easement Area, and will ensure that Grantor has vehicular access at all times to the Armstrong c Springs water source. v Grantee shall at all times exercise its rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee shall defend, indemnify and hold harmless Grantor from and 3 against claims, damages, liability and fees and costs (including attorneys' fees and costs) c incurred by or claimed against Grantor as a result of Grantee's negligence in the exercise of the E rights herein granted to Grantee; provided, however, nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor w or the negligence of others unless such others are agents of or otherwise under the control of Grantee. This indemnification shall survive the termination of this Easement. Q LL Grantor shall retain the right to use the Easement Area, including the immediately adjacent areas, so long as Grantor's use does not interfere with the Easement Purposes. w i The rights granted by Grantor to Grantee under this Easement are for the limited purpose 0i of temporarily allowing Grantee entry on the Property for the Easement Purposes. Nothing 00 herein shall be construed as a conveyance of a real property interest from Grantor to Grantee. CD T c as Y c LPA-325 Page 2 of(7)Pages Rev. 1/2023 z c� to a Packet Pg. 152 8.H.b c TEMPORARY CONSTRUCTION EASEMENT c m L d Z It is understood and agreed that delivery of this temporary construction easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the > City of Covington unless and until accepted and approved hereon in writing for the City of c� Covington, by its authorized agent. ° as c c a� c Dated: , 20 c c City of Kent, c r a Washington municipal corporation L ° U L Dana Ralph, Mayor Authorized Agent ° c Accepted and Approved v ° City of Covington, a Washington municipal corporation v d z z .3 N By: Don Vondran, Public Works Director E Authorized Agent w T Date: 520 w �a c i w 0 i 00 oD i c a� Y c LPA-325 Page 3 of(7)Pages Rev. 1/2023 z c� to a Packet Pg. 153 8.H.b c TEMPORARY CONSTRUCTION EASEMENT c m L d Z d Acknowledgment v ° a� STATE OF WASHINGTON ) ss a County of King ) On this day of , 20 before me personally appeared Dana Ralph, to me known to be the Mayor for the City of Kent, and that she executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of Kent, for the uses and purposes therein L set forth, and on oath states that she is authorized to execute said instrument. y c ° U GIVEN under my hand and official seal the day and year last above written. &- (SEAL) ° c Notary Public in and for the State of v Washington, residing at c My commission expires t� d z z .3 N C d E N N W T Q v UM ♦W V 00 r CD d Y c LPA-325 Page 4 of(7)Pages Rev. 1/2023 z c� to a Packet Pg. 154 8.H.b c TEMPORARY CONSTRUCTION EASEMENT c m L d EXHIBIT AZ GRANTOR PARCEL NO. 3 62205-9 1 84 c as c THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36,TUWNSHIP 22 NORTH, RANGE.5 EAST,W.M., IN � KING COUNTY, Vk+ASHINGTON; � FXCFPT THAT PORTION]CON VEYFD TO KING 0DUN7Y FOR ROADWAY PURPOSES BY � INSTRIJMF.NT RF.0 ORDFD UNDER RECORDING,NU ER 1400465; c 0 r EXCEPT TI]AT PDRTION AWARDED TO Tl IE STATE OF WASIIINGTON STIPULATED ORDER � FOR F FDTATE USE AND POSSF,SSTON F,NTFRFD TvTiAY 21, 1991 IN KrNG COUNTY w SUPERIOR COURT CAUSE NO. 40-2-24267-6;AND o U EXCEPT THAT PORTION CONVEYED TO THE CITY OF COVINGTON BY WARRANTY DEEI> Lo REC:OKDED UNDER RECORDING NUI+ BER 2020042 700063 1. c 0 a� c 0 L) 0 U a) z z .3 N C d E N N W T v LL ♦W V 00 r CD a d Y c LPA-325 Page 5 of(7)Pages Rev. 1/2023 z c� to a Packet Pg. 155 8.H.b c TEMPORARY CONSTRUCTION EASEMENT EXHIBIT S Z DESCRIPTION OF EASEMENT � 3 V THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST 0 QUARTER OF THE NORTHEAST UARTFR OF SEC'TTQN 36,TOWNSHIP 22 NORTH, RANGE 5 v EAST,W.M., IN KING COUNTY,WAS11INGTOM, � c m EXCEPT THAT PORTION CONVFVFD TO KING COUNTY FOR ROADWAY PURPOSES BY � INSTRUMENT RECORDED UNDER RECORDING NUMBER 1400465, � EXCEPT THAT PORTION AWARDED TO THF.STATE OF WASHTNGTON STIPUT_ATED ORDER � FOR IMMEDIME USE AND POSSESSION ENTEPLED MAY 21, 1991 1N KING COUNTY o 5UPERTOR COL1RT CAUSE NO. 90-2r24267-6;AND r L EXCEPT THAT PORTION CONVEYED TO THE CITY OF COVINGTON BY WARRANTY DEED w RECORDL.D UNDER RECORDING NUMBER 2020042 700063 1 0 U DESCRIBED AS YOLLOWS; ,o c CON4MF.NCING AT THF.NORTH FAST CORN ER OF THF. ABOVE-DFSCR13F.D PARCEL; � a� c THENCE S 00DOY58"E,ALONG THE EAST LINE OF SAID PARCEL,A DISTANCE OF 110.00 0 FEET TO THF.POINT OF BEGINNI1kTQ v 0 TI IENCE CONTINUING S 00°03'58"E,ALONG SAID EAST LINE, A DISTANCE OF 1 17.00 FEET; V THENCE S 9956'02"W, A DISTANCE OF 28.W FEET; z THENCE N 00a03'9-W, A DISTANCE.OF 117,70 FEET; 3 N THENCE N 89°56'02"E,A DISTANCE OF 28_00 FEET TO THE POWT OF BEGINN1NG- E CONTAINING 3+216 SQUARE.FEET,MORE OR LESS, W T Q MAY 13, 2024 um OVA ^V Grantor's Initials , W +6325 00 T- 1s ° o) c d Y c LPA-325 Page 6 of(7)Pages Rev. 1/2023 E z c� to a Packet Pg. 156 8.H.b N C TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "C" SEC.36.T.22 N..R.5 E.,WIVI Z S.R. 516 (SE 272ND ST.) > y U O CITY OF KENT POINTOF v PARCEL NO. COMMENCEMENT O 362205.9194 C PARCFL NO. +O+ 312206-9021 O SO4`0T 56"E__-- lC 110.00, C C N B9'56'02'E O 28.04 POIFIT OF BEGLNNINfia 7 L (n O U o EASEMENT AREAL 3,276 SQUARE FEET+1- O Cl hOd'03'58"4V 304°03'58"E 117.00' 7.d0' 0O U O r U am t S69°56'42'+++r I �_ 28.00, MAY 15.2024 3 I _ E r � r N N dRT LU �axs c0 L AF74 67 .50 /00 SCAZ C!IW�'Tzr-T U- Q S.R-516JENKINSCREEK 1 ALLLANC:E �I CITY OF COVINCTON OEOMATICB LU PARCEL NO 362205-91134 —AV ATLAS OOMPANY L) I 1263A 220TH AVE NE Ph-[4]5�596 2700 � Berlevue,Wach-ngton9800S Far:(425)502.W 00 I RAWN BY: E. V,�N BUSKIRK DATE: C5-'3-20'--A I C 0) Y c LPA-325 Page 7 of(7)Pages Rev. 1/2023 t v r r Q Packet Pg. 157 8.1 KENT DATE: June 18, 2024 TO: Kent City Council SUBJECT: Contract for Canyon Ridge Lighting - Authorize MOTION: I move to authorize the Parks Department to contract for athletic field lighting through the a Cooperative Purchasing Agreement with Musco Sports Lighting, LLC, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: King County Director's Association (KCDA) is a public agency owned by Washington's public-school districts. KCDA's mission is to provide centralized procurement services to member school district and public agencies that will save them time and money as well as comply with all legal procurement requirements. KCDA enters into cooperative purchasing agreements with vendors that allow their member schools and public agencies to purchase directly through those cooperative agreements. On May 21, 2024, City Council authorized an interlocal agreement with the Kent School District (KSD) for sports field lighting at Canyon Ridge Middle School. This agreement is part of an ongoing effort to improve coordination between the City and KSD to create joint-development opportunities for shared-use of athletic fields. The recent construction of the field at Canyon Ridge Middle School is the first project-specific agreement to be executed. This contract with Musco Sports Lighting, LLC, is implementing the partnership outlined in that agreement. The KCDA agreement with Musco Sports Lighting, LLC, allows the Parks Department to utilize Musco's contract with KCDA to purchase field lighting equipment and installation services directly from Musco. This agreement was extended last year and currently runs through February 28th, 2025. This purchase will provide for the installation of sports field lighting at Canyon Ridge Middle School to allow for park programming and public use of the field during evening hours. Infrastructure includes four 80-foot light poles that are consistent with Kent Parks' standards for sports field lighting. The installation is scheduled to occur by end of this summer, and the purchase and installation cost is not expected to exceed $504,464.74. To maintain the project's schedule, this contract is being presented to the Packet Pg. 158 8.1 Committee of the Whole the same night it proceeds to the City Council meeting under Council's Consent Calendar. BUDGET IMPACT: Expense impact to the Park Capital Budget. SUPPORTS STRATEGIC PLAN GOAL: Thrivin4 City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Musco Sports Lighting, LLC Quote (PDF) 2. KCDA Master Agreement, Musco(PDF) 3. KCDA Musco Award Letter (PDF) 4. KCDA Musco Extension (PDF) Packet Pg. 159 8.I.a Date:February 9",2024 Project:Canyon Ridge Middle School To: Terry Jungman Kent,WA Ref:226592 King County Directors Association Master Project: 195250,Contract Number: 23-406, Expiration:02/28/2025 Commodity:Sport Court/Field Lighting m N Quotation Price—Materials Delivered to Job Site and Installation 0 KCDA Contract Price—Football (30fc @ 80' setback)................................................................. $280,708.00 Q a� Adder—Electrical Installation.......................................................................................................$157,400.00 � r Adder—Electrical design services 15,500.00 _c, g $ J Performance and Payment Bond .....................................................................................................$4,164.00 Total Price(Equipment and Installation):.............................................................................$457,772.00 c 0 Pricing furnished is effective for 30 days unless otherwise noted and is considered confidential. U L Light-Structure System'with Total Light Control—TLC for LED'technology 0 r Guaranteed Lighting Performance • Guaranteed light levels—30 footcandles,2.0:1 Uniformities o • Targeted light,optimizing visibility with no glare in the participants typical line-of-sight U Q System Description—All materials and labor required for installation of approved design is included in the scope of work Y • (4) Pre-cast concrete bases with integrated lightning grounding • (4)80ft Galvanized steel poles M • Factory wired and tested remote electrical component enclosures • Pole length,factory assembled wire harnesses m • 4) Factory wired pole top assemblies o • (36) Factory aimed and assembled TLC-LED luminaries C'J • Control-Link®Control and Monitoring system with onsite dimming(high/med/low/blackout). L) • Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your J maintenance costs for 25 years • Includes a detailed foundation design,signed,and sealed by a licensed structural engineer, registered in the State of Washington.Structural code and wind speed =2018 IBC, 100 MPH, Exp C. 2 J to Installation Breakdown 0 • Unload Musco equipment c� • Auger and set Musco pre-cast concrete foundations 0 rn • Assemble and stand Musco equipment 0 • Installation of the Musco control and monitoring system • Cutting/patching asphalt/hardscape c am • Trenching(as required),conduit, and wire E • Electrical connections at each pole location/service cabinet 0 • Site clean up 0 a CX= MUSCO. Packet Pg. 160 2016,2022 Musco Sports Lighting,LLC -1- - -en -10 8-La Scope of Work: The work shall be completed by a licensed Electrical Contractor, Licensed in the State of Washington, under contract to Musco Sports Lighting. Musco Lighting System will be unloaded upon arrival to the job site,the foundations will be augured,set, and backfilled with concrete per the detailed foundation design.The Poles will be staged and assembled,the LED luminaires will be mounted, poles erected and luminaire aiming. Wiring for the Lighting System is from the lights/luminaire assemblies down N L to the remote electrical enclosure at the base of each pole where it will be terminated on the Musco supplied disconnect 0 breaker. All packing material,containers and shipping debris will be removed from the site. Q The new 277/480/3—200 amp distribution cabinet will be installed in the storage room near the NE corner of the field. a� Hardscape/landscape will be removed (as needed)from the distribution cabinet location to the in-ground box near the r building. In-ground boxes will be installed next to each pole and conduit will be installed from the building to each in- T ground box and from each in-ground box to each of the Musco poles. Hardscape/landscape with be backfilled,compacted, J and patched to match existing.Conductors will be pulled through the new conduits from each pole to each ground box and from each in ground box to the distribution cabinet,all splicing,and terminations will be completed. c Conduit and conductors will be installed from the new distribution cabinet to the service panel inside the electrical room in the NE corner of the building. Note that the conduit and conductors will be routed outside the electrical room along the U roof to the new distribution cabinet location per the Tres West electrical design. 0 r The Musco lighting/control system will be energized,tested,and commissioned.Site will be cleaned of all debris, packing U and construction materials.We will take all precautions necessary to minimize impacts to the site. 0 U All required permits will be by others. Q U Notes Y Quote is based on: 0 • Payment and performance bond included at$9.18/1000 • Pricing reflects current KCDA pricing. m .r • Shipment of the entire project to one location. • Structural code and wind speed=2018 IBC, 100mph, Exposure C, Importance Factor 1.0. U • Reasonable access to pole locations. J J • Light Levels and uniformities are guaranteed by MUSCO,any additional aiming required to meet the specified requirements shall be done by MUSCO. • Confirmation of pole locations prior to production. P J Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. 0 a Tim Butz Alli Costello c0� Musco Sports Lighting, LLC Musco Sports Lighting, LLC Phone: 503/720-6625 Phone:563-676-2388 E-mail:tim.butz@musco.com E-mail:alli.costello@musco.com E t 0 a OC= MUSCO. Packet Pg. 161 2016,2022 Musco Sports Lighting,LLC -2- - -en -10 8.I.b m N O t r� 7 Q KCDA Purchasing Cooperative LM J N Invitation for Bid -� Sport Court/Field Lighting M U Bid #23-406 M L r— O U Q U Y r M O O v to 3 C E d d L a L C� C Q U Submitted by 1 c Musco Sports Lighting, LLC E 100 1 sc Ave West PO Box 808 Q Oskaloosa, Iowa 52577 a Phone: 800-825-6030 MU Fax: 641-672-1996 �W' We Make It Happen. This information is provided by Musco exclusively for this project.Reproduction or distribution of the enclosed documents or information without the written permission of Musco Sports Lighting,LLC Packet Pg. 162 8.I.b Table of Contents 1. Company Profile/Information 2. Response Forms N L O 3. Pricing Pages Q 4. Product Line Brochures and Literature c 5. Marketing Plan J 6. Authorized Dealers/Vendor Partners 7. Addendums o c U L 0 V L O U Q U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v r Q MUSCU Packet Pg. 163 8.I.b a� N �L O Q J N C O C R U L 0 V 1. Company Profile/Information r c O U Q 0 U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v 0000 Q MUSCo., Packet Pg. 164 8.I.b Since 1976, Musco Sports Lighting has been providing sports lighting systems. Musco's mission has been to provide sports field and large area lighting solutions for public and private entities throughout the United States of America and internationally. Musco has been the industry leader in developing an industry leading lighting system that provides high N quality on field performance and environmental sensitivity to the surrounding area. Energy efficiency, 0 spill and glare control, and field management solutions have been our staple for success in the industry. Q Throughout the history of Musco, we have had the pleasure of being the recipient of an Academy Award', Emmy°Award and the Paul Waterbury Award for Excellence for Outdoor Lighting. Musco has also developed partnerships with Little League International and the United States Soccer Foundation,to aM J name a couple. aD a� Musco has offices and manufacturing facilities in Oskaloosa, IA, Muscatine, IA and Urbandale, IA. We c have a workforce of approximately 1,300 Team Members located in these facilities and sales offices 0, conveniently located around the United States of America. In addition,we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in v L Shanghai, China and Gumi,South Korea and multiple sales offices globally. J° U 0 Musco Sports Lighting, LLC has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. Lj These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of o sports lighting systems. Our Control-Link CentralT" service center is staffed 24/7/365 with trained Y operators who provide scheduling and report assistance, along with one-on-one phone training. Proactive nightly testing is done to assure customer's control systems are operating properly and field c i 0 operations are constantly monitored. 0 Along with our Lighting Services and Control-Link Central'"Teams, we have a fully staffed group of internal experts including but not limited to Sales Representatives, Regional Sales Associates, Service Representatives, Part Representatives, Project Coordinators, Schedulers, and Engineers. We will ensure your project flows smoothly and you get the results you expect. E m m L Q L C� C Q U Y a� E t v 0000 Q Musco, Packet Pg. 165 Company Profile Introduction il Since 1976,Musco Lighting has specialized in the design and manufacture of sports and large- area lighting with innovations in glare reduction and light control responsible to the needs of facility owners,users,neighbors,and the night sky.Musco'sTotal Light Control-TLC for LEDT" technology delivers a level of light control and uniformity that can't be matched,and is the solution of choice for neighborhood Little League®fields,collegiate and professional stadiums and arenas,international airports,rail yards,the Olympic Games,iconic landmarks,and some . . N Statue of Liberty National Monument of the largest ports around the world.Musco has a global team of experts that partner with t Newyork,New York,USA customers to plan,complete,and maintain a cost-effective,trouble-free lighting solution for their facility. Q a� Headquarters: Oskaloosa,Iowa;USA E Manufacturing: Muscatine,Iowa USA;Shanghai,China;Gumi,South Korea a� Global Representation: Representatives and offices located across North and South America,Europe,Africa,Asia,and Australia and successful installations in over 100 countries. LED Light Sourcec -r ' 0, Losail International Circuit " Doha,Qatar U � L - M U LED Light Source r ■Global Representation O Mercedes-Benz Superdome New Orleans Saints New Orleans,Louisiana,USA Special Projects 0 v to •Olympic Games—Rio,2016; •Crypto.com Arena •Super Bowls XVII,XIX,XXI, 3 Sochi,2014;London,2012; XXVII,XXX,XXXV,XXXVIII, Vancouver,2010;Athens, •Emirates Stadium,Arsenal F.C. XL,XLII,XLIII,XLIV,LI,LVI CD 2004;Sydney,2000;Atlanta, *Twickenham Stadium, E - - 1996;Los Angeles,1984 England National Rugby •ESPN X Games 0 y' '�' •San Francisco-Oakland L -"Battle":Tiger Woods -Tianjin TEDAFootball Golf,2000-2004 Stadium,Tianjin TEDA F.C. Bay Bridge East Span Q •Statue of Liberty CID •Daytona International •Citi Field,New York Mets R Chongqing Olympic Sports Center Speedway •NRG Stadium, -The White House a Chongqing Lifan F.C. Q Chongqing,China •Losail International Circuit Houston Texans Mount Rushmore National Memorial U •Yas Marina Circuit •Nationals Park, Y •Bahrain International Circuit Washington Nationals •Harry Reid �' •Dodger Stadium, International Airport y =� •Churchill Downs E Los Angeles Dodgers •MaherTerminal � — -: -Wimbledon Centre Court -Wrigley le Field,Chicago Cubs •MLB at Field of Dreams g Y g +, •Madison Square Garden •Lamade Stadium, Dyersville,Iowa Q ` �q •Mercedes-Benz Arena, Home of the •Gillette Stadium, LED Light Source Shanghai Little League®World Series New England Patriots Charlotte Douglas Airport •Mercedes-Benz Arena,Berlin JD Garden,Boston •Knoxville Raceway Charlotte,North Carolina,USA •Purcell Pavilion, ^^ University of Notre Dame musco® 02001,2022 MuscoSportsLig Packet Pg. 166 8.I.b Company Profile Major Innovations 1982 "The night the lights went on at Notre Dame Stadium,"said Keith Jackson, broadcaster,made television history by taking sports lighting on the road with Musco mobile lighting systems for broadcast of the Notre Dame vs.Michigan E prime time college football game. 1987 Made significant technical advancements in providing affordable light control Light Source N with Level-8—and Total Light Control-systems. � Xcel Energy Center 1991 Introduced the industry's first sports-lighting system complete from foundation to St.Paul,Minnesota,USA poletop:Light-Structure SystemT" Q a� 1992 Revolutionized NASCAR broadcasts by making night racing at the Winston Cup level E possible.Mirtran" systems were first used at Charlotte Motor Speedway and as of Im 2017,are in place at 20 speedways and racetracks,including the Daytona International J d Speedway and the Bahrain International Circuit. ° -a 1996 Introduced cost-effective,quality lighting for special effects and dramaticplayer q Y g g P � c introductions in large indoor arenas.ShowLight-systems were first used at Charlotte �% Light Source r_ Coliseum and are installed throughout the U.S.,England,and Ireland. • San Francisco Oakland Bay Bridge U 1999 Introduced technology to dramatically advance on/off capability and facility Oakland,California,USA management.Control-Link®system allows facility managers to control their lighting M systems remotely as well as provide critical management reports. 2005 Revolutionized the sports lighting industry with the introduction of Green Generation- _ U technology.This system reduces energy consumption by half,spill light by 50% y Q and includes maintenance&relamping for 25 years.Musco's Constant 25'product V Y assurance and warranty program guarantees the system will perform at the designed r light levels for the duration of the warranty. 4Z4W CMLED Light Source 2008 Installed a cutting-edge lighting system using LED technology in Washington D.C. Twickenham Stadium o England National Rugby V at the White House.This system dramatically reduced energy consumption by 87%, Twickenham,United Kingdom 3 while providing a clean,color accurate light. 2013 Matched its proven system design and application expertise with the evolving LED aD technology to provide custom lighting solutions for several major arenas and the East E m Span of the San Francisco-Oakland Bay Bridge. 2016 Introduced TLC for LED-technology,delivering to customers light control and `m uniformity never before possible,while virtually eliminating glare and significantly N R improving efficiency.The system is backed by a 25-year parts and labor warranty. 2019 Introduced Mini-Pitch System'modular sports solution and Show-Light° 02 Ski and Resort p Taebaek-si,Gangwon-do,South Korea U entertainment packages 1 2020 Introduced MuscoVision®automated sports broadcasting system 2021 Introduced Musco Wireless Communication-Structure System T for wireless networks r Television Credits a ABC,CBS,N BC,TBS,TNN,ESPN,ESPN2,FOX,FoxSports,SkyTV,CBC,BTN,ESPNU,Longhorn Network,and Channel 9(Australia)have relied on Musco to provide quality lighting to meet broadcast requirements. LED Light Source Maher Terminals Inc. Elizabeth,New Jersey,USA Musco 02001,2022 Musco SportsLig Packet Pg. 167 8.I.b Awards and Partnerships Awards p Academy Award® The Academy of Motion Picture Arts and Sciences®awarded Musco a 1985 Scientific and Engineering Award for achievement in mobile lighting in film. ©A.M.P.A.S.@ Emmy Award N Musco was awarded a 1982 Emmy®Award by the Academy of Television Arts&Sciences°for lighting 0 NCAA®football telecasts and a 2012 Sports Emmy®Award for lighting ESPN's telecast of the Winter Q ©ATAS/NA 0 X-Games 2012. c Paul Waterbury Award The 1993 Paul Waterbury Award of Excellence for Outdoor Lighting,one of two presented worldwide by the Illuminating Engineering Society,was awarded to Musco for innovative lighting design at Charlotte ITS Motor Speedway. it c 0 Partnerships U L_ Musco Lighting is proud to partner with leaders in sports and recreation to support quality facilities and programs for youth and ,O community development. 1 c� yG���MF 02 American Academy for National Collegiate Athletic o Park and Recreation Association a 94 � Administration N nnONMP r National Interscholastic Babe Ruth League® Athletic Administrators o Association N International Dark-Sky 4pj Association �AA© National Junior College INTERNATIONAL DARK-SKY ASSOCIATION Athletic Association 40P Q L W N Little League® Baseball 11��1 United Soccer League a Little and Softball ITN League Y U.S. Soccer Foundation® s Minor League Baseball SOCCER FOUNDATION Q MINOR LEAGUE BASEBALL USA USA Football® FOOTBALL 0000 MUSCO A.M.P.A.S.is a registered trademark and/or service mark owned by the Academy of Motion Picture Arts and Sciences".Emory is a registered trademark and/or service mark owned by the Academy offelevision Arts and Sciences"and/or the National Academy of television Arts and Sul ITS is a registered trademark,service mark,and/ or collective membership mark owned by the Illuminating Engineering Society of North American,Inc.Trademarks and copyrights are property of their respective owners.Registrations indicated are in the U.S.only. 1995,2020 Musco Sports Lig Packet Pg. 168 8.I.b KCDAPURCHA SING COOPERATIVE _ 18639-80TH Ave S. • P.O.Box 5550• Kent,WA 98064-5550• Phone 425-251-8115•Fax 253-395-5402•www.kcda.org KCDA Company Profile KCDA IFB Bid #23-406 Sport Court/Field Lighting 0 z Q a� c z COMPANY CONTACT INFORMATION °' J Company Name: Musco Sports Lighting,LLC Website: Vrww.musco.com Company Address: 100 1 st Ave West, PO Box 808 c City: Oskaloosa State: IA Zip: 52577 Contact Person: Amanda M. Hudnut Title: Funding Resource Specialist v L Contact Phone: 800-825-6030 Contact Email: musco.contracts@musco.com `° State of WA Department of Electrical MUSCOSL888BD � Licensing Contractor's Registration No. General CC01MUSCOSL992JB 0 Q 0 State of WA UBI Number 602 091 682 v State of WA Department of Y Employment Security No. 143567011 M 0 v Washington State Excise Tax Registration No. 602 091 682 0 Federal Tax ID Number 42-1511754 ' SAM.gov—Unique Entity ID WTHFQRT17GC5 } c a� BACKGROUND m Note: Generally, in high level contracts,KCDA will not accept an offerfrom a business that is less than five(5)years Q old or which fails to demonstrate and/or establish a proven record of business. If the bidder has recently purchased L an established business or has proof of prior success in either this business or a closely related business,provide N written documentation and verification in response to the questions below. KCDA reserves the right to accept or reject newly formed companies based on information provided in this response and from its own investigation of the Q company. p U This business is a ❑ public company M privately owned company. Y In what year was this business started under its present name? 2000 Under what other or former name(s)has your business operated? Musco Sports Lighting, Inc. (24 years) a Is this business a corporation? M No ❑ Yes. If yes,please complete the following: Date of incorporation: State of incorporation: Name of President: Packet Pg. 169 8.I.b KCDAPURCHA SING COOPERAT/VE _ 18639-80TH Ave S. • P.O.Box 5550• Kent,WA 98064-5550• Phone 425-251-8115•Fax 253-395-5402•www.kcda.org Name(s) of Vice President(s): Name of Secretary: N .` Name of Treasurer: 0 z Is this business a partnership? W No ❑ Yes. If yes,please complete the following: a Date of organization: State founded: W Type of partnership, if applicable: LM Name(s)of general partner(s): J d Is this organization individually owned? I9 No ❑ Yes. If yes,please complete the following: Date of organization: State founded: 0 Name of owner: M U This organization is a form other than those identified above. ❑ No IX Yes. `o IF THE ANSWER IS YES, describe the company's format,year and state of origin, and names M and titles of the principals. See following page c U Q COMPANY HEADQUARTER LOCATION Y r Company Address: 100 1st Ave West, PO Box 808 City: Oskaloosa State: IA Zip: 52577 0 Main Phone Number: 800-825-6030 How long at this address? 46 COMPANY BRANCH LOCATIONS c a� E Branch Address: L City: State: Zip: Q L Branch Address: n City: State: Zip: Q 0 Branch Address: v City: State: Zip: c d Branch Address: City: State: Zip: Q If more branch locations, insert information here or add another sheet with above information. Packet Pg. 170 8.I.b Background This organization is a form other than those identified above. Musco Sports Lighting, LLC is a Limited Liability Company formed in the the State of Iowa in 2000. Officers: Jeffrey A. Rogers—President Shelly Herr—Executive Vice President L Christopher K. Hyland—Treasurer �o, James M. Hansen—Secretary Q Jeff McNulty-Vice President, Sales and Service c r t a� J O C O C R U L O V L O U Q U Y r M O O v N 3 C O E d d L a L Cn C� C Q U Y c aD E t v r Q MUSCO N Packet Pg. 171 8.I.b KCDAPURCHA SING COOPERATIVE _ 18639-80TH Ave S. • P.O.Box 5550• Kent,WA 98064-5550• Phone 425-251-8115•Fax 253-395-5402•www.kcda.org SALES HISTORY Musco Sports Lighting,LLC is a privately held company and does not release our financial information. N 0 z Provide your company's annual sales for 2019,2020 and 2021 in the United States by the various public segments: Q a� 2019 2020 2021 E aM J K-12(public&private),Educational Service Agencies $ $ d Higher Education Institutions $ $ $ d' noes,Cities,Townships,Villages $ $ ■ 0, c States $ $ $ U L Other Public Sector&Non-profits $ Jq ELI J, t� L Private Sector $ $ $ 0 TOTAL $ $ $ V Q U Y r WORK FORCE c v 1. Key Contacts and Providers: Provide a list of the individuals, titles, and contact information for the 0 individuals who will provide the following services: Function Name Title Phone Email } Contract Manager Ama dnut,Funding Resource Specialist, 800-825-6(9"usco.contracts@musco.com 0 Sales Manager DougMiller,Director-USA Field Sales,800-825-6030,musco.contracts@musco.com L Customer&Support Manager Control-Link Central,877-347-3319,schedule@musco.com w Function Name Title Phone Email rn R Distributors,Dealers, WA&AK-Tim Butz,Sales Executive,503-720-6625,tim.butz@musco.com Installers,Sales Reps OR-Rick Charbonneau,Sales Representative,971-221-8648,rick.charbonneau@musco.com Q ID&MT-Josh Tiffany,Sales Representative,208-616-3258,josh.tiffany@musco.com Consultants&Trainers Control-Link Central,877-347-3319,schedule@musco.com Y Technical,Maintenance &Support Services Control-Link Central,877-347-3319,schedule@musco.com E Quotes,Invoicing& Quotes-Amanda Hudnut,Funding Resource Specialist,800-825-6030,musco.contracts@musco.com Payments Invoicin &Pa ents-Tacv Hawk Credit Analyst,800-825-6020 tacv.hawk@musco.com Q Warranty&Afte Sale Control-Link Central 877-347-3319.warrantvPmusco.corr. Financial Manager Craig Blackmun, Controller, 800-825-6030,craig.blackmun@musco.com Packet Pg. 172 8.I.b KCDAPURCHA SING COOPERATIVE _ 18639-80TH Ave S. • P.O.Box 5550• Kent,WA 98064-5550• Phone 425-251-8115•Fax 253-395-5402•www.kcda.org 2. Sales Force: Provide total number and location of salespersons employed by your company in the states of Washington, Oregon,Idaho,Montana and Alaska by completing the following: (To insert more rows, hit the tab key from the last field in the State column.) ^' O Number of Sales City State Z Reps a 2 ckamas c I Boise ID z LM N C O C O U 3. Service/Support and Distribution Centers: Provide the type(service/support or distribution) and ,o location of centers that support the states of Washington, Oregon,Idaho,Montana and Alaska U completing the following: (To insert more rows, hit the tab key from the last field in the State column.) I- a Center Type city State ci Control-Link Central Oskaloosa Q 0 Manufacturing Muscatine IA Y Technical Support Oskaloosa r Warranty Oskaloosa IA o v 0 4. In-house Resources: Describe the business's current in-house workforce, equipment and facilities available to perform under this solicitation. See following page c a� 5. Sales Training: Explain how your company will educate your sales staff on the KCDA contract E m including timing,methods, etc. See following page a m w Q ENVIRONMENTAL INITIATIVES U Y 1. Describe how your products and/or services support environmental goals. See following page E c� r Q 2. Describe the company's "green"objectives (i.e. LEED,reducing footprint, etc.). See following page Packet Pg. 173 8.I.b Work force #4 In-house Resources: Describe the business's current in-house workforce,equipment,and facilities available to perform under this solicitation. Musco has offices and manufacturing facilities in Oskaloosa, IA, Muscatine, IA and Urbandale, IA. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices located around the USA. In addition, we have approximately 200 Team Members located outside of the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, o South Korea, and multiple sales offices globally. Q Musco has a sales force of over 100 dedicated Sales Team Members throughout the United States of America and over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses.These Team Members are 2M factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. J a� Our Control-Link CentralT"' service center is staffed 24/7/365 with trained operators who provide � scheduling and report assistance, along with one-on-one phone training. Proactive testing is done to assure customer's control systems are operating properly and field operations are constantly monitored. o c Along with our Lighting Services and Control-Link CentraITm Teams, we have a fully staffed group of ti internal experts including but not limited to Sales Representatives, Regional Sales Associates, Service ,o Representatives, Part Representatives, Project Coordinators, Schedulers, and Engineers. We will ensure U L your project flows smoothly and you get the results you expect. r c 0 U These Team Members are employed by Musco Sports Lighting, LLC. Musco Sports Lighting has no agents Q or dealers authorized to represent the company. Musco's custom designed, engineered to order lighting U systems must be purchased directly from the company. Y r M O #5 Sales Training: Explain how your company will educate your sales staff on the KCDA contract 0 including timing, methods,etc. Musco conducts training several times throughout the year on cooperative purchasing. Musco also has a dedicated Team Member responsible for the administration of our cooperative contracts and acts as a daily resource for our internal Team on cooperative projects. E m m L Environmental Initiatives Q m #1 Describe how your products and/services support environmental goals. The LED light source has distinctive advantages and challenges. To realize the full potential of LED lighting, it takes experience and a proven system for controlling and applying the unique characteristics Q 0 of the diode in a sports setting. U Y With Musco's more than 45 years of experience—and over a decade of researching LED—our Team has looked at the combination of issues to achieve the best solution to meet your needs from structures to z quality of on-field light,to off-site impact,to energy and costs. r Q The key issues in sports lighting haven't changed—how do you put more light onto the field, spill less around it, protect the night sky, reduce glare, and ensure it performs when needed and withstands the elements. ccco muscv, Packet Pg. 174 8.I.b Our TLC for LED® system delivers highly controlled downward light from the poletop, along with precisely targeted upward light from our BallTracker° luminaires.Together,this patented system illuminates the underside of the ball in flight, creates better contrast against the dark night sky, and creates unparalleled cut-off, preventing spill and glare from affecting the surrounding area. #2 Describe the company's"green"objectives (ie. LEED, reducing footprint, etc.) Musco is committed to the excellence and leadership in the protection of the environment, and the o implementation of sustainable guidelines. We minimize the emissions to air,water, and land through programs to reduce pollution at its source and will conserve energy through the use of our energy Q efficient lighting systems. c See attached "For the Environment: Global Sustainability" document. J N C O C R U L 0 V L r.+ O U Q U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v r Q mUSCO. Packet Pg. 175 For the Environment: Global Sustainability • ' • AG-71 Product • Musco's Green Generation Lighting®(HID)and TLC for • • LED-technology are 30 to 80 percent more energy • - • • . • - efficient than traditional lighting equipment. • • - Customized optics direct light onto the desired surface, • • • • reducing wasted light into the surrounding area. • • • •• • _• Control-Link®system provides remote on/off control, allowing customers to schedule our light systems to •• • • • help maximize energy efficiency. • • • • Eases pollution by eliminating or reducing the use • • - • of hazardous substances and reducing greenhouse • • gas emissions. Manufacturing • On-site waste management includes recycling manufacturing scrap materials,wooden skids,paper and other packaging materials. • Packaging of our Light-Structure System'"contains between 30 to 50 percent recycled material. • Reusable packaging is used to move components from original fabrication through the complete manufacturing process. • During the spot maintenance and complete system lamping provided by Musco,all HID lamps are recycled to salvage both the mercury and glass. • Reuse water during the manufacturing process and conserve water when possible. Office • Electronic components that are not re-usable due to equipment failure or are below minimum requirements are recycled through an E-Waste Facility. • Use geothermal heating and air conditioning to minimize energy consumption. • Our facilities have automatic toilets and faucets to minimize water usage. www.musco.com IirMr�nnnm.�rn rnm 8.I.b KCDAPURCHA SING COOPERAT/VE _ 18639-80TH Ave S. • P.O.Box 5550• Kent,WA 98064-5550• Phone 425-251-8115•Fax 253-395-5402•www.kcda.org COOPERATIVE CONTRACTS 1. Does your company currently have contracts with other cooperatives (local, regional, state, national)? N X YES NO o z Q If YES,identify which cooperatives and the respective expiration date(s). c See following page aM J N If YES and your company is awarded a KCDA Contract,which contract will you lead with in marketing -a and sales representative presentations(sales calls)? W c See following 12age M U L INDEPENDENT SUBCONTRACTORS,DISTRIBUTORS,INSTALLERS,ETC. If the Bidder is not the sole manufacturer/provider of all goods and services provided under this contract, M the following must be answered: See following page c U 1. Selection Criteria for Independent Providers: Describe the criteria and process by which the business Q selects, certifies and approves subcontractors, distributors, installers and other independent services. U Y 2. Current Subcontractors,Distributors,Installers,Etc.: Provide a list of current subcontractors, distributors, installers and other independent service providers who are contracted to perform the type of r, work outlined in this bid in the in the states of Washington, Oregon,Idaho,Montana and Alaska. Include,if applicable, contractor license information and the state(s)wherein they are eligible to provide o services on behalf of this business. DISCLOSURES c aD 1. Letter of Line of Credit or Annual Financial Report(REQUIRED): Attach a letter from the business's chief financial institution indicating the current line of credit available in its name and evidence of financial stability for the past three calendar years(2019,2020 and 2021). This letter should Q L state the line of credit as a range(i.e., "credit in the low six figures"or"a credit line exceeding five N figures"). If company is a publicly traded company a complete Annual Financial Report is required in place of Line of Credit Letter. See attached letter from Wells Fargo Bank,NA (marked Confidential) Q 0 2. Legal: Does this business have actions currently filed against it? M No ❑ Yes. Y IF YES,ANATTACHMENT IS REQUIRED:List and explain current actions such as Federal a� Debarment(on US General Services Administration's"Excluded Parties List"), appearance on any state E or federal delinquent taxpayer list,or claims filed against the retainage and/or payment bond for projects. r Q Packet Pg. 177 8.I.b Cooperative Contracts #1 If yes, identify which cooperatives and the respective expiration date(s). Below is a list of cooperatives in which Musco Sports Lighting, LLC is an awarded supplier. Purchasing Group Contract Number Exp Date 1 Government Procurement Alliance 18-23DP-01 9/17/2023 y BuyBoard 592-19 9/30/2023 'o Clay County(Florida) RFP 18/19-2 5/27/2023 .r Cooperative Education Services(New Mexico) 19-014N-C104-ALL 3/18/2023 Q Costars(Pennsylvania) 014-E22-240 3/5/2023 Equalis Group COG-2102A 10/31/2025 James Madison University(Virginia) UCPJMU5091 2/18/2023 Keystone Purchasing Network KPN 201901-01 2/28/2024 J a� King County Director's Association (Washington) 19-406 2/28/2023 Louisiana Municipal Advisory and Technical Service Bureau, Inc(Louisiana) RFP#01-20 6/30/2023 R Sourcewell 071619-MSL 8/27/2023 0 0 State of Utah Division of Purchasing(Utah) MA3075 10/26/2023 c V L If yes, and your company is awarded a KCDA Contract,which contract will you lead with in marketing ,q and sales representative presentations(sales calls). U Musco is very successful at utilizing our portfolio of cooperative contracts and introducing them at the appropriate time during the sales process. v Q Musco has a long-standing history of utilizing our KCDA contract in Washington & Oregon and that will v continue with this contract. Y r M O Independent subcontractors,distributors, installers,etc. o #1 Selection criteria for independent providers: Musco Sports Lighting, LLC has no agents or dealers authorized to represent the company. Musco's custom designed, engineered to order lighting systems must be purchased directly from the company. m E As a General Contractor, Musco selects and contracts with local subcontractor organizations that meet our quality standards and can fulfill time constraints to perform the type of work outlined in this RFP. a' Q Musco does obtain license verification and insurance certificates for all subcontractors who work with us. #2 Current Subcontractors, Distributors, Installer, etc. See following page p U Y a� E t v r Q muscv, Packet Pg. 178 8.I.b Subcontractors Lightworks Electric Dennis Muir N 20915 SW 105t"Avenue o Tualatin, OR 97062 Phone: 503-691-2959 Q Email: dmuir@lightworkselectric.com c z MB Electric °' J Mardy Betschart W 8410 30t"Ave NE#C Thurston, WA 98516 c Phone: 360-455-1025 Email: mardy@mbelectricllc.com c) L Neppel Electrical & Controls, LLC L° Jerry Moncada L 1415 Wheeler Rd c Moses Lake, WA 98837 ti Phone: 509-760-5608 Q Email: bhendricks@neppelelectric.com Y Sierra Electric Inc M 0 Mitch Murphy 4120 North Swallow Avenue o Pasco,WA 99301 3 Phone: 509-542-8682 Email: mmurphy@sierraelec.net m E am Musco Sports Lighting, LLC states each of the aforementioned subcontractor installer(s) are a� authorized to install Musco's sports lighting equipment as required. Q L Musco Sports Lighting, LLC reserves the right to use other approved subcontractors, with the owners approval.Through the submittal process,the owner has the right to reject any Q subcontractors not licensed or listed with the local jurisdiction. v Y a� E t v r Q J mUSCO. Packet Pg. 179 8.I.b Wells Fargo Bank,N.A. Commercial Banking F0005-031 E 801 Walnut Street,3rd Floor Des Moines,fA 50309 October 24, 2022 N O t r� 7 Q To Whom It May Concern: , a� c W This letter is in reference to Musco Sports Lighting, LLC a valued client of Wells FargoLM Bank N.A. The executive management team at Musco is well known to us and we 0) consider them to be very capable and of the highest integrity. c O Musco Sports Lighting, LLC and its subsidiaries (the"Company") have maintained their banking relationship with us for over 17-years and have handled their depository and credit relationship in cL L- an exemplary manner. We provide the Company with a revolving line and credit commitment in 'q an amount of 8-digits (i_e. $25,000,000 or above). i c O Please contact me at 515-245-8440 if an you have follow-up Y Y p questions. Q 0 U Sincerely, Y r O n_ �w _.----._.. O Casey A. Cason, Senior Vice President N Wells Fargo Bank, N.A. casey.a.cason@wellsfargo.com aD E a� a� L a L C� C Q U Y c d E t ca r Q 0 2019 Wells Fargo Bank,N.A.All rights reserved.Member FDIC. Packet Pg. 180 8.I.b KCDAPURCHASING COOPERATIVE _ 18639-80TH Ave S.+ P.O.Box 5550+Kent,WA 98064-5550+ Phone 425-251-8115+Fax 253-395-5402+ www.kcda.oT(7 REFERENCES Provide contact information of your company's five largest public agency customers: N L Agency Name Title Phone Number Email 0 1. SeattIe Public Schools,Conrad Plyler, Project Manager,206-252-0662, caplyler@seattleschools.org Q 2. Tacoma Public Schools,Dale Stafford,Supervisor Capital Projects,253-571-1000,dstaffo@tacoma.k12,wa.us c 3. West Linn Wisonville School District,Remo Douglas,Projects Manager,503-673-7988,douglasr@wlwv.kl2.or.us Evergreen 4. Public Schools,Susan Steinbrenner,Executive Director Facilities,360-604-4077,Susan.steinbrenner@evergreenps.org J a) North Clackamas School District,Ed Barrow,Electrician,971-371-6509,barrowe@nclack.kl2.onus c O ' U Signature l� L ust be same signature that appears on the bid response forms M L O U Q C V Y M O O t,1 N 7 C N E d d L IM Q L N R Q U Y r c m E t v cu Q Packet Pg. 181 8.I.b Project References Sehome High School Bellingham School District N Curtis Lawyer—Capital Projects Director t Phone: 360-676-6500 Email: Curtis.Lawyer@bellinghamschools.org a a� c Union High School z Evergreen School District 2 Susan Steinbrenner—Executive Director Facilities a� Phone: 360-604-4077 a Email: susan.steinbrenner@ever reen s.or g p g c O Milwaukie High School v North Clackamas School District L_ 0 Ed Barrow, Electrician Phone: 971-371-6509 i Email: barrowe@nclack.kl2.or.us o U Q 0 U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v r CCC Q J mUSCO. Packet Pg. 182 8.I.b Project • . • Baseball 1 Softball Football Chief Leschi High School Auburn High School Memorial Stadium** Spanaway Lake High School Lakebay,Washington Auburn,Washington Spanaway,Washington Columbia Point Bellevue High School Squalicum High School Richland,Washington Bellevue,Washington Bellingham,Washington Evergreen School District Bethel High School Stewart Field Evergreen High School Spanaway,Washington Aberdeen,Washington N N Heritage High School Bremerton High School Sunset Chev Stadium**(D `p Mountain View High School" Bremertoon,Washington Sumner,Washington Union High School 7 Vancouver,Washington Capital High School Timberline High School Q Island Crest Park Olympia,Washington Lacey,Washington Im Mercer Island,Washington Central Washington University Vashon Island High School E Ellensburg,Washington Vashon,Washington t Lummi Baseball Bellingham,Washington Fran Rish Stadium(D Warden High School Richland,Washington Warden,Washington Muckleshoot High School v) Auburn,Washington Graham Kapowsin High School Yelm High School Phil Johnson Ballfields Graham,Washington Yelm,Washington c Everett,Washington Hazen High School** 0, Valley Ridge Sports Complex Sumner,Washington Soccer M SeaTac,Washington Hudson's Bay High School Kasch Park Athletic Complex U Vancouver,Washington Renton,Washington L O Multi-Purpose Issaquah Middle School Manette Playfield Issaquah,Washington Bremerton,Washington M Allen Yorke Park** L Bonney Lake,Washington Kelso High School North SeaTac Park c Kelso,Washington SeaTac,Washington V Bellevue College Bellevue,Washington Lakeridg a Middle School Sehmel Homestead Park Sumner,Washington Gig Harbor,Washington V Bellingham High School Lindbergh High School ID Skagit Valle College Y Bellingham,Washington g g 9 Y 9 .. Renton,Washington Mount Vernon,Washington Big Rock Park c i Duvall,Washington Maywood Middle School Twin Ponds Park Renton,Washington Shoreline,Washington Central Kitsap High School Mercer Island High School O Silverdale,Washington g v Mercer Island,Washington Tennis 3 Central Park Pad Nathan Hale School** Issaquah,Washington Meadowdale High School Seattle,Washington Centralia College** Lynnwood,Washington Centralia,Washington Newport High School Moses Lake High School E Bellevue,Washington Moses Lake,Washington Edmonds Woodway High School North Mason High School Edmonds,Washington g 01 Belfair,Washington Other Q Puyallup Sports Complex Pine Lake Middle School Puyallup,Washington Columbia Point Basketball N Sammamish,Washington Richland,Washington Ridgefield Outdoor Recreation Complex Renton Memorial Stadium Ridgefield,Washington Renton,Washington Grant County Fairgrounds** Q Sehome High School Moses Lake,Washington p ,Bellin ham Washington Ridgefield Middle School U g g Kennewick High School Track Y Ridgefield,Washington SERA Ball Fields Kennewick,Washington Roosevelt High School Tacoma,Washington g Sylvester Park Mini-Pitch Seattle,Washington Squalicum High School Pasco,Washington Bellingham,Washington Sammamish High School Torguson Bike Park Bellevue,Washington r Steve Cox Park North Bend,Washington Q Seattle,Washington Seattle Public Schools Seattle,Washington Golf Summit Park School Maple Valley,Washington Shelton High9 e Meadow Park Driving Ran Shelton,Washington 9 South Bend High School University Place,Washington South Bend,Washington 0000 *Partial Listing **Under Construction p Show-Light Retrofit Musco Sports Lighting,LLC zoos,2022• M-1274-enUS-12 MUSC0. WWW.MUSCO.COMPacket Pg. 183 8.I.b Project • Oregon* Football Softball Soccer Adrian High School Azalea Park Ball Fields Baker City High School Adrian,Oregon Brookings,Oregon Baker City,Oregon Adrienne C.Nelson High School 0 Gib Olinger Elementary School Bend FC Timbers Sports Complex Happy Valley,Oregon Milton Freewater,Oregon Bend,Oregon Brookings Harbor High School ID Hermiston High School Corban University N Brookings,Oregon Hermiston,Oregon Salem,Oregon O Central Catholic High School Jubilee Park Civic Soccer Field Portland,Oregon Cave Junction,Oregon Eugene,Oregon Q Century High School McDaniel High School Conestoga Middle School Hillsboro,Oregon Portland,Oregon Beaverton,Oregon Eastern Oregon University Oregon State University Eastside Timbers LM LaGrande,Oregon Corvallis,Oregon Gresham,Oregon J Estacada High School(DID Wilsonville High School Lakeridge High School Estacada,Oregon Wilsonville,Oregon Practice Soccer Franklin High School Baseball Lake Oswego,Oregon c Portland,Oregon Love Abounds Foundation Fields Glencoe High School Corvallis High School Grants Pass,Oregon v Hillsboro,Oregon Corvallis,Oregon McMinnville High School L O Hamlin Middle School George Rogers Park McMinnville,Oregon Lake Oswego,Oregon Oregon v Providence Park M Harrisburg High School Milwaukie High School MLS—Home of the Portland Timbers c Harrisburg,Oregon Milwaukie,Oregon Portland,Oregon V Hillsboro High School Rex Putnam High School Reinhart Volunteer Park o Hillsboro,Oregon Milwaukie,Oregon Grants Pass,Oregon V Roosevelt High School University of Oregon Rec Field Y Hood River High SCh001 Portland,Oregon Eugene,Oregon Hood River,Oregon < Mountainside High School Tennis University of Portland Riverfront Fields v Portland,Oregon Beaverton,Oregon O Neah Kah Nie Track&Field Sherwood High School Sherwood, Rockaway Beach,Oregon Sherwood,Oregon George Rogers Park Nestucca High School Multiple Field Lake Oswego,Oregon (D Cloverdale,Oregon E Canby High School** Grant High School d New Bend High School 0 Softball&Multipurpose Portland,Oregon L Bend,Oregon Canby,Oregon Q Pendleton High School THPRD Cedar Hills Park g Clackamas High School Beaverton,Oregon w; Pendleton,Oregon Baseball&Softball rn THPRD SW Quadrant Ballfields Sam Barlow High School Clackamas,Oregon Beaverton,Oregon Gresham,Oregon McDaniel High School Q University of Oregon Rec Field** � Sherwood High School Football&Baseball U Portland,Oregon Eugene,Oregon `1 Sherwood,Oregon g Sisters High School McLoughlin High School Wilsonville High School f Sisters,Oregon Football**O&Soccer Wilsonville,Oregon E Milton Free Water,Oregon v Tualatin High School� Other c� Tualatin,Oregon Tigard High School**(D Q Vernonia High School Baseball&Football Grants Pass Fairgrounds Vernonia,Oregon Clackamas,Oregon Grants Pass,Oregon Wilsonville High School University of Oregon West Linn High School(D Football&Softball Hayward Field West Linn,Oregon Wilsonville,Oregon Eugene,Oregon Yoncalla High School Yoncalla,Oregon 0000 *Partial Listing **Under Construction 0 Retrofit Show-Light O RGB-U Musco Sports Lighting,LLC 2005,2022• M-1273-enUS-13 musco. Packet Pg. 184 8.I.b • - • • . • Idaho Ann Morrison Park Fort Boise Park Orofino High School Softball Softball& Tennis Football/Baseball Boise,Idaho Boise,Idaho Orofino,Idaho Bishop Kelley High School O Grangeville High School Parma High School Soccer/Lacrosse Football Football N L Boise, Idaho Grangeville, Idaho Parma, Idaho 0 Black Bay Park Harmon Park Priest River Lamanna High School a Tennis Softball Stadium 0 Post Falls,Idaho Twin Falls,Idaho Football Boise Capital Soccer Club Highland High School O Priest River, Idaho Soccer Football Ramsey Park W Meridian,Idaho Pocatello, Idaho Softball -a Bonners Ferry High School Hawthorne Middle School O Coeur d'Alene, Idaho R Soccer Football Rexburg Quad Complex O ;, Bonners Ferry,Idaho Pocatello,Idaho Baseball Burley High School Idaho State University O Rexburg, Idaho 0 Football Soccer Storey Park Burley,Idaho Pocatello, Idaho Softball BYU - Idaho Lewis &Clark State College Meridian, Idaho 0 h School Harris Baseball Field Vallivue HI v Intramural Fields g Rexburg, Idaho Lewiston,Idaho Baseball o BYU - Idaho O Lighthouse Christian School Caldwell, Idaho Y Soccer Football War Memorial Field O M Rexburg,Idaho Twin Falls, Idaho Football, Baseball& Softball Century High School O Marimm Health Youth Center O Sandpoint, Idaho 0 Football Football Watkins Park Pocatello,Idaho Worley,Idaho Softball College of Idaho O McEuen Field Pocatello,Idaho Wolfe Baseball Field Softball West Jefferson High School E Caldwell,Idaho Coeur d'Alene,Idaho Football a� College of Idaho O Memorial Field Terreton Idaho a L Simplot Football Stadium Baseball Wilder High School Caldwell,Idaho Coeur d'Alene,Idaho Football Wilder,Idaho Old Butte Soccer Complex o Soccer v Idaho Falls,Idaho Y a� E z U r Q 0000 *Partial Listing—Under Construction LED,,_,'Retrofit Musco Sports Lighting,LLC zoos,2021• M-�442-enUS-n MUSC0. Packet Pg. 185 8.I.b Project • Montana* Baseball Football Softball Bozeman American Legion Baseball Baker High School East Helena High School 0 Field 01. Baker,Montana East Helena,Montana Bozeman,Montana Big Sky School District**0 Fort Missoula Regional Park O Butte Silver Bow Miners Field Football/Soccer Missoula,Montana Butte,Montana Gallatin Gateway,Montana Hamilton High School**Q N L Dehler Park Bozeman High School East Helena,Montana 0 Billings,Montana Van Winkle Field Q Lame Deer High School a Kindrick Legion Single A Baseball Bozeman,Montana Lame Deer,Montana Field—Pioneer League MiLB Browning High School Q c Helena,Montana Browning,Montana Soccer a� East Helena High School Q Amend Park Q Other East Helena,Montana Billings,Montana Lewis&Clark Count Rodeo Arena Lambert High School Y Bozeman High School Helena,Montana Lambert,Montana Bozeman,Montana o Rosebud County Fairgrounds Q Lame Deer High School Fort Missoula Regional Park O a Forsyth,Montana Lame Deer,Montana Missoula,Montana V L Lockwood High School Q ,q Montana State University Billings,Montana Lambert Field O Montana State University Bozeman,Montana Bobcat Football Stadium ° v Bozeman,Montana Q Philipsburg High School Y Philipsburg,Montana Rocky Mountain College o Billings,Montana Sidney High School Football 0 Sidney,Montana Sweet Grass High School Football Big Timber,Montana m Townsend School District Football Townsend,Montana University of Montana a L Washington Grizzly Stadium N Missoula,Montana Winifred High School O Q Winifred,Montana L) U Y a� E t v r Q cx�= *Partial Listing —Under Construction QLED Retrofit Musco Sports Lighting,LLC zoos,2021 M-i585-en1JS-ii MUSC0; Packet Pg. 186 8.I.b a� N �L O Q J N C O C R U L 0 V L O U Q 2. Response Forms U Y r M O O v N 7 C N E 0000 d L Q L C� C Q U Y a� E t v r Q MUSCo., Packet Pg. 187 8.I.b KCAOPURCHA SING COOPERATIVE 18639-80TH Ave S.• P.O.Box 5550+ Kent,WA 98064-5550 + Phone 425-251-8115+Fax 253-395-5402 + www.kcdo.org INVITATION FOR BID N L 0 Bid #23-406 Sport Court and Field Lighting r a Attachment A r Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion .2 as a� it c 0 In submitting the proposal to provide products and/or services as outlined in the bid specifications, we hereby c certify that we have not been suspended or in any way excluded from Federal procurement actions by any v Federal agency. We fully understand that, if information contrary to this certification subsequently becomes ,o available, such evidence may be grounds for non-award or nullification of a bid contract. L Y This certification is required by the regulations implementing Executive Order 12549, Debarment and v Suspension, Participant's Responsibilities. o U Y I Signed: A AM CD� 0 Title: Vice President. Sales j1j_Service v, Firm: c as E Address: 100 1st Ave West PO Box 808 L a L City, State, Zip: Oskaloosa, IA 52577 M Date: 11 29 202 a 0 U Y Email —musco.contracts@musco.com c a� E Note: Electronic acceptance of these terms and conditions signifies compliance with above statement. (Line a item Whse bids) a King County Directors' Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 188 8.I.b KCDA Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid L solicitation date 11/9/2022, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of r any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding a 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. J certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. c O Musco Sports Lighting, LLC Bidder's Business Name U f N✓7 ' � V Sin ure of Authorized Official* f° L Y O Jeff McNulty a Printed Name Vice President, Sales and Service Y r M Title CD O 11/29/2022 Osklaoosa Iowa n Date City State g c a� E Check One: L Sale Proprietorship ❑ General Partnership ❑ LLC ® Corporation ❑ Q L r M State of Incorporation, or if not a corporation, State where business entity was formed: Q 0 Iowa U Y c If a co-partnership, give firm name under which business is transacted: E ca Q * 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. Packet Pg. 189 8.I.b ATTACHMENT B Bid#23-406 Sport Court/Field Lighting KCDAPURCHASING COOPER.4T►VE Terms By Manufacturer 18639-80TM Ave S-•P.O.Box 5550•Kent WA 98064-5550•Phone 425-251-8115•Fax 253-M9 5402•www.kcda.org Bid Due Date:January 5,2023 On or t Before 2:00 PM PST T J Bidder Name: Musco S orts Lighting,LLC Address: 100 1st Ave West PO Box 808 Phone: 800-825-6030 Fax: 641-672-1996 City,State,Zip: Oskaloosa IA 52577 � STANDARD BIDDER LEAD TIME FOB DESTINATION: 6-8 weeks standard delivery o c M TERMS BY MANUFACTURER:Please provide the minimum order required per manufacturer and lead times. SPECIFIC DISCOUNTS:Please provide quoted discounts from the manufacturers current f'st prices.It is the bidders U responsibility to submit updated price lists during the contract year,when the contract allows,otherwise discounts will be L taken from the most current on file.The manufacturer must already be present in this bid to be considered.Discounts must include shippingi freight charges.A current price lost and catalog must be provided at the time of bidding.NOTE: j DISCOUNTS MAY BE USED IN DETERMINING AWARDS. r FOB-Freight p FACTORY-Cost will be extra V Manufacturer Minimum Order Lead Time Discount Amount Discount Detail DESTINATION-Cost is included in discount U Y Ex:ABC Company Inc $1,000 4-6 Weeks 25% 2022 List Price Sheet Destination r M O Please se attached documents for dic tails. to 7 C N N N L Q L w+ to R Q U Y c m E t c� 11/29/2022 23-406 Musco Sports Lighting,LT.0 Q or' d Agents Signature Date Bid Number Name of Firm Packet Pg. 190 8.I.b KCDAPURCHASING COOPERATIVE 18639—801h Ave.S. • P.O. Box 5550 • Kent,WA 98064-5550 • Phone 425-251-8115 • Fax 253-395-5402 • www.kcda.org INVITATION FOR BID N L 0 Bid#23-406 Sport Court and Field Lighting .r Q ATTACHMENT C—Special Provisions c z a� THESE INSTRUCTIONS SUPERCEDE AND TAKE PRECEDENCE OVER ANY OPPOSING LANGUAGE IN THE STANDARD j TERMS AND CONDITIONS -a c 0 A.SOLICITATION OBJECTIVES KCDA is seeking manufacturers, providers, or dealers/distributors to provide current and emerging Sport Court Field cL Lighting to its members. L2 U L Total approximate value of spend for this contract is between $6,500,000.00 and $9,000,000.00. However, KCDA r does not guarantee any minimum or maximum value or number of orders. 0 Q It is KCDA's intent to establish an annual multi-state contract with the potential of up to three (3) one-year U extensions if mutually agreed between KCDA and the awarded vendor(s). Bidders must be a manufacturer or a Y manufacturer's sales representative authorized to provide KCDA Sport Court Field Lighting in Washington,with the M preferred ability to service surrounding member states (ex: Oregon, Idaho, Montana, Alaska). 0 Contracts established by KCDA are available for use by all public schools, colleges, universities, cities, counties, and N other government agencies throughout the nation. Participation in KCDA is not required of any governmental agency; however, participation does provide the legally required competition for contracts for commonly purchased products and services,thereby saving the entity the time and expense of a required competitive process. As allowed by specific state statutes, members can issue purchase orders for any amount without the necessity to prepare their own IFB or gather necessary quotations. a L Bidders must be an authorized manufacturer, sales representative or service dealer having a local sale, service and v install presence in Washington State.The Bidder must also include a list identifying the states within which they are authorized to sell, service and install. If a portion of a state is serviced, bidder must specifically list the portion which o is serviced. Bidder can list by county, region, or territory. Bidder must provide the list as a separate document when Y submitting a response. The bidder may propose different pricing and rates for different installation areas as necessary to accommodate applicable wage rates and costs. Bidders must have a local sales presence that either a reside or can be contacted within the additional states named to enable KCDA members to have onsite consultation, z needs assessment, installation, integration, and training. r Q It is the intent to award this contract to the most responsive, responsible vendor that can provide field lighting and related services to KCDA members which meet the terms, conditions and specifications outlined in the IFB. The contracted services are to meet or exceed all federal, state, and industry standards in addition to requirements as defined, established, set forth, and adopted by each agency and or organizations. The types of services and products may include, but are not limited to LED luminaries, Housing, Steel Poles, Foundation, Electrical components, brackets, miscellaneous fasteners, and bolts for product. Installation and training services. Packet Pg. 191 8.I.b By conducting this solicitation, KCDA intends to provide savings and to offer its members a choice of Sport Court Field Lighting and Services at discounted pricing. KCDA's purpose is to: • Cooperatively serve our members and associate members through a continuous effort to explore and solve present and future purchasing needs. N • Provide government agencies opportunities for greater efficiency and economy in acquiring goods and o services. • Equalize purchasing power for smaller agencies that are unable to command the best contracts for Q themselves. • Maintain credibility and confidence in business procedures by maintaining open competition for purchases and complying with purchasing laws and ethical business practices. aM J • Provide competitive price solicitations which meet the procurement laws of our members. a) • Secure multi-state volume purchasing contracts which are measurable, cost effective and continuously -a exceed our members' expectations. c • Provide quick and efficient delivery of goods and services by contracting with "high performance and 0 quality"vendors who understand our members' needs. c) L 0 B. TIMELINE L Advertised as Bid #23-406 in DJC Seattle, Oregon November 9th, 2022 & November 16th, 2022 Lj January 5th, 2023, Bids due no later than 2:00 P.M. PST Q February 9th, 2023, Award recommendation Y February 16th, 2023, Board Approval r M March 15T, 2023, Contract Start Date 0 C. SUBMISSION OF BIDS Bidders are requested to submit pricing for Washington state per the drawings and specifications provided in this solicitation. KCDA requests pricing for its members in Oregon, Idaho, Montana and Alaska as well. Bidder is requested to submit either 1) separate price pages for each state being bid or 2) provide a pricing matrix that shows E m a price factor to be applied to the Washington state pricing in order to calculate the pricing for other states. Pricing must be provided in hard copy and must be available in excel on flash drive or CD. a Online submission of bid through Public Purchase is NOT accepted. ; • Submit sealed bids in 3-ring binder with an inside pocket and a set of dividers. Submit one (1) bound and signed copy of the bid plus one (1) electronic copy on CD or flash drive. Q • KCDA reserves the right to reject any or all bids and to accept any proposal deemed most advantageous to U KCDA members and to waive any informality in the bid process. Y • Bids shall be submitted as stated in this solicitation. Deviations to any terms, conditions and/or a� specifications shall be conspicuously noted in writing by the bidder and shall be included with the bid. No E cross outs or delineations shall be made to the existing document. Exceptions and deviations will be U considered in award evaluation. KCDA reserves the right to reject any deviations or exceptions stipulated in Q a bidder response and may subsequently disqualify such bid if such terms are unacceptable to KCDA. Language to the effect that the bidder does not consider this solicitation to be part of a contractual obligation may result in the bid being disqualified. • Withdrawals of bids will not be allowed for a period of 60 days following the opening. Withdrawal of bids prior to the opening date will be permitted. • Addendums if required, will be issued by KCDA through Public Purchase. Addendums will also be posted on the KCDA website (www.kcda.org) under Contracts & Bids—Vendor Bids. Addendums will not be mailed or e-mailed. It is bidder's responsibility to check for issuance of any Addendums prior to submittin Packet Pg. 192 8.I.b Addendums must be signed and returned with the bid document, or the bid will be considered non- responsive.All documents with signatures shall have original ink signatures. Electronic copies shall be scanned with original signatures. D. BID FORMAT 1. Preparation of the Bid Response N L a. The IFB#23-406 is published in one PDF document on the KCDA Website, it is also published on the Public Purchase Website with all required documents and forms posted Q separately. a� • Cover Page indicates the Due date and where to send Bid documents to S • Attachment A contains the Debarment Statement(signature required) 2M • Attachment B, includes Terms by Manufacturer(signature required) aa) • Attachment C Special Provisions that take precedence; (signature required) -a • Attachment D Manufacture Product Price List (completion required) R c • Attachment E1 Miscellaneous Fees (completion required) o • Attachment E2 Service Price Schedule (completion required) • Attachment X Deviations (signature required) U L • Company Profile (signature required) +, • Certification of Compliance (signature required) i • EDGAR form (signature required) o U b. Bid Forms requiring signatures shall be submitted with original ink signatures, by the p person authorized to sign the bid. Failure to properly sign the bid documents or to make U Y other notations as indicated will result in the response being deemed non-responsive. r C. Corrections and/or modifications received after the opening time will not be accepted, o except as authorized by applicable rule, regulation, or statute and KCDA. d. In case of an error in extension of prices in the bid, unit prices shall govern. 0 e. Periods of time, stated as several days, shall be in calendar days, not business days. f. It is the responsibility of all Bidders to examine the entire IFB 23-406 package,to seek clarification of any item or requirement that may not be clear, and to check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no E right of withdrawal after due time and date. g. The Bidders' ability to follow the bid preparation instructions set forth in this solicitation a L will also be an indicator of the Bidders' ability to follow instructions should they receive an award because of this solicitation.Any contract between the KCDA and a Bidder requires the delivery of information and data.The quality of Q organization and writing reflected in the bid will be an indication of the U quality of organization and writing which would be prevalent if a contract was awarded. Y As a result,the bid will be evaluated as a sample of data submission. a� E z U 2. Format of Bid Response Q Bidders shall provide bids in a three-ring binder using standard size paper, clearly identified with the company name and the name of the IFB being responded to on the outside front cover and vertical spine. Clearly identified tabs must be used to separate the bid into sections, as identified below. Responses should be direct, concise, complete and unambiguous. Bidders failing to organize bids in the manner requested risk being considered non-responsive if bids are not easily read and understood. Awards will be made more efficiently and timely by following the required format. Packet Pg. 193 8.I.b Tab 1-Company Profile/Information • Responses should include a brief introduction informing KCDA of the qualifications and experience of the Bidder, along with a brief company history. • Reference requirements: (3). Projects should be of similar size and complexity, preference given for government contracts. Tab 2- Response Forms • Debarment Statement-Attachment A a� N • Certification of Compliance with Wage Payment Statutes o • Terms by Manufacturer-Attachment B (option: bidder may include this information in their own format as part of the pricing pages) Q • Attachment C—Special Provisions • Deviations—Attachment X aM • Edgar Certification Form J W aM 2 Tab 3—Pricing sheets supplied in IFB. • Price sheets supplied in IFB. >°, c • A listing of products or services which are not listed on the price list which Bidder can provide U and may be considered as a value add for KCDA member agencies. o Tab 4- Product Line Brochures and Literature r c 0 Tab 5 - Marketing Plan: U Q • List shows, conferences, show examples of flyers or describe how bidder will market the KCDA o U Sports Field Court Lighting Contract. Y Tab 6—Authorized Dealers/Vendor Partners M 0 • Provide letters from each manufacturer stating authorization to deal. • List all dealers/vendor partners authorized to utilize this contract through the vendor. c°, Tab 7-Addendums ' c E.VENDOR RESPONSIBILITIES • Designate and assign a dedicated senior-level contract manager(one authorized to make decisions)to the KCDA contract. This employee will have a complete copy and must have working knowledge of the contract. a • Train and educate sales staff on what the KCDA contract is including pricing, who can order from the m contract,terms/conditions of the contract and the respective ordering procedures for each state. It is N expected that the awarded vendor will lead with the KCDA contract. • Develop a marketing plan to support the KCDA contract in collaboration with respective KCDA member Q 0 agencies. Plan should include, but not be limited to, a website presence, electronic mailings, sales flyers, U Y brochures, mailings, catalogs, etc. • Create a KCDA-specific sell sheet with a space to add a KCDA logo and contact information for use by KCDA and the awarded vendors local sales representatives to market within each state. z • Have ongoing communication with the Contract and Procurement Specialist at KCDA and the KCDA member r agencies. Q • Attend two (2) "touch base" meetings at KCDA per year. One of those meetings may be participating in the KCDA Vendor Fair. • Participate in national and local conference trade shows to promote the KCDA contract. • Increase sales over the term of the KCDA contract. F. EQUIPMENT& RELATED PRODUCTS 1. New Sport Court Field Lighting and Services: Packet Pg. 194 8.I.b a. All Sport Court Lighting and Services provided under this contract must be new. Sport Court Lighting and Services which have not been used previously and are being actively marketed by the Manufacturers' authorized dealers. b. All branded Sport Court Lighting include components, spare parts, application software, and ancillary equipment supplied under this contract must conform to manufacturer specifications and shall be of new manufacture and in current standard production. The awarded vendor is responsible for ensuring that these items are operable and installed in accordance with N manufacturer's specifications. o See the Attachment D Manufacture Product and Pricing List for specifications for the product details. Q 2. Sport Court and Lighting Services Installation/Removal c a) The installation and/or removal of contract Sport Court Lighting Services shall be performed in a 2M professional manner. The member's premises and equipment shall be left in a clean condition.The awarded J vendor may be required to repair all damage and/or provide full compensation for damage to the member agencies premises and equipment that occurred during installation/removal. b) Personnel in charge of the installation must be available to coordinate installation with member agency's o internal staff. Qualified service support and technical personnel will be required to provide all necessary maintenance and repair. Installation dates and installation schedule must be approved by member agency. c� L a. Installation crews may be working around students, teachers, and general staff. Installation may ,o require off hour and weekend work to accommodate and complete the project in the timeline U required by the member agency.The member agency will try to accommodate access for installation c during school/business hours; however, any plan that displaces staff, students or personnel will v most likely create disruption to the ordinary daily schedule. After hours and weekend installations a are preferred and will be so identified in the proposal to the member agency. v b. Project Manager for the awarded vendor shall verify proper installation at multiple and various Y times throughout the duration of the installation. M c. Upon successful completion of installation, test system functionality for all possible scenarios and document all outcomes. o f. Installment requirements (electrical certifications, plumbing certifications, licenses, permits etc.). c 3. Field Court and Lighting Services Newly Installed Equipment or Related Product Problems E m m L a) Member agency will evaluate the performance of newly installed equipment for a 15-day period after a installation. If the performance is unsatisfactory,the member agency will immediately contact the awarded vendor to pursue corrective action and resolution of the problem. Resolution of performance problems may result in: • Repair or other action to correct the problem including training or modifications made to 0 member's satisfaction v Y • The replacement of the Field Court Lighting Services with another Field Court Lighting Services of the same brand and model, at no additional cost (including delivery and installation)to the member agency, or- • Return of the Field Court Lighting Services with cancellation of the order at no charge to the member agency. Q 4. Field Court Lighting Services Inspection/Testing/Acceptance a. Inspections,tests, measurements, or other acts or functions performed by the member agency shall in no manner be construed as relieving the awarded vendor from full compliance with contract requirements.At a minimum, an installed piece must demonstrate the capability of providing the functions and services specified in the manufacturer's published literature. 5. Field Court and Lighting Services Maintenance, Repair and Service Packet Pg. 195 8.I.b a. Maintenance, repair, and service related to the operation of Field Court Lighting Services must be provided to member agency. b. Excessive Service and Downtime: : Field Court Lighting Services including all components, spare parts, application software, and ancillary equipment supplied through this contract shall be capable of continuous operation.Therefore, awarded vendor shall guarantee that all Field Court Lighting Services will be operational at least 98%of normal business hours. Field Court Lighting Services that develop a trend of requiring an excessive number of service calls shall be reported by the member agency to the awarded vendor or by the awarded vendor to the member agency as the situation warrants and a corrective action and resolution will be made in a manner o that is best for the member agency. C. If the performance of maintenance services under the contract results needs Q to replace defective parts, such items may only be replaced by new parts. In no instance shall the awarded vendor be permitted to replace defective items with refurbished, remanufactured, or surplus items without prior written authorization of the 2M member agency. J a� d. Awarded vendor must guarantee the availability of repair parts for a minimum of five (5) a' years after member agencies acceptance of the contracted. c 0 Field Court and Lighting Services c) 6. Field Court and Lighting New products and/or Services ,o a. Field Court Lighting Services must meet the scope of work to be added to the contract. U b. Pricing shall be equivalent to the percentage discount for other products. c. Awarded vendor may replace or add product lines to an existing contract if the line is replacing or 0 c� supplementing products on contract, is equal or superior to the original products offered, is Q discounted in a similar or to a greater degree, if it is within the same awarded manufacturer and if v the products meet the requirements of the solicitation. Y d. No products may be added to avoid competitive procurement requirements. KCDA may require M additions to be submitted with documentation from KCDA members demonstrating an interest in, or a potential requirement for,the new product or service. 0 e. KCDA may reject any additions without cause. 7. Field Court Lighting Services Discontinued Products If a product or model is discontinued by the manufacturer, awarded vendor may substitute a new E product or model if the replacement product meets or exceeds the specifications and performance of L the discontinued model, it is within the awarded manufacturer and if the discount is the same or greater a than the discontinued model 0 NOTE: Listing the above specifications shall in no way relieve the awarded vendor from the responsibility to Z follow proper code and regulations. Q 0 U Y G.TRAINING &SUPPORT If applicable, please state specifically the amount of training which will be provided at no charge.Then list the z charge r per hour of additional training if applicable (see Bid Sheet). Q a. If specified by the member agency, staff in-service shall be offered following the installation. Training needs must be quantified and specified by the member agency. Awarded vendors shall provide appropriate pricing(if applicable) based upon each member agencies training need. It is understood that some training may be provided free of charge and some may incur charges. Please outline your training philosophy and related pricing structure. b. If desired follow up training may also be scheduled to further support usage and to identify Any individual training needs. Please include follow up training pricing as well. Packet Pg. 196 8.I.b H. PUBLIC WORKS LANGUAGE Vendor agrees that, in performance of the services required under this agreement, Vendor shall abide by all federal, state, local and Washington law and regulations that may apply to construction and public works. It is the responsibility of the Vendor to determine applicability and requirements of any such laws and to abide by them. a� N L a) Public Works: 0 State of Washington statute requires workers be paid prevailing wages when employed on public works Q projects and on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010 and 020) It is the contractor's responsibility to be acquainted with and comply with State regulations regarding payment of prevailing wages on public works projects. Prevailing Wages are established by the Washington 2M State Department of Labor and Industries and can be obtained on the web at J a� http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp or by contacting Labor and Industries at 360-902-5335. A copy may also be requested from KCDA. KCDA serves all counties in Washington State. The County in which the project is located will be identified once a member initiates a o request for the service, and the effective wage rate to be applied to a specific project is to be based on the date of this bid during the original contract term, and if contract extensions are granted,the prevailing wage c� L rate in affect at the time of the latest extension. ,o U L Application: The Public Works Act regulates wages paid to workers, laborers and mechanics performing 0 c) public work. It does not apply to work that is clerical, executive administrative or professional in nature. It Q does not apply to work of a secretary, engineer, or administrator, unless they are performing construction v work, alteration work, repair work, etc. Prevailing wage application depends on the work that is performed, Y regardless of the worker's job title. (RCW 39.12.020 and WAC 296-128-510 through 530) M 0 v 0 Definition: Public Works is all work, construction, alteration, repair, or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road construction, building construction, ferry construction and utilities construction. (RCW E 39.04.010) L Q L Public Building Service Maintenance Contracts: Prevailing wages are also required on all public building service maintenance (janitorial) contracts. (RCW 39.12.020) Q U Y Contractors bidding a Public Works project exceeding$1,000,000.00 must declare who their HVAC, Mechanical and Electrical subcontractors will be within one hour of bid submission and the listing of E structural installation and rebar installation subcontractors within 48 hours of bid submission and submit z this information with bid documents in order for the bid to be responsive. (RCW 39.30.060). r Q Apprentice Utilization Requirements(AURs) Public works projects should conduct a 15%apprentice utilization requirement if the project belongs to any of below, • State public works estimated to cost$1 million dollars or more. • Department of Transportation projects estimated to cost$2 million or more. • All school district public works projects estimated to cost$1 million or more; and Packet Pg. 197 8.I.b • All public works by a state four-year institution of higher learning estimated to cost$1 million or more. And one of three requirements should happen on a project: • The project meets the 15%AUR. • The project does not meet the 15%AUR, however the awarding agency approves a good faith effort; or • The monetary penalty written in the contract is assessed. N L 0 Good faith efforts are for the entirety of a project, not a single occupation unless there happens to be only one apprentice able occupation on the project. Therefore,the prime contractor Q cannot only consider their occupation(s)when requesting a good faith effort and leave out the c occupations and workforce used by subcontractors. J N Within existing resources, awarding agencies are responsible for monitoring apprenticeship -a utilization hours by contractor. There must be a specific line item in the contract specifying that c apprenticeship utilization goals should be met, monetary incentives for meeting the goals, >°, c monetary penalties for not meeting the goals, and an expected cost value to be included in the f° U bid associated with meeting the goals. The awarding agency must report the apprenticeship o utilization by contractor and subcontractor to the supervisor of apprenticeship at the U department of labor and industries by final project acceptance. The electronic reporting system that is being developed by the department of labor and industries may be used for either or �j both monitoring and reporting apprenticeship utilization hours. a 0 U Y Refer to RCW 39.04.320, which covers apprentice utilization on public works projects for r M detailed information. o v 0 Reciprocity: In accordance with RCW 39.04.380 any bidding process for public works in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. This does c not apply to public works procured pursuant to RCW 39.04.155, 39.04.280 or other procurement exempt E from competitive bidding. m a� a b) Prevailing Wage: Definition: Prevailing Wage is the hourly wage, usual benefits, and overtime, paid in the largest city in each N 0 county, to most workers, laborers, and mechanics. The rate is established by the Department of Labor and Industries for each trade and occupation employed in the performance of public work. If Federal funds are o used, bidders must comply with provisions of Davis-Bacon Act. U Y Basic procedures:A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed 0 and approved for the contractor and all subcontractors. No payments can be made until all M contractors/subs have submitted an approved intent form. KCDA cannot release retainage until all f° Contractors have an approved Affidavit of Wages Paid form certified by the Industrial Statistician. (RCW Q 39.12.030, 040, 042) Once the work is successfully completed, KCDA will release 95%of the project cost and withhold 5% retainage for 45 days as dictated by law. The final 5%will be paid when the following is completed: Receipt of approved Affidavit of Wages Paid Forms, Releases from Washington State Department of Labor& Industries, Employment Security Department and the Department of Revenue, and acceptance of project completion to the satisfaction of the KCDA ordering member. The cost of filing required Intents and Affidavits is the responsibility of the Contractor and may not be added as a line item charged to the member agency. All Intents and Affidavits must name the agency for whom work is being performed as the contract award agency, not KCDA. Packet Pg. 198 8.I.b Federally Funded Projects: In addition to the Federal Requirements of Section III, Housing and Urban Development (HUD)Terms and Conditions, Davis-Bacon prevailing wage requirements apply to public works construction contracts of$2,000 or more when a project includes any federal funding of any amount. When there is a difference between applicable state and federal prevailing wages for a particular classification of labor, contractors and subcontractors are required to pay the higher of the two prevailing wages. Applicable federal prevailing wage determinations can be found at https://sam.gov/content/wage-determinations. Contractors/Subcontractors must be knowledgeable and adhere to all federal prevailing wage requirements, including but not limited to paying workers weekly and providing certified weekly payrolls for the contractor o and subcontractors of any tier as required in the Davis-Bacon Act and applicable U.S. Department of Labor regulations. Falsification of any prevailing wage payroll records may subject the contractor or subcontractor Q to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code. Contractor shall inform all subcontractors of the Davis-Bacon requirements and the prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the 2M contract clauses. Contractor must coordinate all requirements related to federal funded projects with the J a� KCDA member Agency. c) Responsible Bidder o Before award,the bidder must meet the following state responsibility criteria and, if applicable, r_ supplemental responsibility criteria to be considered a responsible bidder.The bidder is required to submit c) L documentation demonstrating compliance with the criteria. ,o U Low Responsible Bidder A. State Responsibility Criteria.The Bidder must meet the following state responsibility criteria: o c� 1.At the time of bid submittal, have a current certification of registration in compliance a with chapter 18.27 RCW. v 2. Have a current Washington State Unified Business Identifier(UBI) number. 1 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 M or 39.12.065(3). v 4. If applicable: o a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State, as required in Title 51 RCW. b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and E c. Have a Washington State Department of Revenue state excise tax registration L number, as required in Title 82 RCW. Q 5. New bidder requirement. Certify that within the three-year period immediately preceding the bid solicitation date: v a.The bidder is not a "willful"violator, as defined in RCW 49.48.082, or any provision of chapter 49-46, 49.48 or 49.52 RCW. Q b.As determined by a final and binding citation and notice of assessment issued v Y by the department of labor and industries or through a civil judgement entered by a court of limited or general jurisdiction. c. As of July 1, 2019, WA Labor and Industries has required all businesses to have public works z U training before bidding and/or performing work on public works projects.This training requirement has been added to the responsible bidder criteria in RCW 39.04.350 and RCW 39.06.020. Awarding Q agencies are required to verify all contractors submitting bids meet this requirement before awarding the contract. 6. At the time of bid submittal, provide signed sworn statement in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder follows the new responsible bidder criteria requirement. 7. Supplemental Bidder Responsibility Criteria. If supplemental criteria apply to this project, Packet Pg. 199 8.I.b the criteria are included as "Exhibit A."The Bidder may make a written request to modify any or all the supplemental criteria. Modification of supplemental criteria shall be at KCDA's discretion. Any modifications to the supplemental criteria shall be made by addenda prior to bid opening. Subcontractor Responsibility The contractor shall include the language of this section in each of its first-tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. o The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution,the Contractor shall verify that each of its first-tier subcontractors Q meets the following bidder responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. 2M 2. Have a current Washington State Unified Business Identifier(UBI) number. J a� 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4. If applicable: o a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State, as required in Title 51 RCW. c) L b. Have a Washington State Employment Security Department number, as required ,o in Title 50 RCW; and U c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW o v 5. Have an electrical contractor license, if required by Chapter 19.28 RCW. a 6. Have an elevator contractor license, if required by Chapter 70.87 RCW. v Y Payment& Performance Bond: M The prime Contractor shall provide a Performance and Payment Bond at 100%of the contract price to the KCDA member with a copy to KCDA before work begins. The only exception is for o contracts of one hundred fifty thousand ($150,000)dollars or less. In this instance, at the option of the Contractor, the member may in lieu of the bond retain ten percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the Department of Revenue, Employment Security Department, and E the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 L RCW,whichever is later. The bond shall be issued by a surety company authorized to do a business in the State of Washington and shall be on standard forms used for public projects (RCW 39.08.010) and as directed by the KCDA member. Performance and Payment bonds for KCDA members outside Washington must be provided by Q 0 companies licensed to provide bonds for public entities in the member's state. c) Y Licenses The prime contractor shall possess and maintain in status all federal, state, and local z licenses, bonds, and permits required for the performance and delivery of all products r and services offered in its response to the bid solicitation. Before submitting a bid, Bidders must Q hold a current, valid contractor's license as required in Washington. The contractor's license must be in the name of the legal entity submitting and signing the bid. A Bidder may not substitute a contractor's license held by a subcontractor or joint venture. Bidders submitting bids in Washington State without a valid contractor's license in the name of the Bidder are in violation of RCW 18.27.020. It is the responsibility of the prime contractor to ensure any subcontractors performing under this contract holds and maintains appropriate licenses. Packet Pg. 200 8.I.b KCDA reserves the right to request copies of licenses at any time during the contract. Copies of licenses, upon request, must be submitted to the member prior to performing the work. The Contractor agrees to keep and ensure subcontractors keep any required license, permit or bond current and in compliance with Washington rules, regulations, and statutes, as well as in states outside Washington in which contractor performs work under this contract. For work performed for any Washington State school district, public agency or municipality, the Contractor must comply with the bidder responsibility requirements of RCW 39.04.350 prior to the KCDA member awarding a contract. The contractor must verify the responsibility of all N `o subcontractors used in accordance with RCW 39.06.020. Q d) Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the responsibility of the successful Contractor/Bidder. z aM e) Certificate of Insurance: A certificate of insurance demonstrating current coverage of the types and J a� amounts of insurance required by KCDA and the KCDA member must be provided to the KCDA member prior .a to performance of any work. In addition,the Commercial General Liability policies must be endorsed to name KCDA and the KCDA member as additional insureds. Such policies must be further endorsed to 0 provide that the insurance is primary as respects KCDA and the KCDA member, and that any other insurance maintained by KCDA and the KCDA member shall be excess and not contributing insurance with the c� L Contractor's insurance.These endorsements must be provided along with the certificate of insurance. The ,o KCDA member must both approve the certificate of insurance and endorsements. U L f) Acceptable Pricing Method: o U KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, (i.e. sole Q source) in which KCDA and Vendor may mutually determine the Alternative Costing Method is acceptable. v This will be the exception rather than the rule. RS Means or line-item bid pricing is acceptable 1 r M O O g) Progress Payments: The Contractor shall be paid, upon submission of a proper Payment Request,the prices stipulated herein for work performed (less deductions, if any), in accordance with all payment and retainage instructions herein. Submitted Payment Requests must contain the following minimum information: E a. Contract Number m L b. Bid item ID, bid quantity, unit, unit price and description as appropriate Q c. Sales Tax as applicable The Payment Request will be reviewed by the Member before payment is made. If the Member disagrees with the Payment Request, KCDA will issue a notice requesting a revised Payment Request. Z Q KCDA, at its discretion, reserves the right to withhold payment on a given project, pending receipt of v Y payment from the customer. a� In accordance with RCW 51.12.050, KCDA reserves the right to deduct from the payment any outstanding z industrial insurance premiums owed by the Contractor or Subcontractors. r Q h) Payment Retainage: In accordance with RCW 60.28 contract retainage [not to exceed five percent of the moneys earned by the contractor toward completion of a public improvement contract] shall be withheld and reserved in one of two ways: a. As a trust fund for the protection and payment of 1)the claims of any person arising under the contract, and 2)the state with respect to taxes imposed pursuant to Titles 50, Packet Pg. 201 8.I.b 51 and 82 RCW which may be due from such contractor. Upon completion of a contract, the member agency shall notify the Department of Revenue,the Employment Security Department, and the Department of Labor and Industries of the completion of contracts over one hundred fifty thousand dollars. KCDA will issue payment on the retainage amount forty-five days after notice from the KCDA Member Agency that the contract has been accepted as complete or upon receipt of all necessary releases, whichever is later. b. Option of providing retainage bond for the full amount of the retainage(5%of the contract amount with a performance bond).This bond is separate from the o performance bond under RCW 39.08.10. Providing a retainage bond means no retainage is withheld. If you choose to provide a retainage bond a copy of the bond ' Q must be submitted. a, c z a� i) FORCE MAJEURE _J Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default under this contract, if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control or responsibility o of the party affected and occurs without its fault or negligence, including, but not limited to the following: acts of God; acts of the public enemy; war; riots; strikes; industry-wide labor disputes; civil disorders;fire; c) flood; snow; earthquakes; tornadoes or violent winds; hail storms; lockouts; injunctions-intervention-acts, or ,o failures or refusals to act by government authority; and other similar occurrences beyond the control or U responsibility of the party declaring force majeure, which such party is unable to prevent by exercising r reasonable diligence. The force majeure shall be deemed to commence when the party declaring it notifies v the other party of the existence of the force majeure and shall be deemed to continue if the results or Q effects of the force majeure prevent the party from resuming performance in accordance with the contract. v The party receiving the notice of force majeure may contest the declaration of a force majeure. Force Y majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer's M plant or elsewhere, an oversold condition of the market, inefficiencies, internal labor disputes, or similar occurrences. If either party is delayed at any time by force majeure,the delayed party shall notify the other o party in writing of such delay within forty-eight(48) hours. I. PRICING c IFB-The bidder shall submit pricing on the Pricing Pages included or on Attachment B in this IFB. Vendor bid pricing E shall include a 2%administrative fee on all line items and charges.The administrative fee must be part of the bid price. If you are bidding a catalog price less a discount, make sure the administrative fee is included in the net price t to the member agency. Pricing must include the 2% KCDA service fee so the service fee is invisible to KCDA m members. N For all Sport court field lighting and services, pricing may be by line item or discount off manufacturer price list o (Attachment B). Accessories and materials may be from other manufacturers or sources but must be identified and Y priced in the IFB response either by item or via catalog discount. On the pricing sheet, list and group accessories and materials by manufacturer for ease of identification. Respondents will choose only one pricing method to be used per manufacturer.Alternative pricing methods shall be addressed in Attachment B. Proposals received that E z provide both for a single manufacturer will be found non-responsive. r Q Fixed prices shall be firm until each anniversary date of contract, unless there is an occurrence of one or more economic price adjustment contingencies outlined in the bid. If price adjustment contingencies occur, or not less than ninety(90) days prior to each contract anniversary date, awarded vendor may submit a fully documented request for price adjustment to KCDA. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of bid submittal and results from an increased cost to awarded vendor that was out of awarded vendor's control. Packet Pg. 202 8.I.b KCDA will review requests for fixed price adjustments to determine if the new prices or another option is in member agencies' best interests. If accepted, new fixed prices shall apply to the contract upon approval from KCDA. Price changes shall be a factor in contract renewal. The awarded vendor agrees that the cost for any item bid on this contract may vary by state due to specific requirements or other jurisdictional impacts. If the overall cost is discounted or lowered for any member agency, however,the cost will be similarly lowered or discounted at the same time for all member agencies for the same scope, size, and value. (If a KCDA member agency proposes to purchase a large volume of one product at one time and the awarded vendor agrees to provide an additional discount, that same volume discount would be available to 0 any KCDA member agency.) Q It is understood and agreed upon between Bidder and KCDA that the Bidder's pricing does not include the cost for any site-specific conditions or requirements. Site specific requirements shall be addressed on a case-by-case basis at the time the order is placed. Any additional cost(s) are to be priced by methods designated under"Options", or by a, RS Means, as indicated in bidder's response to this solicitation. J a� Warranty: Describe the warranties that apply to the products offered in the IFB response and when warranty date W will commence. Identify any website links that cover warranty information. The manufacturer has the primary 0, responsibility to honor a manufacturer' warranty. Awarded vendor agrees to assist the member agency reach a solution in a dispute with the manufacturer over a warranty's terms. Any extended manufacturer's warranty will be ci passed on to the member agencies. List any pricing applicable to warranties in Attachment D of the IFB response. ° U L O U Risk of Loss or Damage: Awarded vendor shall retain title and control of all goods until they are delivered and o received. All risk of transportation and all related charges shall be the responsibility of the awarded vendor. The Y awarded vendor shall file all claims for visible or concealed damage. The member agency will notify the awarded r M vendor and/or freight company promptly of any damaged goods and shall assist the freight company/awarded v vendor in arranging for inspection. No F.O.B. vessel, car or other vehicle terms will be accepted. o c Taxes: Member agencies, who have obtained Bid#23-406 Sport Court and Field Lighting under the terms of this m E contract, will be responsible for payment of all taxes related to acquisition of the Bid#23-406 Sport Court and Field a) Lighting such as sales tax, property tax, etc. Awarded vendor must separately list all such taxes on member proposal a and subsequent invoice. , Q 0 U Y J. FUNDING OUT CLAUSE Any acquisition agreement with a KCDA member agency that exceeds one (1)year shall include a standard "funding E out" clause. Such an acquisition is a commitment of the entity's current revenue only, provided the agreement U contains either or both of the following provisions: Q 1.Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the agreement. 2.Conditioned on a best effort attempt by the entity to obtain appropriate funds for payment of the acquisition. Packet Pg. 203 8.I.b K.AUTHORIZED DEALERS/VENDOR PARTNERS The bidder must secure from the manufacturer, if the bidder is not the manufacturer, a written guarantee executed by the manufacturer that the bidder is an authorized dealer of that manufacturer.This can be submitted as a Manufacturers Guarantee/Manufacturers Certificate, or a statement on the manufacturer's letterhead with corporate acknowledgement. Failure to provide will result in award disqualification for that manufacturer. Bidder may propose a network of authorized dealers/vendor partners through whom the bidder intends to perform the contract. Member agencies may be directed to bidders' network of authorized dealers/vendor partners for o Sports Field Court Lighting; however, the awarded vendor shall be responsible for the actual job performance of each authorized dealer/vendor partner.This includes but is not limited to proper ordering process and reporting, or Q submittal of 2%service fee. Unresolved problems with the authorized dealer/vendor partner may be referred to the awarded vendor for resolution. Bidders are to identify and list each of the authorized dealers/vendor partners they intend to involve in contract performance. 2M J N Awarded vendor must be capable of replacing authorized dealers/vendor partners found unsuitable to participate in W performance on the KCDA contract and establish new authorized dealers/vendor partners in a timely manner. o c c) L 0 During the contract period,the awarded vendor or purchasing agent may remove an authorized dealer/vendor U partner from the list of those designated to this contract at any time without further explanation or process.The awarded vendor may propose authorized dealer/vendor partner additions for consideration at any time throughout v the contract provided. a 0 U • The request is in writing on awarded vendors letterhead. Y • It is filed with the Purchasing Agent a minimum of 30 calendar days before the effective date of the r, proposed change. • It clearly identifies the authorized dealers/vendor partners involved in the change. 0 • It is accompanied by documentation acceptable to the Purchasing Agent sufficient to warrant the change. 3 c m E m L.AWARD a� 1. Evaluation Q L It is the intent of KCDA to award a manufacturer's complete line of products based on the specifications provided when possible and advantageous. KCDA expects to award to the lowest responsive and responsible bidder per unique manufacturer specifications that meet IFB terms, conditions, and criteria Q specified. An award is at the sole discretion of KCDA. KCDA reserves the right to reject any or all proposals, U accept the proposal(s)that are deemed most advantageous for KCDA member agencies, and waive any Y irregularities in the solicitation process. a� E z U 2 Awarded vendors will be required to turn in updated specifications for the manufacturers awarded. Q Packet Pg. 204 8.I.b The following criteria will be used in evaluating responses to this IFB. An award is anticipated to be made to a bidder with the highest rating per manufacturer product line. Subsequently, multiple awards may be made. Evaluation Criteria and Weight Proper submission of proposal 10 N L Comprehensiveness of product 0 and services provided 10 Q Related Experience 15 c Pricing 50 Presentation of full and a' J complete product offering that can meet variety of member 15 agencies requirements/timeline. TOTAL POSSIBLE POINTS 100 L) L 0 V Clarification and/or Discussions r Clarification of a response may be necessary. KCDA will communicate with the bidder(s)for the purpose of o eliminating minor errors, clerical errors, and/or irregularities. Clarification is accomplished by explanation or v substantiation, either in response to an inquiry from KCDA or an inquiry initiated by a bidder. Clarification does not v give a bidder the opportunity to revise, change or modify their response in any way. Discussion takes place after the 1 initial receipt of proposals. KCDA reserves the right to conduct discussions with bidders whose responses are r determined to be reasonably inclined toward receiving a contract award. Discussion may occur when oral or written v communications between KCDA and the bidder are conducted for the purpose of clarifying information to determine the acceptability of a response. KCDA will not assist the bidder in bringing the bidder's response to the N same level of other responses received by KCDA. Further, KCDA will make no indication of pricing or other ' information received from other bidders. +; c m E m m Competitive Range: KCDA reserves the right to establish a competitive range of acceptable responses as part of the evaluation process as defined herein. Responses below the competitive range will be determined to be Q L unacceptable and will not receive further consideration. N Q M. ORDER PROCESS& REPORTING V 1. The awarded vendor must verify that a customer is a KCDA member. A current list of member agencies is Y posted on the KCDA website under the KCDA Membership tab. If the awarded vendor's customer is not posted on the KCDA website, the awarded vendor must verify membership with the KCDA Contract Specialist. If the E customer is not a member agency, but is eligible to become a member agency, the Contract Specialist will give U r the awarded vendor's customer instructions regarding the membership process. Q 2. The awarded vendor will submit a signed and dated proposal or quote to KCDA member in accordance with the pricing awarded under this IFB. All Sports Field Court Lighting purchased must include the KCDA 2%service fee as a part of the price to the member agency. Do not list the 2%as a separate line item. The awarded vendor must specifically state the KCDA IFB name &#on the proposal to the KCDA member. The proposal must identify the member contact name, e-mail address and phone number for the person responsible for approving the purchase.This information is critical and if not provided may be grounds for delaying the processing of the order as well as eventual payment to vendor. Packet Pg. 205 8.I.b 3. The KCDA member will send a copy of their PO made out to KCDA and a copy of the vendor quote to the Contract Specialist designated on the Awarded Contracts page. Upon KCDA's verification of membership and pricing, KCDA will create and forward a KCDA Purchase Order to the designated point of contact at the vendor. The Contract Specialist will request additional information, such as scope of work and item/part number along with pricing for each line item as needed. Failure to provide adequate evaluation information may result in delay of approval by Contract Specialist. 4. A copy of the order will be kept on file at KCDA. N L O 5. Orders processed against this contract with customers who are not KCDA member or a without e-mailed approval from KCDA are in violation of IFB#23-406 Awarded vendors not following , proper procedures may be removed from consideration for future awards. KCDA reserves the right to revise the ordering process above at their sole discretion if deemed necessary for contract management or audit purposes. An implementation for change will be coordinated with the awarded vendor. as a� N. CHRISTIAN DOCTRINE Any federal, state, and local governing authority's/jurisdiction's statutes, codes, rules, and regulations referenced and/or govern the products, services and activities relating to and are part of this solicitation, whether or not physically noted or included, shall be complied with and adhered to as required. It is sole responsibility of the Bidder to perform and complete any necessary research and investigation required to make v themselves aware of and comply with this item. L 0 .r Signature O Must be same signature that appears on Bid Affidavit and Acceptance Forms v Q 0 U Y r M O O v N 7 C N E N d L a L r CM C Q V Y c a� E t v ca Q Packet Pg. 206 8.I.b ATTACHMENT X— Deviations and Miscellaneous Fees Bid#23-406 Sport Court and Field Lighting 1. Product I Order Specific Specifications Bidders must check either the "Comply" or "Deviate" column for each inspection item. All N deviations shall be noted and explained below. `o Item Description Tier One Comply Deviate Q 1.1. Units must be a new, unused model and current production. No reconditioned or used equipment will be accepted. All equipment and accessories cataloged as standard shall be X M included as part of this specification. a� 1.2. The Member Agency will have access to a full inventory of the awarded product line; multi-line vendors must inventory at X least most categories listed in the bid. c) L 1.3. Awarded vendors) shall maintain a minimum monthly overall average fill rate of 95%or above. Items that are reordered, X i backordered, or partially filled are not considered filled items o when calculating this service level. c) a 1.4. Orders must be confirmed with member within 48 hours after X Y receipt of an order 90%of the time. r M 1.5. Awarded vendors) must be a manufacturer's authorized sales and service dealer for all proposed equipment/software.An o authorized sales and service dealer is defined in this solicitation as one purchasing their products for resell directly from the manufacturer(s) or the manufacturer's approved channels. X Products that result from new authorized sales and service E dealer arrangements between the awarded vendor(s) and the m manufacturer during the term of this contract may be added a and offered through the KCDA contract. m 1.6. All charges and components necessary for performance of the contract shall be clearly identified even if such are not X Q specifically addressed in any paragraph or sub-paragraph or L) U form that is a part of this request. Y 1.7. If the awarded vendor(s) intends to utilize independent E agents/distributors, subcontractors and/or third-party agents to perform and/or provide any part of the products and services X offered herein,the awarded vendor(s) must identify all Q providers and any and all associated costs with these providers. ATTACHMENT X—Deviations and Miscellaneous Fees Page 1 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 207 8.I.b Item Description Tier One Comply Deviate 1.8. Optional services must be identified separately and must include clear descriptions of proposed services. X 1.9. Awarded vendor(s) must be able to supply paper catalogs where requested.The catalog shall have a cover label indicating that the catalog's contents are available through the participating Member Agency and the KCDA contract.The label X shall identify the KCDA contract number, discount level(s) and N `o any special ordering instructions. 1.10. Awarded vendor(s) must maintain a toll-free technical support Q line open 8 a.m. Pacific Time zone until 5 p.m., Pacific Time X zone, Monday through Friday. z aM 1.11. Awarded vendors) shall provide a Material Safety Data Sheet W (MSDS)for all items sold, if required. A separate sheet shall be X -a provided for each individual item when purchase is made. c 0 c 1.12. Awarded vendors) shall reference item part numbers for all Lj items on quotes for specific work. X `0 Jq E 1.13. Awarded vendor(s) provide site survey, analysis, consultation, and recommendation to member to enhance the project for the X member agency. Lj a 1.14. Does vendor have workable e-commerce website that they can U post the KCDA contract items and provide link for KCDA X Y webpage? M 0 v 0 2. Products&Services I Equipment,Analysis, Reporting, Installation, Maintenance, &Repair N Bidders must check either the "Comply" or "Deviate" column for each inspection item. All deviations shall be noted and explained below. m Item Description Tier Two Comply Deviate 2.1. Sport Court Lighting products and services shall be ordered on 0 a� an as needed basis throughout the term of the contract. X Q L 2.2. Awarded vendor is responsible for complete installation including installation of Steel poles, LED luminaire bulbs, Pole Q 0 foundations, Control System, Electrical systems and configuring X U software.This shall be in accordance with the manufacturer's requirements and pursuant to all applicable federal, state, and local code, safety, and other rules, regulations, and laws. 2.3. Personnel in charge of the installation must be available to coordinate installation with member agency's internal staff in X Q charge of the member's network and IT services. ATTACHMENT X—Deviations and Miscellaneous Fees Page 2 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 208 8.I.b Item Description Tier Two Comply Deviate When network connection is planned, Vendor shall assure coordination with the customer's systems support or information services staff and shall confirm that ordered unit is properly configured to assure successful integration with customer's existing network. 2.4. Equipment, including all accessories and software, supplied through this contract shall be capable of continuous operation. N Therefore, awarded vendor shall guarantee that all contract 0 equipment will be operational at least 98% of normal business hours. Equipment that develops a trend of requiring an Q X excessive number of service calls shall be reported by the member agency to the awarded vendor. Awarded vendor and z member agency should work together to identify an acceptable °' J resolution of the machine's performance problems. The resolution will be what is most advantageous to the member :2 agency. 2.5. In the case of equipment or services needing repair, >°, requirements and arrangements for loaner equipment will be v made between the awarded vendor and member agency.The X L 0 resolution will be what is most advantageous to the member E U agency. i 2.6. Member agencies shall be afforded the option to move or o transfer contract equipment and services from one agency U location to another agency location as deemed necessary. For p member agency self-moves,the awarded vendor must be Y notified prior to relocating equipment.The member agency will be responsible for repairs required for damage that o occurred during the transfer.Awarded vendor shall be notified of the move to ensure continued maintenance service and X c°� accurate record keeping. Alternately member agency may elect to have the awarded vendor move the equipment and services and pay a move and E set-up fee.The awarded vendor will provide a moving price prior to the move and hold the price firm. No other fees apply, a L and the awarded dealer is responsible for repairs required following such transfer. 2.7. Maintenance is offered to maintain contract equipment and Q services at performance levels equal to or greater than the U performance specified and published by the manufacturer or Y the specifications. • Awarded vendor must indicate types if maintenance options X E available and services. z • Awarded vendor offers pricing for maintenance on all Q equipment and services under the contract. Awarded vendor must include hourly rates (and all fees such as travel, hardware, software)for after hours, nights, and weekends. ATTACHMENT X—Deviations and Miscellaneous Fees Page 3 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 209 8.I.b Item Description Tier Two Comply Deviate 2.8. All installation, maintenance, and repair shall be done by personnel knowledgeable,trained, and certified. X 2.9. Awarded Vendor shall provide training and consultation about the interactive technology equipment and services.This training shall include all member personnel who are involved with the use of these systems.Awarded vendor indicates amount of training provided at no charge and per hour charge X N N L for additional training. 0 • Equipment and software training. Q • In person and online training. • Technical and maintenance training. z a� J (D 3. Response Times I Emergency&Technical Services Bidders must check either the "Comply' or "Deviate" column for each inspection item. All R deviations shall be noted and explained below. 0, c Item Description Tier Three Comply Deviate c) L 3.1. Emergency Services and emergency technical services shall be ,° available 24 hours a day/7 days a week to minimize system X downtime. r c 0 3.2. v Remote or telephone technical support will be provided within X o thirty minutes at no additional cost to the Member Agency. Y 3.3. If on-site emergency repairs are requested, the technician shall X M arrive on site within four hours. v 3.4. Awarded vendor allows for high level of planning toward future 0 expansion, while examining the requirements of long-term X 3 maintenance and service of these systems. M c m E (Continued on Next Page) L Deviations Continued: Q L INSTRUCTIONS: 1. If"no" is checked below, complete this form by signing it at the bottom. o 2. If"yes" is checked below,either insert answers into this form or create a Microsoft Word table format Y to provide narrative explanations of exceptions. If adding pages, the bidder's name and identifying information as to which item the response refers must appear on each page. 3. Scan this form plus any attachments into a single PDF document. z 4. Title the file "Part D- Deviations." cva r S. Exceptions to local, state or federal laws cannot be accepted under this bid. Q ATTACHMENT X—Deviations and Miscellaneous Fees Page 4 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 210 8.I.b ❑ NO, this bidder does not have deviations (exceptions or alternates)to the specifications listed in Parts C& D. X❑ YES,this bidder has the following deviations to the specifications listed in Parts C&D. Outline Specification (describe) Details of Deviation (Pg. & Form) d pg.2,Item 1.8 Optional services No optional services proposed O Not applicable-Musco Sports Lighting provides an Pg.2,Item 1.9 Supply paper catalogs Q engineered to orders stem,custom design build situtaion. Not applicable-Musco Sports Lighting provides an , pg.2,Item 1.12 Reference item part numbers engineered to order system,custom design build situtaion. p1 Not applicable-Musco Sports Lighting provides an pg.2,Item 1.14 E-commerce website t g engineered to order system,custom design build situtaion. Not applicable-Musco Sports Lighting provides an J Pg.3,Item 2.5 Arrangement for loaner equipment en ineered to order system,custom design build situtaion. 4) i31 pg.3,Item 2.7 Maintenance is offered to maintain contract equipment Maintenance per the terms of Musco's warranty document. lY . Maintenance per the terms of Musco's warrant document. = I g 4,Item 3.3 On-site emergency repairs p )' O _ V L O W V L _ �O♦ V a V CD M Signature: Z� v O Print Name: Jeff McNulty ***Must be some signature that appears on Bid Affidavit and Acceptance Forms *** r a� E m d L a L W C� G a 0 Y r _ d E t v to r a ATTACHMENT X—Deviations and Miscellaneous Fees Page 5 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 211 8.I.b KC0PURCHASING COOPERAT/VE 18639-80TH Ave S. •P.O.Box 5550• Kent,WA 98064-5550•Phone 425-251-8115• Fax 253-395-5402•www.kcda.org Uniform1 ' Certification Form 2 CFR Part 11 When a purchasing agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This N includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost 0 Principles and Audit Requirements for Federal Awards, 2 CFR 200, referred to as the "Uniform Guidance" or new "EDGAR". All Respondents submitting proposals must complete this EDGAR Certification form regarding the Q Respondent's willingness and ability to comply with certain requirements, which may apply to specific agency purchases using federal grant funds. a� J For each of the items below,the Respondent will certify its agreement and ability to comply,where applicable,by having the Respondent's authorized representative check, initial the applicable boxes, and sign the -a acknowledgment at the end of this form. If a Respondent fails to complete any item of this form, KCDA will consider and may list the response, as the Respondents are unable to comply. A "No" response to any of the 0, items below may influence the ability of a purchasing agency to purchase from the Respondent using federal funds. v L q Violation of Contract1 Conditions U Provisions regarding Respondent default are included in KCDA's terms and conditions. Any contract award will r be subject to such terms and conditions, as well as any additional terms and conditions in any purchase order, v ancillary agency contract, or construction contract agreed upon by the Respondent and the purchasing agency, Q which must be consistent with and protect the purchasing agency at least to the same extent as KCDA's terms v and conditions. The remedies under the contract are in addition to any other remedies that may be available Y under law or in equity. r M O Termination1 of Convenience For a participating agency purchase or contract in excess of$10,000 made using federal funds, you agree that N the following term and condition shall apply: 3 The participating agency may terminate or cancel any purchase order under this contract at any time, with or without cause, by providing seven (7) business days in advance written notice to the Respondent. If this E agreement is terminated in accordance with this paragraph, the participating agency shall only be required to pay Respondent for goods and services delivered to the participating agency prior to the termination and not Q otherwise returned in accordance with the Respondent's return policy. If the participating agency has paid the g Respondent for goods and services provided as the date of termination, Respondent shall immediately refund such payment(s). Q 0 If an alternate provision for termination of a participating agency's purchase for cause and convenience, Y including how it will be affected and the basis for settlement, is in the participating agency's purchase order, ancillary agreement or construction contract agreed to by the Respondent, the participating agency's provision shall control. M U r Equal1 1 Opportunity Q Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contract that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by King County Directors' Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 212 8.I.b Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." Respondent will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of o age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to Z nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, a Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 E W and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, n rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which 0 application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s)which may apply to the application. c 0 The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. v Respondent agrees that such provision applies to any participating agency purchase or contract that meets the `o definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 and Respondent agrees that it shall comply with such provision. i c DavisC . b. U When required by Federal program legislation, Respondent agrees that,for all participating agency contracts for o the construction, alteration, or repair (including painting and decorating) of public buildings or public works, in Y excess of$2,000, Respondent shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to r, Contracts Covering Federally Financed and Assisted Construction"), the Copeland Act (40 U.S.C. §276c and 18 v U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333) regarding labor 0 standards for federally-assisted construction subagreements. In accordance with the statute, Respondent is 3 required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specific in a wage determinate made by the Secretary of Labor. Also, Respondent shall pay wages not less than once a week. aD E Current prevailing wage determinations issued by the Department of Labor are available at https://sam.gov/content/wage-determinations. Respondent agrees that, for any purchase to which this Q requirement applies,the award of the purchase to the Respondent is conditioned upon Respondent's acceptance of wage determination. As this Project is also subject to Washington Prevailing Wage requirements, Respondent N and its Subcontractors of all tiers must pay the higher of the two wages (Prevailing and Davis-Bacon) when they are not the same. Q 0 U Respondent further agrees that it shall also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as Y supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act E provides that each construction completion, or repair of public work,to give up any part of the compensation to U which he is otherwise entitled under his contract of employment, shall be defined under this titled or Q imprisoned not more than five (5)years,or both. StandardsContract Work Hours and Safety Act Where applicable, for all participating agency purchases in excess of$100,000 that involve the employment of mechanics or laborers, Respondent shall comply with Sections 102 and 107 of the Contract Work Hours and King County Directors'Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 213 8.I.b Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 Y2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. N Right1 Inventions Made1 1 or Agreementt If the participating agency's federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) a and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance or experiments, developmental or W research work under the "funding agreement," the recipient or sub-recipient must comply with the LM requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business i Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations 0 issued by the awarding agency. c 0 Clean Air Act 1 Federal Water Pollution 1 Control Act c Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as M amended, contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the `o non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the c Environmental Protection Agency (EPA). When required, Respondent agrees to comply with all applicable 0 standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control o Act. v Y Debarment and SuspensionM 0 Debarment and Suspension (Executive Orders 12549 and 12689), a contract award (see 2 CFR 180.222) must v not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM),in 0 accordance with OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. 3 p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible c under statutory or regulatory authority other than Executive Order 12549. Respondent certifies that the E Respondent is not currently listed and further agrees to immediately notify KCDA and all participating agencies L with pending purchases or seeking to purchase from the Respondent if Respondent is later listed on the Q government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under state statutory or regulatory authority other than Executive Order 12549. Respondent will n comply, and shall assist the Client and KCDA in complying,with the provisions of all applicable acts, regulations and assurances; the following provisions of Education Department General Administrative Regulations (EDGAR) o 34 CFR parts 76, 77, 81, 82, 84, 97, 98, and 99; the OMB Guidelines to Agencies on Governmentwide Debarment Y and Suspension (Nonprocurement) in 2 CFR part180,as adopted and amended as regulations of the Department in 2 CFR part 3485; and the Uniform Guidance in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474. E Byrc� r 1 Anti-Lobbying A 1 Q Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), Respondents that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 King County Directors'Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 214 8.I.b U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Procurement of Recovered Materials For participating agency purchases utilizing Federal funds, Respondent agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. See 2 CFR 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the 1 highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of o competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that a maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. E z aM Profitp, of J For purchases using federal funds in excess of $250,000, a participating agency may be required to negotiate a) profit as a separate element of the price. See 2 CFR 200.324(b). When required by a participating agency, :2 W Respondent agrees to provide information and negotiate with the participating agency regarding profit as a c separate element of the price for a particular purchase. However, Respondent agrees that the total price, including profit, charged by the Respondent to the participating agency shall not exceed the awarded pricing, v including any applicable discount,under the Respondent's contract with KCDA. `o ParticipatingGeneral Compliance with . • M L In addition to the foregoing specific requirements, Respondent agrees, in accepting any purchase order from a c participating agency, it shall make a good faith effort to work with a participating agency to provide such 0 information and to satisfy requirements as may apply to a particular purchase or purchases including, but not o limited to, applicable record keeping and record retention requirements as noted in the Federal Acquisition Y Regulation,FAR 4.703(a). r M O O v N 3 C O E d d L a L CD C� C Q U Y c d E t ca r Q King County Directors' Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 215 8.I.b By below complete and accurate and that I am authorized by my business to make this certification and all consents and agreements contained herein. Responden Respondent YES, I agree or 1 I do NOT 1. Violation of Contract Terms and Conditions Yes M N •L 0 2. Termination for Cause of Convenience Yes r Q 3. Equal Employment Opportunity Yes Al c r 4. Davis-Bacon Act Yes J 5. Contract Work Hours and Safety Standards Act Yes 6. Right to Inventions Made Under a Contractor Agreement Yes o 7. Clean Air Act and Federal Water Pollution Control Act Yes .3 v L 8. Debarment and Suspension Yes c� 9. Byrd Anti-Lobbying Amendment Yes 5 c U 10. Procurement of Recovered Materials Yes M o U 11. Profit as a Separate Element of Price Yes , N) r 12. General Compliance with Participating Agencies Yes CD 0 U 0 Musco Sports Lighting, LLC Name of Business E m L J � a L 5i at re of Author zed Representative 0 Jeff McNulty Q 0 Printed Name U Y c 11 2 2022 E Date ca Q King County Directors' Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 216 8.I.b F DATE(MM/DD/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE I 06,26,2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Central, Inc. PHONE FAX Omaha NE office (A/C.No.Ext): (402) 697-1400 (A/C.No.): (402) 697-0017 N L 17807 Burke Street E-MAIL O Suite 401 ADDRESS: Omaha NE 68118 USA +' INSURERS)AFFORDING COVERAGE NAIC# O Q INSURED INSURER A: Sentry Insurance A Mutual Company 24988 ' Musco Sports Lighting, LLC INSURER e: Sentry Casualty Company 28460 c/o Musco Corporation +, 100 1st Ave w INSURER C: Indian Harbor Insurance Company 36940 Oskaloosa IA 52577 USA INSURER D: Travelers Property Cas Co of America 25674 J INSURER E: (D INSURER F: COVERAGES CERTIFICATE NUMBER: 570082597162 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD O INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested to INSR TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS V LTR INSD WVD MM/DD/YYYY MM/DD/YYYY L A X COMMERCIAL GENERAL LIABILITY 1 77 4 7 0710112021 EACH OCCURRENCE $1,000,000 �O CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED $300,000 PREMISES Ea occurrence MED EXP(Any one person) $10,000 i a+ PERSONAL&ADV INJURY $1,000,000 C GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 V PRO- POLICY �JECT �LOC PRODUCTS-COMP/OP AGG $2,000,000 Q OTHER: U A AUTOMOBILE LIABILITY 90-16877-03 07/01/2020 07/01/2021 COMBINED SINGLE LIMIT $1,000,000 Y Ea accident , X ANYAUTO BODILY INJURY(Per person) r OWNED SCHEDULED BODILY INJURY(Per accident) O AUTOS ONLY AUTOS X HI RED AUTOS X NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident O V D ZUP61M9917720NF 07/01/2020 07/01/2021 to X UMBRELLA LIAB H OCCUR EACH OCCURRENCE $15,000,000 7 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED I X RETENTION$10,000 B WORKERS COMPENSATION AND 901687701 07/01/2020 07/01/2021 X PER STATUTE I OTH- ER E EMPLOYERS'LIABILITY Y/N AOS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 B OFFICER/MEMBER EXCLUDED? N N/A 901687702 07/01/2020 07/01/2021 d L (Mandatory in NH) AZ, WI E.L.DISEASE-EA EMPLOYEE $1,000,000 cm If yes,describe under Q DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000—_ L C Archit&Eng Prof CEo7421139 07/01/2020 07/01/2021 Aggregate $5,000,000— 4) Claims-Made SIR $250000 4�V) SIR applies per policy ter s & conditions Each Claim $5,000:000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) K Q Re: Cooperative Purchase Agreement. i Q King County Director's Association and its members are included as Additional Insured in accordance with the policy provisions () of the General Liability policy. General Liability evidenced herein is Primary and Non-Contributory to other insurance 41 4 Y available to an Additional Insured, but only in accordance with the policy's provisions. r � E c CERTIFICATE HOLDER CANCELLATION .:r Q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE s EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r King County Director's Association AUTHORIZED REPRESENTATIVE 18639 80th Ave. South Kent WA 98032 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 217 8.I.b a� N �L O Q J N C O C Cu U L O V 3. Pricing Pages r c O U Q 0 U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v 0000 Q MUSCo., Packet Pg. 218 King County Director's Association Bid Pricing Bid#23-406 Sport Court and Field Lighting Manufacturer: Musco Sports Lighting,LLC Address: 100 1st Avenue West,PO Box 808 City,State,Zip Code: Oskaloosa,IN 52577 Contact: Amanda Huch ut r Phone: 800-825-6030 � Fax: 641-672-1996 ++ Email: musco.contracts@,musco.com - J All prices are stated in USD.Lighting system pricing stated below includes lighting system materials,lighting design,design consultant services,installation per the specification of this bid and delivery within the State of Washington to the job site.Additional freight maybe incurred outside of the State of Washington. Terms:Net 30 days upon delivery Light-Structure System'"with Total Light Control-TLC for LEDTM technology includes poles,precast concrete bases,LED fixtures,luminaire assemblies,electrical component enclosure and wire harnesses. Light-Structure System'"with Total Light Control-TLC for LED-technology pricing includes 25-year product assurance&warranty program and Control-Link'Control&Monitoring package. E SportsCluster°System with Total Light Control-TLC for LEDTM technology includes LED fixtures,luminaire assemblies,electrical component enclosures and wire harnesses(does not include poles and precast contract bases). r_ SportsCluster"System with Total Light Control-TLC for LEDTM technology pricing includes 10-year product assurance&warranty program and Control-Link"Control&Monitoring package.The Constant 10'"warranty is contingent upon a site inspection. O Football ft'S ee for Light-Swemre TL Price ror SportsCluster Average Price ror Light-Swemre TL Price ror SpC omuster Average Maintained Grid Pel Grid Avg kW V Field Size Pole Setback Uniformity Grid Points Avg kW per hour LED Materials and TLC-LED Materials and Maintained Uniformity Grid Spacing LED Materials and TLC-LED Materials and � Light Level Spacing I -ham per spec Installatov per Spec Light Level Points per hour matananon per spec Inetallafiov per Spec 0 w 360'x 160' 50' 30 fc 2.5:1 30'x 30' 72 28.00 $244,544 $179,995 50 fc 2.0:1 30'x 30' 72 44.64 $321,589 $238,510 ++ 360'x 160' 80, 30 fc 2.5:1 30'x 30' 72 33.20 $280,708 $195,429 50 fc 2.01 30'x 30' 72 50.36 $360,968 $262,111 R 360'x 160' 100, 30 fc 2.5:1 30'x 30' 72 33.20 $314,167 $195,752 50 f, 2.0:1 30'x 30' 72 49.32 $390,521 $262,811 >_ 360'x 160' 120' 30 f, 2.5:1 30'x 30' 72 33.20 $315,229 $196,408 50 f, 2.0:1 30'x 30' 72 54.00 $409,270 $276,649 r C Soccer U U Price for Light-S"ctace TL Price for SportsCluster Average Nice for SporsCluster Q Field Size Pole Setback Average Maintained Uniformity Grid Grid Points Avg kW per hour LED Materials and TLC-LED Matelots and Maintained Uniformity Grid Spacing Grid Avg kW Nrice ror LED Materials and TLC-LED Materials and Light Level Spacing installation 3 Installation S Points per hour Installation per Spec installation aI per Spec per pee Light pE1'N� 330'x 195' 30' 30 fc 2.5:1 30'x 30' 77 23.40 $217,391 $144,939 50 fc 2.0:1 30'x 30' 77 40.04 $281,161 $207,460 Y 360'x 210' 30' 30 fe 2.5:1 30'x 30' 84 26.52 $226,227 $153,831 50 f, 2.0:1 30'x 30' 84 45.76 $316,114 $230,173 .. 360'x 225' 30' 30 fc 2.5:1 30'x 30' 96 30.16 $241,971 $168,951 50 fc 2.0:1 30'x 30' 96 5 L48 $353,702 $251,781 r M Baseball/Softball C T2.5:1/3.0:1 Price for Light-Shucture TL Price for SprtsCluster PrceforLight-ShuctureTL Price for SprtsClsterField Type Field Sme LED Mterials and TLC-LED Maeriak avd LED Materials and TLC-LED Materials avd 0Uniformity Grid Grid Points Avg kW per hour Installation per Spec Installatov per Spec (Inf/Out) Uniformity Grid Spacing Grid AvgkW Ivstalletov per Spec rvstallafiov per Spec U S acin Points er hour60'Base Path 200' 2.5:1/3.0:1 20'x 20' 25/71 12.82 $172,886 $113,493 50130 2.0:1/2.5:1 20'x 20' 25/71 21.12 $211,835 $145,346 60'Base Path 225' 2.5:1/3.0:1 20'x 20' 25/94 15.37 $212,022 $134,999 50/30 2.0:1/2.5:1 20'x 20' 25/94 22.29 $239,618 $161,925 60'Base Path 250' 2.5:1/3.0:1 20'x 20' 25/119 16.58 $240,354 $149,809 50130 2.0:1/2.5:1 20'x 20' 25/119 25.59 $279,133 $188,37760'Base Path 300' 5:1/3.0:1 20'x 20' 25/176 24.75 $281,470 $187,342 50/30 2.0:1/2.5:1 20'x 20' 25/176 34.16 $325,861 $225,324 C 60'Base Path 325' 30/20 2.5:1/3.0:1 20'x 20' 25/209 27.09 $294,183 $196,347 50/30 2.0:1/2.5:1 20'x 20' 25/209 38.06 $346,238 $239,187 d 90'Base Path 300' 50130 2.0:1/2.5:1 30'x 30' 25/71 39.96 $358,311 $247,450 70/50 2.0:1/2.0:1 30'x 30' 25/71 58.94 $439,528 $316,617 90'Base Path 30073257300' 50/30 2.0:1/2.5:1 30'x 30' 25/78 41.00 $369,403 $250,988 70/50 2.0:1/2.0:1 30'x 30' 25/78 61.80 $449,648 $326,403 d 90'Base Path 350' 50130 2.0:1/2.5:1 30'x 30' 25/100 49.58 $407,572 $285,304 70/50 2.0:1/2.0:1 30'x 30' 25/100 73.87 $527,460 $386,240 i� 90'Base Path 32073607320' 50/30 2.0:1/2.5:1 30'x 30' 25/100 47.24 $393,314 $274,257 70/50 2.0:1/2.0:1 30'x 30' 25/100 73.35 $522,784 $385,874 a 90'Base Path 33074007330' 50/30 2.0:1/2.5:1 30'x 30' 25/117 49.84 $458,314 $307,929 70/50 2.0:1/2.0:1 30'x 30' 25/117 80.37 $625,638 $434,830 L. d Tennis +' N Avg kW Price for Light-Structure Price for SportsCluster CC� #Courts Average Maintained Light Level Uniformity per hour TLC-LED Materials and TLC-LED Materials and C P Installation per Spec IcoAatioa per Spec 2 50 to 2.0:1 7.12 $129,271 $82,319 Q 3 50 fc 2.0:1 9.36 $135,231 $87,876 V 4 50 to 2.0:1 14.04 $165,091 $106,510 Y 6 50 to 2.0:1 16.38 $206,687 $135,217 a; C Basketball-Outdoor (1) Avg kW Price for Light-Structure Price for SportsCluster E V #Courts Average Maintained Light Level Uniformity h TLC-LED Materials and TLC-LED Materials and per our Ivs[allation per Spec Ivs Hatiov per Spec U 1 50 fe 2.0:1 7.02 1 $82,928 $59,017 r a Page 1oft Packet Pg. 219 King County director's Association Bid Pricing $•�•b Bid 1123-406 Sport Court and Field Lighting Basketball-Indoor-10 year parts and labor warran Unir ma,, Avg kW Malerials and N Courts LighI Level - per hour Installation per Spocr I-94'x 5O' 1 75 fc 2.5:1 5.70 S 103,047 Mini-Piteh System—-10 ear pans and labor warranty , Light Level Price for TLC-LED S Materials 40 x 84' 25 fc S 105,000 J SO'x I W 20 re $110.000 RY x 120' 15 fe S115,000 MuScoVisinn°-5 year parb and labor arranty Price for Materials per field C Diamond Field- S20,000 Rectangular Field/Court' S20,0w '�Sn hepn of�ireami i,rcluded.addiiioml hounavaibW f pmrlvsr supplernecital Items L Item wt"ial son per iumi,mi,dunit r0 ++ TLC-LED-1500luminaire S5 w L) TLC-LED-1200 lummatre $5,000 L TLC.LED-900 iummaire $4,500 TLC-LED-600 iummaime 54,000 Q TLC-LED400 lummaire S3S00 (� TLC-BT-575 lominaire S4,000 Q TLC-RGBW lurnmaire S6,WO TLC-RGB-U luminiaim S6,000 (, LED Security lummaire S2„S0o Y Conlro-Uri Ratio It Unit( apts to existing , contactors-Comrol Module Only,(1)service r up to 7 zones.-W anant.y is SO years pans& M labor swo O Control-Link&Controls Contactor Cabinet (Pricing includes(4)30 amp contactors.If project requires.more or larger cantaclors �0.1 rice may 11 be higher) SS25 y I SMv HID LampS75 Ballast $205 Capacitor $70 r•� C A,Lighting system pricing stated above includes lighting srsfem materials,lighting design,design consultant services.installation per the specification of this bid and delivery within the$rate of Washington;o thejoh site.Additional freight may be incurred outside of the Stale of Washington. � B.During the term of this contract.technical upgrades to these products may,periodically become available and will be offered to the owner.Bidder reserves the right to supply upgraded technology provided it maintains on-field lighting performance and enhances benefit. C.The pricing is based on using Musco's typical 5700 Kelvinl75 CRI LED fixtures.Other Kelvin&CR[LED fixture combinations are available end ma}add additional coal d D,The pricing is based on using 486v:other voltage options are available and may add additional cost L E,During the term of this contract tribe Building Codes/Wind Speeds change.Bidder reserves the right to adjust pricing accordingly.Quote for bid based on structural code and wind speed of IBC=R.100 mph.Exposure C.A change in building code and wind speed.will have a direct effect on the bid price based on percentage increase_Alternate price for increasing building code in LO mph increments(based from 100 mph), State in a value or%over base pricing for each field:10%per even 10 mph increment. Q F.Pricing is based on using Musco s Control-Linkm Control&Monitoring package.Musco's Show-Lighp entertainment service packages available and iviR increase the equipment test by I29A Musco is not responsible for obtaining or any cost associated mffi music licenses. L G.Installation or the fmindatiens,poles and luminaries shall be included in the bid price per the specification Installation of the electrical syslem including but not limited to trenching,backfill.conduit wire.electrical distribution,service cabinet(s)and site restoration+rill be priced separately on a project by project basis and w will utilize RS Means pricing.coefficient and must also include the appropriate City Cost Index_ (/) H,Manufacturers do not have to list electrical sub�conlraclors.however,the owner has the right to reject through the submilial process.sub-contractors not licensed or listed isilh the local jurisdiction. 1.Above pricing includes delivery and labor for unloading and installation of the equipment per the specification within the Slate of Washington.Above pricing does not include sales LMX. J.Quote based on shipment of entire project together to one location.Delivery,time of order.submittal approval,and confirmation or order delails include voltage and phase and pole location is approximately 6-8 useeks standard shipping. Q K.Confirmalion of pale locations required prior to production,due to the built-in cuslom light control per luminaire- V L.This pricing list should not be considered complete and exhaustive due to the naLUM of each project being a unique.design-build situation. Y Compmny Name:Musco Sports Lighting.LLC Freight is included in a above pricing. +•' C Signature f13 a ye2of2 Packet Pg. 220 8.I.b KCDA- PURCHA SING COOPERATIVE 18639-80TH Ave S. • P.O.Box 5550• Kent,WA 98064-5550 •Phone 425-251-8115• Fax 253-395-5402• www.kcda.ora INVITATION FOR BID Bid #23-406 Sport Court and Field Lighting Due 1/5/2023 On or before 2:00 p.m., PST N L 0 Attachment E 3 Q SIGNATURE PAGE AND MISCELLANEOUS FEES c r The undersigned offers and agrees, if this bid is accepted, to furnish any or all of the items upon which prices were quoted, at the prices set opposite each item, F.O.B. delivery point specified in the invitation for Bids, and agrees to make a� delivery within the delivery dates specified, or as otherwise amended by attachment. c 0 Contract Prices Offered c 1. Firm for annual contract f° U 2. Firm for initial order only 3. Variable by item/group } (Identify under separate cover) c� L Y 0 MISCELLANEOUS FEES v In some cases additional charges may be necessary. These costs are for items delivered direct to Members. Attach o additional pages as may be necessary for each manufacturer. "TBD", "Job by Job" etc. is not acceptable and may Y disqualify your response. Bidders should list out any other pricing for services on additional pages as needed within r this section. CD Delivery Fee: $ %or mileage rate y Installation Fee: $ per hour(comply w/ Prevailing Wage - RCW 39.04.010, 39.12.010&020) 3 Design Fee: $ Performance Bond: $ Demolition Fee: $ Restock Fees: $ Lift Gate Fee when required $ Q L OTHER $ N 0 Q NOTE : If services are not documented in pricing pages,fees must be justified by using IRS Means. v Y FUTURE DELIVERIES a� On occasion, KCDA Members will place orders near the end of the contract period for delivery after the contract period E has expired. Will your company honor orders placed during the contract period for future delivery? Q No Yes X Yes, but only if delivered within 1 / 3 C6)months (Circle one) Signed: Firm Name: Musco Sports Lighting, LLC Name and Title: Jeff McNulty, Vice President, Sales and Service Packet Pg. 221 8.I.b Telephone No. 900-825-6030 Email: musco.contracts@musco.com "Note: All lines of information must be provided with submittal. Electronic acceptance of these terms and conditions signifies compliance with all terms and conditions. a� N �L O Q J N C O C R U L O V L C O U Q U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E M v r Q Packet Pg. 222 8.I.b Attachment E2-Services Price Schedule KCDA-Bid #23-406 Sport Court and Field Lighting NOTE: If your company provides any of the services listed below, please complete the price schedule. If services are not documented in pricing pages,fees must be justified by using RS Means. N Discounted Price or Per Diem Charges (if any) Mileage Charges (if *Additional Discount on Large Projects: � Description Regular Price or Rates Rates Y) an Y/N tJ i GJ !X0 .N GJ m Discounted Price or Mileage Charges (if *Additional Discount on Large Projects: N Description Regular Price or Rates Per Diem Charges (if any) O = Rates any) Y/N O Q M •i N J d C O in Discounted Price or Mileage Charges (if *Additional Discount on Large Projects: GJ Description Regular Price or Rates Per Diem Charges (if any) ca cJ Rates any) Y/N U > ex: Initial (must price) Ex: Follow up training (must price) i s` o U •� Q 'M F Y M O v� Discounted Price or Mileage Charges (if *Additional Discount on Large Projects: U Description Regular Price or Rates Rates Per Diem Charges (if any) an Y N Y) / 0 •i aJ i E O m Q L a a M *Please detail additional discounts on large projects. Q 0 U MISCELLANEOUS FEES Y In some cases additional charges may be necessary. These costs are for items delivered direct to member agencies. Attach additional pages as may be necessary for each manufacturer. s M Performance Bond: $ Q Shipping: $ Lift Gate Fee when required $ or RS Means Rental Scaffolding/Lifts $ or RS Means Raceways $ or RS Means FUTURE DELIVERIES On occasion,KCDA Members will place orders near the end of the contract period for delivery after the contract period has expired. Will your company honor orders placed during the contract period for future delivery? No Yes_X Yes,but only if delivered before within 6 months of the end of contract Packet Pg. 223 8.I.b a� N �L O Q J N C O C R U L 0 V 4. Product Line Brochures and Literature r c O U Q 0 U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v 0000 Q MUSCo., Packet Pg. 224 _ . �zmw-�i - J t We Make It Happen o00o mus Musco Makes it Happen T t Since 1976,Musco has been designing and T manufacturing the highest quality sports and large area lighting systems.Our global Team, innovations,and superior light control technology offers practical,cost-effective,trouble-free solutionsAll backed by a long-term warranty. • Raising the standard for lighting at hometown �� , ► fields and the biggest venues in the world. • Bringing unmatched experience to provide A%. the most value for your lighting budget. Offering expert guidance from system ORANGE COUNTY GREAT PARK,IRVINE,CALIFORNIA,USA • design through installation,support,service, - • , . ,• , and operation. • Solving real customer problems and providing : solutions that meet your facility's unique needs. MAHER TERMINALS,ELIZABETH,NEW JERSEY,USA ,Q Pictured on the cover(clockwise from top left):LA Coliseum, Los Angeles,California,USA;Wembley Stadium,London,UK; TD Garden,Boston,Massachusetts,USA;Ellsworth Air Force — Base,Rapid City,South Dakota,USA;Cedar Stone Community LYNN FAMILY STADIUM,LOUISVILLE,KENTUCKY,USA Park,Smyrna,Tennessee,USA;GPA Appalachian Regional Port, Crandall,Georgia,USA.Background photo:Daphne Park Drive • • • • • •.• • • Complex,Daphne,Alabama,USA. • • • - 2 ' • 8.I.b a� N � •L \ O Jf � U L � r U M MWI O JEDDAH CORNICHED. Created an unprecedented racing experience and the world's longest Formula 1—street circuit to feature LED lighting. 0 In c m _ m L C C + V Q Y y f � t v r STATUE OF LIBERTY,NEW YORK,NEW YORK,USA Q OF DREAMS,DYERSVILLE,IOWA,USA Lighted the Statue of Liberty as a symbol of Returned to the Field of Dreams site to create an unforgettable environment for the historic recovery in the aftermath of Hurricane Sandy. MLB at Field of Dreams—event. Packet Pg. 227 M =I 8.I.b 45+Years of Innovations Since our founding in 1976,our Team has been committed to system development advancing light quality and control capabilities that have created new possibilities in sports and large area lighting. 1097 1977 r N SportsCluster°2 is introduced,offering major Level-s' t advancements in efficiency and spill and glare control.AL Q 1 c A_fir" f• ��s � '++ • 1 � it J 0 1 09 Production begins on the SportsCluster°, M R Level-8 and Total c simplifying installation,guaranteeing Control"options ar �, alignment,and improving durability. 1 introduced as a wa) .......... 1979 to provide ore t ri U The Multi-Watt"'option is solutions for extra o Remote ballast is introduced to reduce system lighting needs. 42 introduced,placing electrical operating costs and increase i components in an enclosure programming flexibility. near the base of the pole v for easy maintenance. Q 0Go 00 o N • �• a Y 1 M CO O .............: 7T O v 7!� L Q L 0 U Y 1979 t v 198 1 1988 a 4 - Packet Pg. 228 8.I.b 1991 -.-1999 Light-Structure System`"'is introduced Control-Link'is introduced, engineered as 5 Easy PiecesT'backed by providing customers with a hassle-free seven-year warranty on all an affordable system for ` parts and labor. controlling,monitoring,and scheduling their lights remotely. N L O 1996 a IM 7J j 'a ... 0 y 0 001, Our 10 Club Service""warranty L j and performance guarantee o The ShowLight'system is introduced, is introduced,eliminating Jq bringing special effects lighting to pre-game, customers'maintenance U halftime,and post-game celebrations at costs on parts and labor for r professional arenas. 10 years. ® V i Q ° U Y AMk r a N Q. M o r � IR a .......... _A Q Y 2005 _ a � r Q 2005 : 1 Packet Pg. 229 8.I.b 45+Years of Innovations ..................................................: N F L Q I It 1 s � C Our Team designs a state-of-the-art LED system for installation at the 0, East Span of the San Francisco-Oakland Bay Bridge,improving driver c safety and energy efficiency. Lj Our Team completes the first LED installation at the White House, L lighting the external fa4ade and cutting energy consumption by 87%. U L C 0 U ........ .................. Q U ® ® _ Y ® fV ® O ................ O V C� G Y E a) d L Q i v Q U Y a� E t v r Q 6 Packet Pg. 230 ...... ....... The Communication- --_ =� Structure System'""is launched,a monopole solution built using our proven 5 Easy Pieces'"' L approach that offers 0 faster deployment, safer installation, 0 and a simplified 0 1 n acquisition process. S /y aM Show-Light®special effects technology is re-introduced a� providing new,cutting-edge M light shows and color-changing capabilities at venues of all sizes. c 0 c U ........2016. 1 Total Light Control—TLC for LED"technology is introduced,creating new possibilities for sports and 0 large area lighting in terms of light control,spill light and U glare reduction,energy efficiency,and reliability. r M ~ N N ® N • ~ v V C� G ......................: 2019 a L l 4a N C� C Q ! U Y 2020 a Packet Pg. 231 TLC for LED Musco's Systems Total Light Control" Technology Our unique complete system approach—with Patented visoring lighting,electrical, • structural components © minimizes spill designed • work together—deliversbenefits light and glare, Poletop while custom that can't •_ matched by parts and pieces Luminaire optics and factory fr Assembly aiming achieve m • various more uniform light r distribution. t Durable,corrosionand able to r� 7 Q withstand high winds. New a� Applications— E Wire +' Streamlined installation • Light-Structure a� Harness operation. System" Complete System from Foundation a Patented • . glare control to minimize to Poletop c impact . neighbors. O Engineered in 5 Easy Pieces'" M with all components U Superior on-field • -• -• designed to work energy12 consumption. together. i © .- Retrofit a ListedUL , • Approved • Electrical V Components Applications— playing environment. Enclosure SportsCluster° o Retrofit Lighting U Y System r © Designed to perform c from your choice of v Galvanized structures,includes O Steel Pole lighting,electrical N components,and 3 new crossarms. c aD Indoor Lighting 0 m Precast Applications Concrete High-quality lighting Q Base and minimized glare `y for everything from NBA and NHL arenas g to high school and Q recreational gyms. U Y c d E t ca Q Packet Pg. 232 8.I.b MuscoVision° Communication- Automated Sports Structure System" Broadcasting a Complete System from A complete solution Foundation to Poletop for hometown A monopole utilizing facilities that our 5 Easy Pieces— includes cameras, structural system structural,electrical, adapted to allow networking, Internet Service and production Providers to deploy N components,as wireless faster with L well as web and a smaller physical J app-based footprint and safer 0 viewing portal. installation process. t a� i3l R Mobile and Temporary Lighting v L Superior quality and versatility for supplemental broadcast lighting and U settings without permanent systems. (a c 0 c) _ MirtranTI a Racetrack Lighting System ' U Y Designed specifically for racing, was i delivering a precise ribbon of light M onto the track while eliminating Q glare for spectators and drivers. 0 0 v c m E am am L Q _ L CC� i C e - Q U Y a� -- M v r y Custom Applications Mini-Pitch SystemT1 Unmatched experience with special Modular Sports Solution build systems for venues with distinctive Transforms underused areas into a high-quality sports pitch,including lights,fencing,goals, architectural environments and settings. benches,lockable storage,and ADA-compliant access. Packet Pg. 233 We've been From System Development researching and y p developing sports Through Installation and large area lighting applications Our services—from system development through that utilize LED since 2008. installation—are guided by nearly a half-century's worth of experience listening to customers and 1111tiiilti ,1,, JR understanding their needs every step of the way. • Millions of hours devoted to system research, development,and testing. • Decades of experience designing systems that meet each customer's unique needs. • Production and project management expertise to help overcome any challenge. 00 • Unmatched installation capabilities that streamline the process regardless of setting. • Timely support and service from regionally- based technicians. r . ........---..... ,5 y JJ I � mom I 1. - 10 ' • 8.I.b We create custom- designed optics for placement around the LEDs at our r state-of-the-art • manufacturing facilities. a� N L p � Q WWI- ... ... .. .�. err Our on-field light level testing verifies the a� precision of your factory-aimed system so you're getting the results you need. o c w U � L Q l � U L U `1 � M O ! c 1w�1 E I{ Every Musco lighting system undergoes the m 11 FFr same rigorous quality assurance testing that includes nearly 150 quality checks. Q We build computer J models and U - photometric designs Y based on your a� facility's specific layout to provide U CU optimal light quality and uniformity. Q Our unique complete system approach streamlines and simplifies the installation process. Packet Pg. 235 A6k Fs. System Management and Operations We're committed to providing support,software, J i J networking,and controls that are trouble-free and help customers ensure the best possible experience to players and fans. • Control-Link®Controls and Monitoring— k .•• I proactive monitoring,scheduling,and j call center support 24/7/365. • Show-Light®Entertainment Packages— cutting-edge light shows with light-to-music 'v synchronization and color-changing q , RGBW technology. • MuscoVision®Automated Sports Broadcasting— professional livestream productions from hometown fields and facilities. �w • Warranty and Performance Guarantee— '' • hassle-free,covering every part and all labor ' . . . . . . ... . well into the future. • FEATURE❑6ROAOEASTS < :i� - ? EXPLORE WHAT'S TR E NO I NO 0 .iNO•UME A 12 � • 8.I.b - � N L f r Show-Light®is an ideal solution for taking your game night experience to the next level with exciting light shows to celebrate players,halftime shows,and team wins. 0 CU •r.. L _ O r CO) ' ' O 1 \ OPIP E a) IM a Our design engineers create an array of custom light shows and color-changing scenes for customers to choose from with their Show-Light'entertainment package. Q Our solutions are backed by long-term parts Y and labor warranties,along with regionally- based technicians and 170 support staff dedicated to the performance of your system. E t U Q Many communities have utilized our - Show-Light®color-changing technology to highlight unique structures,celebrate their history,and commemorate events. Packet Pg. 237 8.I.b • Experience experience,Our system approach,superior technology,depth of ... set • apart From hometown fields to county-wide complexes to world-class stadiums to 0 international airports. Tottenham Hotspur Stadium a� Projects ofall types • - than 100 countriesLondon,United Kingdom around - globe. Created a one-of-a-kind TLC for LED®system for one of the most LM innovative new stadiums in the world.Minimized glare for better J visibility and integrated custom controls with other feature lighting a� Creating new possibilities f•r lighting in thefor cutting-edge special effects and light shows. most challenging environments and settings. iY c O c O - U L ay� O M � L Y r M O Charlotte Douglas International Airport 0 Charlotte,North Carolina,USA to 3 Designed a TLC for LED®system that reduces energy consumption and provides clear,uniform lighting—creating a safer overall work environment for staff. aD E m m L a L C� C Q c r E c� r Q N Van Olympic Sports Center Van,Shaanxi,China Installed state-of-the-art TLC for LED®system at Van Olympic Sports Center,which served as a brilliant global stage and main venue for China's 14th National Games. Packet Pg. 238 8.I.b N L 0 Cedar Stone Park Island Country Club a� Cedar Stone Community Park,Smyrna,Tennessee,USA Ansan,GG,Korea Helped the City of Smyrna,Tennessee,expand recreational Helped Island Country Club take advantage of the many benefits of a� opportunities by installing custom TLC for LED'systems at Cedar night golf with a TLC for LED'system with BallTracker°technology J Stone Park,the first newly-built youth baseball fields the city had that prevents spill and glare while creating exceptional visibility constructed in 20 years. allowing players to track the entire flight of the golf ball. c 0 c c) ' L Jq U 0 V O Yas Marina F1"Circuit Rogers Place,Home of the Edmonton Oilers 0 Abu Dhabi,UAE Edmonton,Alberta,Canada v� Overcame challenging rocky environment to install a highly- Designed a TLC for LED®system that adapted to the arena's unique, customized system with nearly 4,700 luminaires,and helped stage innovative architectural design and achieved the ultimate spectator the first ever twilight run of a Formula 1'" event. experience for everything from professional hockey to major concerts. am 0 L Q L C� C Q g U E - U Estadio Caliente LMX TD Garden,Home of the Boston Bruins and Celtics Tijuana,Mexico Boston,Massachusetts,USA Included Show-Light®entertainment package as part of this custom Worked around the arena's busy concert schedule to install a TLC for TLC for LED'system,allowing Club Tijuana to wash the stadium Xolos LED'system that would meet lighting standards for the NBA and NHL. red during pre-and post-game light shows. Packet Pg. 239 8.I.b re Partnerships Our Team is proud to partner with leaders in sports and recreation to support quality facilities and programs for youth and community development. m N OOLO M,�,� L EFDN INTERNATIONAL DARK-SKY ASSOCIATION ' C American Academy for Park Babe Ruth League® European Football for International Dark-Sky and Recreation Administration Development Network Association J N a� Little . . v 0, League MINOR LEAGUE M BASEBALL 0 L Little League®Baseball Minor League Baseball" National Collegiate Athletic National Interscholastic �O and Softball Association Athletic Administrators v Association M L O U ® Q � �° MAJOR � U Pi WK SO FOUDCER IIIII■ M 0 ATION National Junior College National Recreation U.S.Soccer Foundation' United Soccer League 7T_ Athletic Association and Park Association O c� uJ 3 Y(2UTH DEVELOPMENT FOUNDATION E d MLB-MLBPA Youth Development Foundation L �1 a L CM G a V Y w 00:0 m w/ M 4 a We Make It Happen. WWW.MUSCO.COM . . Phone: 800.825.6030 O ..1 . 1111 .. .. .. ...f. - .. .. -. -. ... .-..i.. „ ... - & . Packet Pg. 240 8.I.b � r + N F' O _.. NEW � 5 N � L O _ 0 U M O World Class Leaders 3 Sports and Large Area Lighting 7 - UU `/`/` 0 mus We Make It Happen Packet Pg. 241 8.I.b SPORTS LIGHTING SOLUTIONS Tottenham London, . . . D@ system for one of the most innovative new stadiums in the world. a, N v L the system including site-specific mounting :5 structures Custom designed virtually every aspect of 0 • remote electrical componentsenclosures in dedicated electrical rooms. t _ '• glare for better • ++ • integrated custom controls other feature lighting for cutting special effects and light shows. 1 Alb 4 z. i . c 0 c 0 U L 0 V M L 0 r k M - O O Seoul Olympic Stadium Yas Marina Fl-Circuit 3 Seoul,South Korea Abu Dhabi,UAE Designed versatile system capable of meeting the needs for major Overcame challenging rocky environment to install a highly- sports,concerts,and entertainment events,while reducing energy customized system with nearly 4,700 luminaires,and helped aD consumption by 63 percent compared to prior metal halide equipment. stage the first ever twilight run of a Formula One event. E m L a w Q 0 U c d .Rta r Q Estadio Caliente LMX TD Garden, Home of the Boston Bruins and Celtic Tijuana,Mexico Boston,Massachusetts,USA Included Show-Light+®entertainment package as part of this custom Installed customized TLC for LED system without disrupting the arena's TLC for LED system,allowing Club Tijuana to wash the stadium Xolos red busy concert season,and met the distinct lighting standards of both during pre-and post-game light shows. the National Basketball Association and National Hockey League. Packet Pg. 242 8.I.b m z 6 � Q J � i Rogers Place, Home of the Edmonton Oilers Lamade Stadium LM Edmonton,Alberta,Canada Williamsport,Pennsylvania,USA y Designed a TLC for LED®system that adapted to the arena's unique, Partnered with Little League®since 1994 to develop the A Safety innovative architectural design and achieved the ultimate spectator Awareness Program""(ASAP""),which fosters and expands safety initiatives experience for everything from professional hockey to major concerts. and helps prevent injuries. p M �a.F L V M L O U U _ I M O Anna Meares Velodrome Shougang Ice Hockey Arena 3 Chandler,QLD,Australia Beijing,China Engineered a customized,energy-efficient system in time for the Helped transform a former coal station into an energy-efficient hockey 2018 Commonwealth Games,making it the first velodrome in arena with customized TLC for LED lighting that will achieve broadcast E the world with digital broadcast quality TLC for LED lighting. requirements for the 2022 Olympic Games. E m L a L C� C AT&T Stadium Q • • Cowboys Reduced glare and enhanced visibility for Arlington,Texas,USA C players and spectators with the TLC for customoptics and patented • • sx: Increased light levels by percentto meet broadcast requirements for •r television networks. Reduced energy consumption by 76 percent from prior metal halide • • equipment. r r +..� Packet Pg. 243 8.I.b SPORTS LIGHTING SOLUTIONS r •` • •• • • • • • . E z M d "a iY c 0 c 0 L y.i Yq 0 ■ _ - M� ._ e�_ Y t.. 0 Wimbledon Centre Court Coetzenburg Athletics Stadium 3 London,United Kingdom Stellenbosch,South Africa Designed an innovative TLC for LED system for the retractable Helped the stadium achieve efficiency goals,attract internationally c roof at the All England Lawn Tennis and Croquet Club Centre renowned athletes and events,and become the first athletics CD E Court,using both direct and indirect lighting to achieve stadium in South Africa to feature LED lighting. y broadcast requirements for The Championships. L a L C� C Q p U r Y .. �'�, •.Yam_• - V Southwell Racecourse Nissan Stadium Southwell,United Kingdom Yokohama,Japan Created an innovative,adaptable system capable of lighting just the Engineered a TLC for LED system to meet the lighting requirements of th, sections of track utilized in each race—ranging from five furlongs to 2019 Rugby World Cup and 2020 Olympic soccer matches,and created two miles—and made it Europe's first horse track with LED lighting. exciting special effects with light,sound,and video synchronization. Packet Pg. 244 8.I.b N t Arthur Ashe Stadium St. Mary's Stadium, Home of Southampton F.C. J New York,New York,USA Southampton,United Kingdom (D 0) Fabricated custom mounting brackets for the stadium's unique Replaced another manufacturer's LED lighting to solve problems with architecture,significantly reduced glare from affecting players,achieved glare and reliability,and included special effects capabilities to create HD broadcast requirements,and cut energy consumption by 73 percent. exciting light shows for the first time ever at Southampton's home ground. 0, c M U L 0 V M L 3 0 U Q U Y - 0 Estadio Municipal de Lo Barnechea, Mokdong Baseball Stadium, Home of A.C. Barnechea Home of the Nexen Heroes Santiago, Chile Seoul,South Korea Engineered innovative field lighting system at the historic, Installed a custom TLC for LED®system that enhanced the experience for a) E 80-year-old stadium to improve visibility for players and create players and fans and differentiated Mokdong Stadium from other baseball m a more memorable experience for Barnechea fans. venues in South Korea. 2 Q L d N 0 a 0 National Olympic9_L c Beijing,China E Center Stadium 4) Developed a cutting-edge TLC for LED system for the one-of-a-kind architectural design at the stadium with stunning special effects and •.. shows • •-music synchronization. Packet Pg. 245 8.I.b TRANSPORTATION AND INFRASTRUCTURE Liu H I I Abi t^ Harry Reid International Airport—,V- a- ; Ensured better Las Vegas,Nevada,USA visibilityfor pilots,ground crews,ar air traffic controllers with custom optics that create • -uniform lightdistribution, --from glare. •L O Provided a complete retrofit solution r µ custom mounting brackets,luminaires,and rrwire harnesses on airport's 411, Cut energy a� consumption .. _ . . ., eliminated more than$1.3 million over the next decade. with I -year parts and R c O c U L 0 M L �`- O _ U U A& Y r M O O Taulov Intermodal Facility Mason Empty Depot—Georgia 3 Federicia,Denmark Ports Authority (GPA) Delivered a complete solution from foundation to poletop which Savannah,Georgia,USA achieved better visibility for workers,cut energy consumption by 58 Provided uniform light coverage throughout the massive facility, E percent,and eliminated maintenance costs for the next 10 years. trouble-free installation,and easy remote facility management with Control-Link®control and monitoring system. a L C� C W E c� r Q JAXPORT Cruise Terminal— Bristol Airport (BRS) Jacksonville Port Authority Bristol,United Kingdom Jacksonville,Florida,USA After exploring several lighting manufacturers,Bristol chose Musco Reduced operating costs by$1.6 million over 10 years for its superior quality,light control,and efficiency;as well as the at Florida's number one container port complex. long-term parts and labor warranty that eliminates maintenance costs. Packet Pg. 246 8.I.b ING SOLUTIONS C W t Associated British Ports— Newport Docks Vancouver International Airport (YVR) L' Newport,South Wales,United Kingdom Vancouver,British Columbia,Canada y Improved visibility for workers with increased light levels and better Helped the second busiest airport in Canada reduce energy uniformity while also reducing energy consumption by 81 percent. consumption by 60 percent and increase light levels by 40 percent with a retrofit TLC for LED® system. 0, c M U L O V L i 0 a o M O O Pittsburgh Intermodal Rail DP World Jebel Ali Port Terminal 2 3 Terminal—CSX Transportation Dubai,uAE Pittsburgh,Pennsylvania,USA Earned DP World's 2014 Excellent Performer Award after installing Lighted a 70-acre facility using TLC for LED technology that achieved a TLC for LED system at Terminal 2 which greatly improved E superior light quality and control,better energy and operational efficiency,light control,and reduced cost of ownership. efficiency,and eliminated long term maintenance costs. a L a • • Vancouver ` IQ, Vancouver,Achiev-• •Columbia, of consistently throughout the terminal, improving .. �y c ! aD control without g glare for workers. - E _ E energyReduced • . • by 58 percent compared to the previous • • equipment, _ Q . and eliminated maintenance costs for 10 years with a long-term parts and labor warranty. Created customized system solution • existing poles along with custom-built crossarms,electrical enclosures, reliableand luminaires for operation. Packet Pg. 247 8.I.b ARCHITECTURE LIGHTING SOLUTIONS New York,New York,USA Installed a temporary LED lighting solution to light the monument after damage sustained from Hurricane Sandy. Statue of Liberty Replaced the temporary • • with I- permanent TLC forLED'system with the aesthetic details of the monument custom optics designed to highlight 3 - _ = while minimizing sky glow above Doubled the light levels projected onto the monument while reducing LM . ..� s J energy consumption by• percentcompared • metal halide equipment. t) �NN R C` U L / Jq L U r 'T O Des Moines Marriott Grand Central Terminal N Des Moines,Iowa,USA New York,New York,USA Utilized color-changing RGBW technology to give an exciting presentation Highighted the fa�ade's architecture with attractive contrast,reduced to the building's facade and the night time downtown skyline. energy consumption by 80 percent compared to prior lighting, and greatly reduced glare from affecting pedestrians,drivers,and y neighboring buildings. a L C� C Q 1 m e 1 ti ■ Im ■ 1L l 1 t it c c� r Q The White House Al Dhaid Flagpole Washington D.C.,USA Sharjah,UAE Custom designed a one-of-a-kind system,Musco's first architectural Developed a customized LED system to illuminate lighting solution utilizing LED technology,to light the White the flag of the United Arab Emirates. House exterior at the request of First Lady Laura Bush. Packet Pg. 248 8.I.b N Mount Rushmore National Memorial Ministry of Foreign Affairs J' Keystone,South Dakota,USA Abu Dhabi,UAE y Custom-built a new permanent TLC for LED®system Created energy-efficient TLC for LED system to illuminate the projecting light over 1000 feet to adapt to the unique physical building's exterior and highlight its architecture,as part of an environment and beautifully illuminate the memorial. expansive national initiative to convert to LED technology. p c M U L 0 V M L O U Q U Y M � O O Sava Bridge SW 5th Street Bridge, Principal Park, Iowa Capitol 3 Belgrade,Serbia Des Moines,Iowa,USA Designed a custom LED lighting system for the exterior of one of Enhanced the Des Moines night skyline with custom-designed TLC for LED the longest single-pylon cable-stayed bridges in the world. systems at the state's Capitol,Principal Park(home of the Iowa Cubs),and m the adjacent SW 5th Street Bridge leading to the city's downtown area. y m San L a L • • Bay Bridge Span Developed . technologyutilizing LED W meticulous requirements at the Bay Bridge. performance and aesthetic Included more than 1,600 light fixtures i k i and 51,500 LEDs perfectly aimed to - w i provide a safer envir• • glare for00,000 daily drivers. i e Reduced energy consumptionby p 1 percent compared to ff AW halide lighting equipment. Packet Pg. 249 8.I.b TEMPORARY LIGHTING SOLUTIONS �1 • • • •. • • N t I _ � o Yg _ L F T. F • • •• • • O C M U L 0 V f 0• - Lt L !I 11 111 II �f_I_ 111 .... M O O 2014 Winter X Games Notre Dame Stadium - First-Ever Night Game 3 Aspen,Colorado,USA South Bend,Indiana,USA Delivered mobile and temporary lighting solutions to provide the best Engineered a first-of-its-kind mobile lighting solution within just eight months to meet broadcast requirements and help (D possible night time setting for this major ESPN winter sports competition. bring the first ever night game at Notre Dame Stadium, E featuring the Fighting Irish and Michigan Wolverines. L a L C� C f �V „I Y 3E r Q United States Capitol Space Shuttle Launch Complex 6 - Lighting Test Washington D.C.,USA Vandenberg Air Force Base,California,USA Designed mobile lighting solutions for several presidential Conducted lighting test and provided photo optic lighting for inaugurations,the funeral services of President George H.W.Bush, high speed photography at Space Shuttle Launch Complex 6. and major events at the Capitol including"A Capitol Fourth on PBS" Packet Pg. 250 8.I.b m N Ar E, Q IM s C W Fort Bragg Field,Atlanta Braves vs Miami Marlins Titanic Movie Set LM Fort Bragg,North Carolina,USA Rosarito Beach,Baja California,Mexico Created a temporary system for the Fort Bragg Game between the Atlanta Provided an even light source around the movie set of an 800-foot Braves and Florida Marlins,the first regular season professional sports model of Titanic for complex special effects sequences during event ever held on an active military base and broadcast on ESPN. the filming of one of the highest-grossing films of all time. p M #ti - M 0 " �► 'I-. M - o o Air+ Style Show Red Bull Stratos 3 Pasadena,California,USA Roswell,New Mexico,USA Developed the first-ever mobile lighting solution using the Provided lighting at the launch of Red Bull Stratos,which was a LED light source,meeting network broadcast requirements skydiving event that took skydiver Felix Baumgartner 24 miles into the at the Big Air ramp which was nearly 16 stories tall. stratosphere and broke the record for the highest altitude jump ever. y m 2014 L a L Sochi Q Sochi, Q U Custom •• . `1 permanent lighting solutions,as +-� c supplemental lighting,for everyvenue at the Winter Games. E G� s Helped major networks airing the competitio +° broadcast lighting requirements for Q Overcame . logistical challenges to get the lighting on time and at the necessary level for D broadcasts. Packet Pg. 251 8.I.b I , 01P ' f ry I d N O t 7 Q i t _LM J I N Illinois State University Mount Rushmore Mokdong Baseball Stadium Redbird Arena National Memorial Seoul,South Korea 0, Normal,Illinois,USA Keystone,South Dakota,USA U L O V M L O In U Y r Academy Award' International Lighting EMMY°Award Q The Academy of Motion Picture Design Award Musco was awarded Arts and Sciences awarded The 1993 Paul Waterbury Award an Emmy by the Academy of O of Excellence for Outdoor V Musco an Academy Award Television Arts and Sciences N for scientific and engineering Lighting,one of two presented for lighting NCAA achievement in film lighting, worldwide,was awarded to football telecasts. Musco for innovative design at Charlotte Motor Speedway. E d d L a L C� C Q U Y c d OOOOt MU 9 We Make It Happen www.musco.com e-mail:lighting @ musco.com On the cover:Emirates Stadium-Arsenal Football Club,Holloway,London,U.K;Statue of Liberty-New York,New York,USA;Vas Marina Clrcuirt-Abu Dhabi,United Arab Emirates FORMULA ONE,Fl,and related marks are trademarks of Formula One Licensing BV.Little League-is a registered trademarkof Little League baseball Incorpomted.TLC for LED Is a trademarkof Musco Spons Lighting,LLC and is registered in the United States.Academy Award-is a registered trademark and/or service mark owned by the Academy of Motion Picture Arts and Sciences.EMMY•is a registered trademark and/or service mark owned by the Academy of Television Arts and Sciences"and/or the National Academy of Television Arts and Sciences. 01994,2022 Musco Sports Lighting,LLCM-1440-enUS-13 Packet Pg. 252 00008.I.b N musc - O t o dV ALWAYS REAOY FOR ,40 a J d 01 5 N J ■ / 0 4 0 4- I U _ L0 _yy� � V I i '+ O U Q Y JAL _a — _ , t O L a f N l o ti, Y �a r w Q Packet Pg. 253 8.I.b • • • N O t r 3 c r t a� •- • � 1 • - • • • • • • • • a - J m a� 0 U L O 4— V L O U Q w��4wa•�.�.aar r....aaaais..#�isaaa■aayi rYaaaaaaa•I i�aY��a�Y•a•a••a•••�i V k � � ... ,.. I IIII .. Y y I�ffiINlIINflipIIpillll Irrpkll, , PP 11I ILL111 � ; i ,,. ,■` uul .■.wupp41g11i ��Illlili11111iT �ITL1111111111llllllLllr111nunau,nM CD low Sp Scan or visit to learn more: art Y Ar y 5 Q ' ` r Packet Pg. 254 4, LakePoint Sporting Communityv0Mp`Fr0 . wanted to see the players SysT�� ball like never before . With eight baseball fields for elite travel teams, LakePoint needed lighting that would enhance player visibility and let them track the ball's entire flight. ' By using our TLC for LED system with BallTrackerTI technology — which creates precisely-aimed vertical lighting targeted to enhance visibility of aerial balls — that's exactly what they got. "When you stand at home plate and look out to center field and there's no glare, but the field is totally bright and the white of the ball pops, it looks amazing." r Scan or visit to learn more: - Tyson Kimm, Vice President of Perfect Game USA, main tenant at LakePoint www.musco.com/project-showcase/lakepoint/ ❑ w Packet - . "r When the original lights went on at Notre Dame C. N T Rov Prep, Y was nobody happy, Excessive glare and spill brought complaints from homeowners, motorists, and the City of Scottsdale, forcing the school to shut the lights down until a solution was found. When the original manufacturer failed, we were brought in and custom-designed a TLC for LED solution that eliminated glare and spill from impacting the surrounding area. loom Allow I -�--�__ — - — "We could not imagine our field looking more beautiful than it does now. We are so grateful for the excellent products and customer -- — - .Rw"p.ge"Pit!�R� �"��'- �r�1d _--- ------ --'- � �� service we received from Musco Lighting:' Scan or visit to learn more: VVIRIIl111� --------� - i-�" _� _ "' — www.musco.Com/project-showcase/ndprep/ � ----- --� Jill Platt, Principal, Notre Dame Preparatory High School Alpine Field needed a retrofit 00p`F11*0 solution to replace its newly Y installed lights, fast. ksr .+The field at the University of Colorado Colorado Springs quickly became a source of complaints when its LED lighting from a different manufacturer created glare and spill for nearby homes. Within weeks our TLC for LED system was retrofitted onto the original poles, saving UCCS money and eliminating the impact on neighbors. - - 10:00 - •, • r 5 1 0 - —�—— — - -- Or "The results are absolutely phenomenal. ) had neighbors calling saying v they couldn't believe the difference. We got our nights back again."' Scan or visit to learn more- ° - Ron Toman, Eaglerock Neighborhood Association www.musco.com/project-showcase/alpine/ Packet Pg. 257 P%.WAYs With over 6,, 000 students la i n p Y g 0 0 intramurals, Clemson needed 4Z"9y field lights it could count on . .T _j 0 High hours of usage at LoConte Family Field required lighting that was efficient, reliable, and easy to program given the field's remote location. Our TLC for LED solution reduced energy consumption 63 percent compared to metal halide, and with the 24/7 monitoring and remote scheduling of Control-Link°, the field is always ready for play. �. #,:► Ar■r -1 ML -. u. ti 0J "Musco's LED system has allowed us to increase intramural programming by 4 extending hours, and the ability to program the lights remotely is a neat feature." Scan or visit to learn more: ❑� www.musco.com/project-showcase/clemson/ - Chris Cox, Assistant Director of Intramural Sports, Clemson University Packet • y They just didn't want new If lights at Pridgeon Stadium , Q. , theywanted to make history, °"TV As a home stadium for the Cypress-Fairbanks ..we+ • • �* School District, the 40-year-old venue needed *"* to greatly improve on-field light quality. Our TLC for LED system's custom optics provided superior light levels and uniformity, and made Pridgeon Stadium the first high school sports _ complex in the-U.S. to be•lit entirely with LED. • WI Of -� " - fiAS r - - - - - - - - - - -- - ` "We have an average maintained footcandle higher than anyone 1 know. And 0 0 that s something to boast about. You could host ESPN games out here. T� Scan or visit to learn more: -Josh Solis, Project Manager, Cypress-Fairbanks Independent School District www.musco.com/project-showcase/pridgeon/ ❑� P�Ways Seminole County wanted a complex, s ortspremier p RE"°y without breaking the bank. To make it happen they needed high-quality field lighting that would eliminate maintenance concerns and costs. Our parts and labor warranty, which covers every part and all labor, helped Seminole County save over $1 million in operating costs for the next decade. G Mod a -— - - �,. ��•�.� 00 7M7, 0 0 "Players love it. We love it. It's saving us money. Musco has been Scan or visit to learn more: an incredible partner through the entire process." - 6 '1: www.musco.com/project-showcase/seminolecounty/ —Joe Abel, Director of Leisure Services, Seminole County, Florida v� Packet Pg. 260 Energy Y efficient was the name `°S .* of the for re - Ii htingame g g T s � . Julian Fisher Park, "G The City of Monrovia wanted high-quality lighting for the park's frequently used basketball courts that would conserve energy and keep costs down. Our customized two-pole design and TLC for LED technology delivered the light levels and uniformity the courts needed, and cut energy consumption 51 percent compared to metal halide. _ • MERL 'p p "Musco's state-of-the-art LED lighting not only reduced our electrical d use, it also has improved the overall park lighting dramatically." Scan or visit to learn more: - Tina Cherry, Public Services Director, City of Monrovia www.musco.Com/project-showcase/julianfisher/ Will stor be next ?your Y . Whatever problem you're trying to solve, we've probably seen it and helped someone overcome it. Because that's what has driven us to design and create the most innovative sports lighting solutions in the world for over 40 years. Will your story be next? Call us today, 800/825-6030 or visit www.iwantlighting.com - F� V% GIt �**,wa k C.osr 00:0 MUSCO® sYs T*.* SON T Rev Packet . , 262 ,�; tK OCXDO mus = We Make It Happen. - WWW.MUSCO.Com e-mail:lighting@musco.com 02015,2018 Musco Sports Lighting LLC•M-1897-enU5-2 U.S.and foreign patents issued and pending. ket ' • TLC for LED Total Light Control TM so �F i 4 r� 00:0 mus We Make I Packet Pg. 264 8.I.b Keeping Good Lighting Affordable With the emergence of LED sports lighting,facility owners are discovering that different _ manufacturers produce vastly different results. N L The LED light source has distinctive challenges and advantages.To realize the full potential of Q LED lighting,it takes experience and a proven system for controlling and applying the unique characteristics of the diode in a sports setting. aM J With Musco's more than 45 years of experience—and over a decade of researching LED—our Team has looked at the combination of issues to achieve the best solution to meet your needs from structures,to quality of on-field light,to off-site impact,to energy and costs. C 0 c M The result is a system that makes Musco's great lighting even better. U L 0 Better for players... U L who want to perform their best and be able to track the entire flight of the ball. c 0 U Better for fans... o U who want to see the game better and enjoy world-class light shows watching preps or the pros. Y r M Better for neighbors... Q who won't have light spill or glare in their homes or lights left on when not in use. 0 Better for the night sky... with more light directed onto the field and less spilling above it. E m Better for your budget... an affordable system that's built to last and control operating costs. 0 And you won't have to worry about maintenance costs for up to 25 years. o U Y a� E t v r Q 02016,2022 Musco Sports Lighting,LLC U.S.and foreign patent(s)issued and pending Packet Pg. 265 8.I.b a� N �L Q J N I. C O 1 � O ontrol L O from foundation to poletop. . . U C from the light source to the field, preserving the night sky. . . Y assuring the results you expect, , day 1 . . .year 1 . . . and for 25 years. O E L Q L I f � I� C Q U Y a� E t v r Q Packet Pg. 266 8.I.b A Unique System Design 5 Easy PiecesTM complete from foundation to poletop. While other manufacturers produce single light fixtures,our system approach delivers N better long-term reliability and trouble-free operation. t .r Whether it's Light-Structure System—complete from foundation to poletop,or Q a� SportsCluster-System retrofitted to existing structures,we include lighting,structural,and electrical components designed to work together. 2M J N Our system provides a more protective environment for the LED's sensitive electronics, -a integrated grounding,surge protection,and remote drivers so servicing can be done from C a step ladder,not a lift. U And we guarantee its performance for up to 25 years. ,o E L O U Q U Y r M O O v N 7 C N 1= d d L Q L C� C Q U Y a� E t v r Q from the foundation to the poletop. Packet Pg.167j 8.I.b m ` O r� Q Poletop � Luminaire }, TLCforLEU Assembly tLM J Total Light Control" C s= O c Wire O Harness V L O L O Electrical V Components Q Enclosure U Y r 0 M 0 Galvanized 3 Steel Pole C CD E d d L Precast Concrete Q Base G� rn 'Advancements in all aspects of fixture Q design are critical to achieving the full Integrated o Lightning V O performance of LED technology." Ground Y System +: —U.S.Department of Energy CD www.energy.gov/eere/ssl/led-basics t ca Q a Packet Pg. 268 8.I.b A Better Night Game Experience The key issues in sports lighting haven't changed—how do you put more light onto the field,spill less around it,protect the night sky,reduce glare,and ensure it performs when needed and withstands the elements. N l `o OurTLC for LED'system delivers highly-controlled downward li ht from the Yg � poletop,along with precisely-targeted upward light from our BaIlTracker° luminaires.Together,this patented system illuminates the underside of a ball in c flight,creates better contrast against the dark night sky,and creates unparalleled cut-off,preventing spill and glare from affecting the surrounding area. M47 And for an enhanced entertainment experience,Musco's strategically located c color-changing luminaires and innovative light-to-sound synchronization >, c capabilities create Big League light shows for players and fans at fields of all sizes. L 0 This is why, when you walk onto a field lighted by Musco, it just looks better. o Sahlen Field Buffalo,New York,USA Q F� U Y r M O "Now you can actually see the seams of the baseball coming in at you, and you can pick up spin easier. BaIlTracker is really important because when the ball gets up into the air it keeps the ball white against the dark sky.So it helps a lot." E —Nate Esposito,Wilmington Blue Rocks(MiLB) I L d C� G Q f� U Y a� E _ t U r Q ttztt from the light source to the fields - - Estadio Tigres.Nuevo Leon,Mexico Packet Pg. 269 8.I.b a 0 0 a v 0 v Y N N 0 r� '0 7 � Q Pinpoint control from 1,100 feet away highlights the r - target area while preserving surrounding darkness. IM v 0 z (� E U L � 0 > O U With patented BallTracker®technology,players enjoy quality lighting,no glare, Event lighting with dimming saves energy for Q and better ability to track the entire flight of the ball. high-usage,multi-use venues. U Y r M O O v N 3 O d w -� to Ylf _ Show-Light'theatrics and special effects enhance fan and TV experience. Packet Pg. 270 8.I.b A Solution Neighbors Will Love Emitting light is easy,controlling it isn't.At Musco,we care as much about • 77 Musco Metal 40 years of resl preserving darkness around your field as we do putting high-quality Halide System lighting onto it. a� N Our system's custom optics,designed around the LEDs,control and apply 0 the light precisely where it's needed.And our patented fixture visoring greatly reduces glare at the light source. Q a� c This means no spill light or disruptive glare affecting neighboring homes, z a� and the preservation of dark skies above.It's why our system could be a� installed at a large,multi-field sports complex located in close proximity to an international airport. c O c Our light control capabilities have made lighting ci L possible at fields where,previously, it wasn't allowed Y due to community concerns. i Y 0 c) a 0 U Y r M O O C) N 3 preserving the night sky. L Q L Y C� C "Glyndon Park is in a naturally wooded residential area. We didn't want to illuminate Y the homes of neighbors in the areal initially wasn't supportive of putting in traditional lights. The product Musco has developed - Y allows us to light this field,yet light nothing a else around it." —Parks and Recreation Director,Vienna,VA Glyndon Park Little League,Vienna,Virginia,USA Packet Pg. 271 Today Today Musco LED Other Luminaire increasing efficiency and minimizing environmental impact. System Manufacturer LED f� i • light produced,wattage,height,and aiming angle. What often is What can be Light Energy:Use,Lose,AbuseP, T Luminaire \ Lose/Abuse . Other LED Musco Manufacturer TLC for LED® 1, F 8.Lb A Field That's Always Ready for Play With the remote facility management of Musco's Control-Link®service,your field will always have light when it's needed. You'll be able to instantly turn your lights on or off from anywhere,with the touch of a smart phone.Our Team at Control-Link Central—will be there for you 24/7 to provide scheduling and monitoring support. o t .r In fact,if a problem arises we'll likely know about it before you do,right down to the fixture.Here's a look Q at the service we provided customers in just the past year: c z aM • Turned lights on/off remotely for more than 7.6 million events. • Conducted routine inspections and maintenance at over 11,000 fields. O • Helped with scheduling and answered questions on over297,000 calls, over 981,000 app sessions, and 1.3 million web site log-ins. L O • Traveled enough miles servicing fields to circle the equator 24 times. U L O U And with our 25-year parts and labor warranty,you'll have peace of mind for the next 9,125 days knowing Q that you'll pay zero maintenance costs,won't have headaches over staffing and managing your lights, U 1 and will be free from neighbors complaining about lights being left on. r M O O v N 7 C N s= d d L Q L C� C Q U Y a� E t v r Q assuring the results you expect. Packet Pg. 273 8.I.b N Y O t C r L J O C O C Our R&D,customization,and application capabilities deliver solutions specific to each CU customer's needs. L 0 U "Musco called to let us know there was an issue before we knew we had o problem." o U —Stephen Cooke,CPRP,CYSA i Greenville County Recreation Athletics Manager,Taylors,SC Y Our regionally-based technicians provide prompt service for 25 years. M - o i I O U f 1 Our Control-Link service provides 24/7 proactive monitoring and the Y support of a fully staffed call center. c O E t Musco's Light-Structure SysteM performs Q in real world conditions for25 years, guaranteed. We Make It Happen. Packet Pg. 274 r Control from foundation to poletop... from the light source to the field, preserving the night sky... assuring the results you expect, • day 1...year 1...and for 25 years. �S We Make It Happen,. ww.musco.com mail:lighting@musco.com ' • j ,ilii"li;l:•' iilr'.it 44 � I11111itf111;111111[I1�1 ' . ^1T r rf Retrof it Lighting Solutions Musco's TLC for LED"Technology CCGO mus o We Make It Happen � _ ..tea• ,ems=?�`� .�.1_ n,_i! 8.I.b a� N �L Q J � N � a)� O O U L O V L r O U Q U r 1. G a� Q - o U Y v r Q a - Packet Pg. 277 A Proven Retrofit System The quality of LED sports lighting is only as good as the system that applies it.Across the country,and around the world,sports venues of all sizes are discovering this every day. At Musco,we're using our more than 40 years of experience in light and glare control to take advantage of the unique characteristics of the LED source.As a result,our system-based TLC for LED'technology realizes the potential of LED as a retrofit solution in ways single fixtures simply can't. m Better On-Field Lighting ^' The whiter and more uniform distribution of TLC for LED improves visibility for players and fans. Total Light Control' Q a� Our patented glare control technology preserves darkness around fields like never before. z Improved Efficiency LM We've helped retrofit customers reduce energy consumption by as much as 80 percent. Long-Term Parts and Labor Warranty No worrying about maintenance,or paying for it,for anywhere from 10 to 25 years. M U 0 V M L O U Q U Y r M O "Musco's design for Petco Park was different from the competitors by far. They o actually redesigned our sports lighting racks.So we basically put up a brand N new rack,already pre-aimed. When we compared Musco's product to all the competitors we felt they had the least amount of glare. We don't have any dark spots on the field,and our light levels blow away Major League standards." E -Randy McWilliams,Senior Director of Engineering San Diego Padres Q L C� C Q U Y c d 00:0 mus We Make It Happen, Packet Pg. 278 8.I.b Retrofitting with Musco's TLC for LED"Technology Existing Light-Structure System" When you walk onto a field that's been retrofitted with Musco's LED technology, it just looks better.There's a reason for that. Our solutions are designed as a system—with 9 lighting,electrical,and structural components - o engineered to work together.We'll conduct a structural assessment of your current lighting, a - and our retrofit solution will include a new wire harness and new,custom cross arms to ensure structural integrity and long-term reliability. a� c O c ca , U L O V L O U Q U `1 ' r M � 6. O v N 7 i N E Structural Analysis — — — — — — — — L -To determine integrity of existing support structure Q Q 0 E t v r Q Packet Pg. 279 8.I.b Retrofit to TLC for LED"Technology 44: f� •Patented optics and glare control for better Poleto 5 " p on-field lighting and precise control Luminaire Assembly ��. _ •New cross arms to replace existing support structure Q •Factory wired,aimed,and tested c E z •Single aiming point for fast,reliable installation LM d Wire c Harness •New factory-built wire harness t) L 0 •Custom made per pole length and luminaire configuration c 0 •Ensures no exposed wiring and solid U connections with quick connect plug-ins v Electrical Y Component Enclosure •Located remotely for easy access c •Houses major electrical components 0 •Factory wired and tested,with surge protection ' and fusing for sensitive electronic components aD E m m L a L M C� In C Q U c addition • retrofits, • also provides industry-leading sports fields,and arenas of all sizes. lighting solutions that are complete and newly installed at stadiums, Q Packet Pg. 280 Better On �Fteld L Every lighting project is unique. But at the core of each of them is improving the quality of light on the field of play. We've spent more than a decade researching and designing systems around LED.TLC for LEDT'along with our innovative BallTrackerTI • technology delivers a whiter and more uniform light, allowing players and fans to track the entire flight of the ball. asp x�+c HnMWXICK FM-6 �R-01 i :eS�N!3�4;1 it,'EF-l..S .^�. v � "This is my 25th year in coaching and this is far and away r the best lighting 1 have ever seen at a baseball stadium. We . feel like Plainsman Park now possesses the best lighting f ' system in America and that is a big deal to us." Butch Thompson Auburn University,Head Baseball Coach 8.I.b Auburn University - Samford Stadium- Hitchcock Field at Plainsman Park Auburn,Alabama, USA The Challenge •Increase light levels and improve the quality of on-field lighting and player visibility am N .` •Mount luminaire assemblies on the existing poles z from the previous lighting equipment Q •Make the experience at one of college c baseball's best stadiums even better z LM J The Solution •University project leaders visited two other college stadiums to observe the performance of different LED lighting c c •One featured Musco'sTLC for LED'technology,while the M other had LED fixtures from another manufacturer `o •Auburn chose TLC for LED with BallTrackerTm technology,which proved far superior in player visibility and reduced glare c U The ResultWi Q ' •TLC for LED luminaire assemblies were successfully Y - retrofitted onto the stadium's poles M 0 v •Playability has been significantly enhanced o and glare has been virtually eliminated .. 3 w` •Musco's system technology ensures long-term reliability, and its long-term parts and labor warranty means (D E no maintenance concerns or costs for 25 years a 3 to fC Cot i nergy cut by 84 1 78 JID metric tons CarsoNthemadfor reduced oneyearC0lreduction equivalent E rEl �• • Hear from the coach and university staff,scan or visit n www.musco.com/news/auburn Packet Pg. 282 8.I.b University of Colorado Colorado Springs - Alpine Field Colorado Springs,Colorado,USA ' The Challenge • Eliminate glare spilling into nearby homes from another manufacturer's newly installed lights a� N .I- Utilize existing poles and overcome challenges of the 0 field's elevation atop a four-level parking garage Q •Maintain existing light levels and improve uniformity _ on the 85,000-square-foot multi-sport field z a� J The Solution •When the original manufacturer failed to resolve neighborhood complaints,UCCS reached out to Musco 0 CU •Within days of receiving the call Musco's engineers cU and project managers were on site k ,° L •A customized system featuring TLC for LED'technology was � designed and retrofitted onto Alpine Field's existing 90-foot poles U The Result m: Y •Glare in nearby homes was virtually eliminated,dropping r from 80,000-90,000 candela per fixture to 1,000. o v 0 -The system maintained the field's existing 30 N footcandles and greatly improved light uniformity _ •UCCS solidified its positive relationship with E homeowners in the Colorado Springs community L Q L d C� G g cot2?� nergy cut by 1.5 15.1 $6 Ymetric tons Carsofftheroadfor main53% reduced oneyearreuctoncos(1 _ E ' • r V. 4 Hear from the neighbors and university staff,scan or visit www.musco.com/news/alpine 0 Packet Pg. 283 • TM tal Light Control We believe in designing lighting solutions responsible to the needs - of everything being impacted—from facility owners and users,to neighbors and the night sky. The patented light control technology of TLC for LEDT'delivers a level of precision never before possible, re-directing previously wasted light onto the field and virtually eliminating glare and spill. L I Si{ f "Musco really responded. Their representative was here within days, we explained the problem and they engineered a solution using the four poles in the corners of the field using their LED technology." Gary Reynolds UCCS,Assistant Vice Chancellor for Administration Improved Efficien c Our TLC for LEDTI technology has helped retrofit customers reduce their energy consumption by as much as 80 percent. But when we talk about efficiency, it goes beyond energy—and dollars—saved. It's also about the efficiency of your lights, putting ' more on your field and spilling less around it.And it's about improving operations with streamlined scheduling and facility management. -A� a "The direction and control of the field lighting system is extremely efficient, there is a significant reduction of light spill onto the neighboring properties." Matt Finch Edmonds School District,Design&Construction Manager - - - ----------------- ------------------------------------ - ---______---_ �r - 8.I.b Edmonds School District Stadium Edmonds,Washington,USA The Challenge •Provide a high-quality lighting system that would help the district reduce energy consumption •Customize a retrofit system using existing roof-mounted structures on one side of the stadium n0i 0 •Reduce glare from spilling into the surrounding area while maintaining light levels on the field Q aM The Solution a� •Musco's TLC for LEDT" technology using two i custom-designed lighting systems a� iY •Light-Structure SystemTm complete from foundation- to-0 poletop was installed on one side,with SportsCluster System'retrofitted on the roof-mounted structures V L 0 •Took advantage of a $50,000 public utility L incentive for energy savings c 0 U The Result Q 0 •Energy consumption was reduced by 57 percent Y compared to the previous metal halide lights r - M O •A much whiter and more uniform light on the field with 0 the virtual elimination of glare and spill around it N •Efficient scheduling and system management with the 24/7 support of Control-Link® E m m L a L g cot i� Energy cut by 845 178 $158,917 Y metric tons Cars off the road for maintenance ne ear CO2reduction o reduced y cost saved (l0years) equivalent (10years) E V Q Packet Pg. 286 8.I.b Ken Pridgeon Stadium Houston,Texas,USA . I I The Challenge • Eliminate maintenance hassles and costs for the school district • Deliver a solution that would reduce operating costs through improved efficiency and maintenance N .I- 0 • Help position Cypress-Fairbanks Independent Z School District as the first all LED lighted high Q school athletic complex in the country E z The Solution 0' J •Musco'sTLC for LED'technology was retrofitted � at the stadium which was built in the 1970s c 0 •Solution included 10-year parts and labor warranty c 0 U L •Included guaranteed light levels for the duration of the warranty ,o ea The Result •School district will save more than $148,000 over 10 years between v the elimination of maintenance costs and energy efficiency Q G v •Will reduce CO2 emissions by 721 metric tons over the next decade o 0 •Eliminates the hassle of re-lamping and having to budget for maintenance expenses for 10 years v = d E d m L FEnergy 721 152 , 43,861 0 metric tons Carsoffthetoadfot maintenance reCiuced one year Cot reductio COSt SdVeCi (l0yean) equivalent (10—) Q V Y _ d E In • alone • S V y.1 a iMonitored and Taken more than Traveled enough mile2 lightsturned 000 calls answering servicing fields to circl, off remotely for questions and helping the equator 33 times more than 5 million with scheduling games and events I'i Packet Pg. 287 id Labor Warranty Throughout our history we've always stood by our solutions, and our customers. Our long-term warranty and product assurance program—which ranges from 10 to 25 years— includes guaranteed light levels,covers parts and labor, and is backed by a global team of • technicians. So when an issue with your system arises,you don't touch it, and you don't pay for it.And our Control-Link' system scheduling and monitoring service provides 24/7 support. 'Base. .� .... - - - - - - -- - - - - 1 4 "We're going from a maintenance agreement that was changing out bulbs. With the extended warranty that Musco provides, we won't be looking at doing any of that maintenance any time soon." Josh Solis Project Manager, Cypress-Fairbanks Independent School District park �1 ESitriN surear .- .. -x•- .a-�'•� .. F T T _.[ _- M i or Petco Park,Home of the San Diego Padres ':' ' ,r' -' f LakePoint Sporting Community,South Campus San Diego,California,USA ,. ; - �� —Emerson,Georgia,USA 4 �� r.r_,•:� �ems- n _ Kent-Stein Park - Seminole County S Corr Muscatine,Iowa,USA —Sanford,Florida .t I Steve Cox Memorial Park Waukesha North High School l� —Seattle,Washington,USA —Waukesha,Wisconsin,USA _ Packet • • I + 1 • IIA University of Alabama,Sewell-Thomas Stadium New Milford High School —Tuscaloosa,Alabama,USA —New Milford,Connecticut,USA ITT ---mj� 11I =ti iplex - 1 - �. , - 77 Clemson University,LoConte Family Field Capital University,Bernlohr Stadium University of Colorado Colorado Springs,Alpine — Clemson,South Carolina,USA —Columbus,Ohio,USA Field—Colorado Springs,Color-ri- 11CA Packet .g 290 8.I.b O t r� 7 Q t LM J N C O C O U L O V M L O U Q Unequaled performance Y for your budget,1 • 1 r M O O v to 3 C E d d L a L C� C Q U Y c d E t OOOO r mus We Make It Happen. www.musco.com e-mail:lighting@musco.com 02017 Musco Sports Lighting LLC M-2309-en04-3 U.S.and foreign patents issued and pending. Packet Pg. 291 dep • * - :ik hoe sly aSdS si ti!e�! t. ' ' � � + � - r- tk •+ram j-06 ���w ,��� � ., �.'�.� -;-�-� -•--gym - �}-4- -' -•: .+- r:��' '.�-.- ----�- :-:;.�-� - ' + - rk IL pr Y ■4 — Lk r e► ! • - # ` 14L �� f ..- Z �. w A F k { ► Pj _ ` , "'SIR►',MA ` t1 ► 1 :. Poo 46. Ilk Packet �i , . 8.I.b A NEW ERA for Indoor Sports Lighting Across the country,more and more indoor sports venues are transitioning to - LED lighting as it becomes an affordable,higher quality solution. And what they're discovering is that the quality of LED lighting is only as good as the system that applies it. m N At Musco,we've applied more than 40 years of experience in light and glare z control to develop ourTLC for LED''--a revolutionary innovation that realizes the Q potential of the LED source in ways non-system fixtures simply can't. _ - �� Virtually Eliminates Glare aM Patented light control technology virtually eliminates glare from impacting players,spectators,and television broadcasts. .a - c Improves Energy Efficiency 0, wv Indoor venues,which use lights for thousands of hours per year,dramatically reduce energy v consumption to the point where those savings ultimately pay for the system itself. `o M Enhances Entertainment Experience W f Integration with DMX boards helps arenas take the entertainment V experience for players and fans to the next level. Q 0 U Y Backed by a Long-Term Parts and Labor Warranty M No worrying about 0 maintenance,or paying for it,for anywhere from 10 to 25 years. 0 "Musco has delivered. The LED installation was on time and within budget,but most importantly has provided a product that will undeniably provide an improved viewing experience during Carolina Hurricanes hockey and N.C.State men's basketball games." as L -Dave Olsen, Executive V.P.&G.M. of PNCArena 01 a L C� C Q U Y c d 0000 mus We Make It Happen, Packet Pg. 294 8.I.b Amway Center — Home of the Orlando Magic Orlando, Florida,USA The Challenge •Install an LED lighting system that would strengthen the Amway Center's reputation for offering an unmatched fan experience m N •Customize a system that will be in keeping with the arena's o commitment to energy efficiency and sustainability ' Q •Improve playability for athletes,while improving visibility for spectators and TV broadcasts E z aM The Solution a •Leaders with the Orlando Magic organization and the city of Orlando chose to partner with Musco,which has installed its LED technology at a number of NBA arenas -The new lighting featured Musco's SportsCluster®system c with TLC for LED'technology with patented glare control Jq L •System solution with lighting,structural,and c 0 electrical components and interface capabilities U with the arena's DMX control board Q 0 (U Y The Result r '0000m%4%, Light Control Glare throughout the arena W was virtually eliminated,creating a stage-like 0 It atmosphere for players and spectators 00 Improved Broadcasts—New special effects lighting possibilities were created,and HD broadcasts were enhanced with the system's L ability to eliminate the"flicker"effect "' Q L Energy Efficiency—Energy consumption was cut i n 60 percent,and a 10-year parts and labor warranty �• eliminated maintenance costs for the next decade Q { z r x• it Packet Pg. 295 NTLr 000 vow • sue- v� I - ��Piles ,% C 7. #4'• ti w, yl+ 'x r • OA 44 7!: ram^ vim, y u Q. } 94 '4 .►� _4 J. Ilk f � POW �.' "The City of Orlando is leading by example by making energy efficiency k improvements to our own facilities. These improvements will not only save our taxpayers money, but they will also make a significant impact to our community by creating a more sustainable environment for future generations to come." -Buddy Dyer,Mayor, City of Orlando r. r . '�t Yr [�iY?�K d •� AM,&PERAMEF::- 3�IE �Itu9C�EliuNL 'RIPFi�S . * � �} Jul � zip iiV 1� ! I� I 8.I.b Xcel Energy Center — Home of the Minnesota Wild Saint Paul,Minnesota, USA The Challenge { •Install a state-of-the-art LED lighting system in time for the Minnesota Wild's 2016 season opener m N •Deliver a customized solution that will meet the o NHL's new light quality standards,as well as the lighting needs of concerts and other events Q a� •Improve the arena's energy efficiency and enhance the z entertainment experience for spectators and TV broadcasts a� _ J :ki"v The Solution -� •Project leaders at the Xcel Energy Center partnered with Musco,which has installed its LED system technology ► -- - at an impressive list of NHL and NBA arenas �j `o •Musco installed its SportsCluster®system with TLC for LED' technology featuring patented optics and glare control M c 0 F� •System included lighting,structural,and electrical t� components designed to work together and was p retrofitted onto the arena's existing support structures Y r The Result OVisibility—Musco's TLC for LED technology 0 virtually eliminated glare from affecting vL)i players and spectators in the arena - c Special Effects—Color-changing E luminaires and interface capabilities with 4) the arena's DMX control board created new fX special effects lighting opportunities , Energy Efficiency—Energy consumption was cut 63 percent,and a 10-year parts and labor warranty p eliminated maintenance costs for the next decade Y c E z `5 l � � F ` i r Packet Pg. 298 8.I.b University of Arizona, McKale Center Tucson,Arizona,USA The Challenge •Install a state-of-the-art LED lighting system that will enhance the experience for players and fans •Meet the unique lighting needs of a variety of University of Arizona athletic programs including o basketball,gymnastics,and volleyball a •Improve energy efficiency and the quality of HD broadcasts,while eliminating maintenance costs vk blon — a� The Solution d a� •In partnership with other contractors the University selected Musco,which has installed its LED c technology at several major college arenas ea v •Musco installed its SportsCluster®system with c TLC for LED'technology which was retrofitted � onto the arena's existing support structures 0 •System included lighting,structural,and electrical v Q components designed to work together and was custom- o U engineered to meet the needs of several indoor sports Y M The Result 46 OVisibility—Glare at the McKale Center was virtually o eliminated,improving playability for student- athletes and the viewing experience for spectators 06)) Better Broadcasts—Light quality for HD ' y broadcasts was significantly improved,along L with new possibilities for special effects Q - L lighting creating a stage-like atmosphere , ? N Zero Maintenance—Energy consumption a was cut 60 percent at full power and 80 0 percent with dimming controls,and a 10- Y year parts and labor warranty eliminated = m maintenance costs for the University s ea Hear from the coach and 13 71 Q _ r� r �� Packet Pg. 299 5 — ; 'd ' A v- 412001 WE • •r.�++ to r?'�?� T^h� SSSSSS i+I 1+1 rt .�f►��' ` r L4 - v_. #t 'r Yki Ji * if +T r 'f+ •* �y. Y ti +_ P0WIEFkl�'IG THE SiUILDCATS 1 i t a + w W - i� A ,,We received a state-of-the-art LED lighting system that is dimmable and allows for an immediate on/off feature that enhances our entertainment value for the venue while saving us 60-80%annually on energy bills.Additionally, we can use the system in a variety of ways and set the controls to work for both national TV broadcasts and every day activities." -Suzy Mason Senior Associate Athletic Director Event,Facilities,and Operations University of Arizona — Packet Pg. 00 r - 1 • �. L — f - Ilk NO !f, _ 11Aft .7 Ap; Vol f, ON 41 JAL Ilk mpp ,�.. dt ,,r, _ Np IN f '� • � � ti -fit,� ` �� � � '� �� � � 1 1 + ti 'y i r • ► 4 et ti5 op , . vp � r } � f �� of The Ford Center at The Star Frisco,Texas,USA The Challenge •Help the Dallas Cowboys achieve sustainability and performance goals at its$1 billion practice facility •Custom design a system that will deliver the best possible light quality on the field N `o •Ensure long-term reliability and eliminate _ Q maintenance concerns and costs ' a� c The Solution y- M ~ J _ - •After having Musco's LED technology installed at AT&T Stadium the organization again decided to partner with the company for the practice facility project c _ 0 •Musco's SportsCluster®System with TLC for LED' V technology was installed at the Ford Center at the Star `o -The system technology easily adapts to the i -- — - facility's unique architectural environment,virtually o eliminates glare,and is energy efficient v Q 0 The Result Y y OVisibility—Musco's patented glare M control technology delivers a uniform light to the field while virtually eliminating O L) glare from impacting the players N Energy Efficiency—Energy consumption was cut 56 percent compared to typical E - metal halide equipment,and CO2 was L - reduced by 502 metric tons over 10 years a _ L Cost Effective—Musco's 10-year parts and N R labor warranty eliminated maintenance costs, Q and the 10-year cost of ownership for the v Cowboys was reduced by more than $144,000 Y c d E c� r Q Packet Pg. 302 � r t�om M1� . Michigan State University, Munn Ice Arena East Lansing,Michigan, USA • Light: 200 vertical footcandles (2200 lux) +60% Energy: 70 kW-79% Operating Cost: $7/hour • Ex p I Kansas State University, Bramlage Coliseum Manhattan, Kansas, USA • Light: 125 vertical footcandles (1250 lux) Energy: 25.5 kW-64% � Operating Cost: 2.55/hour M +} � w ` `^� • 49*" l _ it Packet .v • 303 Wal- � - - . _ - 5 I 3� 1_q � ram, -~ • 'T ,�..4 �� i MP 37 . University of Iowa, Carver Hawkeye Arena Iowa City,Iowa,USA • Light: 145 vertical footcandles (1450 lux) Energy:46.4 kW-55% Operating Cost: $4.64/hour University of Texas at Austin, _ Jamail Swimming Center Austin,Texas, USA • Light: 125 vertical footcandles (1250 lux) +67% .y t # Energy: 74.9 kW-38% Operating Cost: $7.49/hour jr I i 1 r , W�w .. i'•A 2 r:roll aC- Moir J. Jkl it ' 1 ;. � {.- _ .4 { :5r a` .` ,�rye► -iL _ rt4�+ r 1 - Lp •�• Or AT&T Center — �„ „� i 7% 491 IL t Home of the San Antonio Spurs �' Pw 4. Y R L+ .. ` ,,� .r = , San Antonio,Texas, USA * ' �� W�I : , Light: 145 vertical footcandles (1450 lux) Energy: 124 kW-78% ., Operating Cost: $7.24/hour s►c n4 MM"M Golden 1 Center .- Home of the Sacramento Kings - YmET UWN ' � ! Sacramento,California, USA 'r Light: 145 vertical footcandles (1450 lux) Energy: 72.4 kW-76% Operating Cost: $7.24/hour 071 .�FF! ,}-� f}' ; _' .� sIt �. .: `� ` +►���' ; �'' jT � fir. ♦ + �J _ — + " �+ is a a bcr 4-Whw • '�I pol - l� �, l { Packet Pg. 305 '•�_,_���r-` � �• �� rf �}I _ •• a .�" # r Tom. - �� t FA --- woo ; • • PNC Arena — Home of the Carolina Hurricanes Raleigh, North Carolina, USA i Light: 125 vertical footcandles (1250 lux) Energy: 77 kW-74% Operating Cost: $7.70/hour Mercedes-Benz Superdome — Home of the New Orleans Saints New Orleans, Louisiana, USA • Light: 200 vertical footcandles (2000 lux) Energy:439 kW-82% # Operating Cost: $43.90/hour _ AR i~ J. ,ter c Win+ � . � �• *. Orr Packet • 306 I 8.I.b 0 z aM J N C O C O U L O V M L a O U Q Unequaled performance Y for your budget, for the environment. r M O O v N 3 C E d d L a L C� C Q U Y c d E t OOOO r mus We Make It Happen. WWW.MUSCO.COM e-mail:lighting@musco.com 02015,2017 Musco Sports Lighting LLC-M-1767-en US-3 U.S.and foreign patents issued and pending. Packet Pg. 307 Musco Control Solutions 24/7/365 monitoring and support Control-Link. control and monitoring system Show.Light'" entertainment package Babe Ruth Field 2[Color] MAW • o � mus . . 308 8.I.b How can controls enhance your facility? Making Facility Management • = Remote on/off scheduling for easy control from anywhere Easy Since 1999 xett�iluM R.er..tlen F.clllry �� t i.r.�•.ae�. P. N The most innovative solutions are developed in response to real-world problems.In ❑ Dimming(3 levels) 0 • saves energy for practice and other activities 1999 Musco introduced Control-Link®as a first-of-its-kind light management system • Q to help customers who were getting calls from neighbors at 2 a.m.about lights r left on,to help cut energy costs,and save staff time. ❑ System monitoring a, alerts Musco of any issues a� a� Since that first introduction,Musco has installed thousands of control systems R from fully automated unmanned recreational sites to complex theatrical solutions Predesigned light shows 0, for many of the largest stadiums in the world. add excitement to events CU U 0 Anytime,Anywhere...Control-Link management tools allow you to access and ❑ Color accent option `�L° manage your lights instantly,from anywhere via a cellular internet connection. to highlight poles and other structures - c - Q A Real, Live Voice...Control-Link Central...team will monitor,schedule,and help _ v Y manage your lights 24/7/365,and a real live voice will be on the other end of the Custom-choreographed light shows precisely timed to music M phone when you call. I 0 Factory Wired,Programmed,and Tested...our unique system approach _ _ g streamlines installation and assures that your controls,from basic on/off to - professional level light shows,will be ready to work on day one. - -- - d d Q _ G a �--— E s 5.8 million 3609000 Q schedules managed calls fielded to assist and monitored by our customers last year Control-Link Central— • � • • Team last year • • ' • • ' z Packet Pg. 309 — rL'w-r x+l�s. fay Efi.:i.�.a rai-.r�di:'�. - o4�e•.Ln•_ z--�..3_ 8.I.b Control-Link. Control Flexible Control, Solid Management and Monitoring System Remote on/off scheduling for easy control from anywhere Your Control-Link®control and monitoring system offers efficient,cost-effective tools that are both cutting-edge --: Dimming(3 levels) and simple to use. saves energy for practice - - and other activities N Musco will have your back 24/7/365 to ensure your 0 lights are only on when needed, keeping neighbors and System monitoring Q taxpayers happy. Because more than anything,it's about alerts Musco of any issues , a) your peace of mind. c r Includes Musco's management tools— a] The Control-Link system provides comprehensive Enter schedules up to 10 years in advance. user securities,usage tracking, J scheduling assistance,system monitoring,secure facility status dashboard,and reports password-protected access,automated equipment control.unK control systern Includes Control-Link Central''"support = controls,and valuable usage data. �. a pp o team—available 24171365 >+ Hum, N r,iliiy Wiioveiiin ii, ft p 1. A&fl. H,lu L1 CU Flexible and Reliable...remote scheduling and ° controls mean no more staffing headaches,tracking r.d�y.IL,,,rP+ o,rn,d J ems«h°m 611 12,"7 0 multiple sets of keys,or late-night hours being on-site ;, ;' 0 CU to turn your lights off. 1xw[I. Ew°wN - C Q �m a, 24/7/365 Monitoring...ourTeam will monitor your I: systems performance at the luminaire level,so if an issue arises we'll likely know about it before you do. .„ -- Dashboard tracking allows you to seethe operation and service status of your fields. M Better for Your Budget...automated operation of your lights,as well as three levels of dimming that come o a sr MLISCG COr11 rOl-Linz usage Report(Auto Only) U — standard,will reduce energy consumption and cut By Facility.Feld - I, ' C s Usage Type of Light Usage - staffing costs. june.2019 _- - — - Data You Can Use...we'll help create usage reports summa Facill Total Hours Saved __`___ Facifil Total Aulo Hours Usage fr E rl and analytics for your facilities from the extensive covey 112:50 �:� - Nntiar 64:53 28:46 - data we store,which will help improve operational GarlandFarkiel 49:48 - Q Herschel Field 256:<7 28:05 L efficiencies and future .lannin p g Total: 484:18 72:59 CA - ca summary Faclity,,Fleld TOldl HpurS Saved Facilityy Field Total Auto Hours Usage from Early Oils CovAey BgSehall 63_04 17:06 Cowley Basketball 49:46 0-00 Y Control-Link Central database stores usage data by field and user group. C N E t U ""In thepast,a light could've gone out and ourguys wouldn'tsee itfor two to three weeks or untila wholepole went dark.Now if one light goes out we get an e-mail notice immediately from Musco's Control-Link Central." Chuck Vones,Parks and Recreation Director r r Q R Pembroke Pines,Florida 4 Packet Pg. 310 8.I.b Show-Light" Big Time Light Shows at Hometown Fields Entertainment Package Remote on/off scheduling for easy control from anywhere Our Show-Light''entertainment package provides a cost-effective way for you to bring professional light Dimming(3 levels) shows to your facility. From pre-game introductions,to saves energy for practice and halftime shows,to celebrating big plays and big wins,this other activities L special effects lighting will energize players and fans and r take your game atmosphere to a new level. System monitoring Q alerts Musco of any issues , a) Special effects light shows aren'tjust for the pros anymore. _ Predesigned light shows a) Musco's Show-Light technology utilizes instant on/off add excitement to events and the advanced control capabilities of LED, is easy to use,and delivers both predesigned and customized light DV*"* Color accent option R shows. to highlight poles and other structures = 0 Set the Scene...you'll get preprogrammed light Includes industrial grade touchscreen U shows that will set the scene and excite players and fans -- tablet for easy control through the entire game night experience. — Includes Control-Link Central''support Plenty of Options...you can choose from Musco's team—available 24/7/365 0 Optional color accent lighting highlights U library of light shows or work with our design engineers poles or other structures. — o to create customized shows and scenes. _ v 0 0See West Des Moines Valley Highr• As Easy as a Touchscreen...you'll be provided an r - School'sc� industrial grade 15-inch smart device with touchscreen * " ' ,,,,,,••w 0 .. to start and stop shows,select dimming levels,and adjust 0 optional accent colors. TTTITTIT ■ Reliable and Versatile...your light shows will be stored on site and backed up at Control-Link Central'' {Be®" ' E data center. as a� Color Changing Technology Option...by adding a `m optional color changing luminaires you can enhance With optional color changing luminaires you can choose shows with pops of color,color wash,or accent lighting. from over 100 color options to show your team color, highlight special events,or enhance light shows. U Y m "The people Musco has answering the • • and E adjusting the schedule .are the most • and a_ ea accommodating . any phone service I have ever _.. .. -- IF called They are a professional,the service could not be better."' Mark Buggins,Head Baseball Coach(retired) Sitka High School f . Ak -AL Packet Pg. 311 �. ii 8.I.b Show/Light+TM Take Your Light Shows to the Next Level Entertainment Package Remote on/off scheduling for easy control from anywhere With our Show-Light+'entertainment package,you'll tap into advanced customization capabilities and more Dimming(3 levels) complex light shows that incorporate music along with saves energy for practice and the special effects lighting.The Show-Light+system is other activities L easy to use and will provide an even more memorable game night experience. b System monitoring Q alerts Musco of any issues , Light and sound shows that mirror what's seen at the _ biggest and best professional stadiums. Predesigned light shows add excitement to events The equipment you'll be supplied with,and the light Musco's field lighting shows can interface with your separate controller for other show features,such as pyrotechnics. shows it will deliver,are exactly the same as what we Color accent option provide our NFL,MLB, NBA,and NHL customers. to highlight poles and other structures o c Light and Sound...in addition to the Custom-choreographed light shows U preprogrammed light shows from the base �'� "'wi' precisely timed to music ,o Show-Light package,you'll get three shows with lights synchronized to your music for an ' IncludesDMXcontrollerand cue server amazing visual and audio experience. v Includes Control-Link Central'"'support Q Easy to Use...for each light show Musco's design team—available 24/7/365 Y engineers will align lighting cues with audio files played through an on-site server,you just start and o stop the shows with an easy-to-use touchscreen 00 device. See Southampton'so Y 0- in action. Streamlined Solution...if you already have a DMX system,Show-Light+equipment will act as a fully integrated extension of that system. L Light shows are operated via an easy-to-use touch screen. - Q L d y., CC� fan reactionhas beengreat. look for thelights0 I be as muchI an entertainmentas do game.fireworks—seventh inning stretch, when we hit a ? ilk home run, when we win the I I / loves it, -: particularly I lights flashand dance 1 the music.' Sam •' President&General Manager r. Iowa Cubs Musco's light show programming specialists will custom time shows to your music. AF Packet Pg. 312 8.I.b Wireless Communication Remote mounted Innovative Streamlined Co m m u n i ca b o n s An optional wireless mesh network is available antenna / depending on your project requirements r• Managed by OurTeam 24/ 7/365 0�'�. Each component of the Control-Link®system Is designed,factory built and tested for seamless operation and Integration i, Digital cellularantenna with your lighting system. Proven Technology,Innovated...Musco's advanced powerline communication technology provides robust control Wireless `0 and monitoring for the system. antenna Electrical distribution Reliable Installation and Operation...no added communication cable installation costs. Lights may be scheduled panel 0 Q ° Control and � remotely or operated manually on site with a key switch. monitoring Safety Features...electricity is only on when the system is in use,with built-infusing and surge protection. aM J Monitoring and Support...our Control-Link CentralT'Team monitors your system 24/7/365 to ensure schedules a, execute and to provide assistance. c 0 Powerline Communication System- Usessupplywiringforcontrol commands and monitoring feedback 0000 L 0 V L 0 U r •• • ILL M •• O • Digital antenna O i -; '� Transformer v or �•f ��� E Electrical a) panel distribution. 4) � ° Control and y monitoring N U MCI Ground Y (D E t 1) Enter schedules at your convenience 2) Control-Link CentralTm data center routes schedules, 3) Schedules are stored on-site 4) Equipment is controlled 5) Continuous monitoring r Based on security levels,users schedule field lighting and other with 24/7/365 team member monitoring support Schedules are transmitted to your automatically with on-site Entire system is monitored during Q Schedules are received,routed to our site,and backed show controls equipment such as door locks,concession stands,and security Y facility via cellular technology and operation and the Control-Link Central lights from any location via website,smartphone app,or up at the Control-Link Central data center,where our staff stored in the on-site equipment Lights are operated per your schedules team is notified of any issues. phone call. provides scheduling support and verification,and monitors controller. via Musco's Powerline Communication your lighting system operation. System technology.You can control optional Show-Light'features with the on-site tablet. 10 Packet Pg. 313 _ c (13 CIO Unequaled performance . . . for your budget, for the environment. . - � •�'yf.: ::•.I'JV`j;.Y jJ� ��,�':�.• � ..y„ V.{',.�;'!';j.• �5,.� 1t'fr:V 1•.r '1.'�.. 1.1 .. •'•'A i' '.''r.'' l��•�{ V& •i�''� ..,.•fl i�4 J G,NRV, �V ,y T'r.�n.Lri'., =�}'� i•'. �i 4. ! [ d yr. 'iY��d�:i .rp`���1 �...,��ti 7 .1 t " S + I• ' .?i �'P�'•.ii i'.H�.. '.�l� •}A"5- .�'f�'�r.tis'..�is. '.S 1�V,�1'.+ ft ���:.i ''r�` •�r...r l+�j6':r...r� 1i ,'�'�•' ,ft•�"•i.r::n1 �` r:�9 l`1� r'•n,?••i��'''I•:�•F��....i�': .� .. ... .Y;�! .��':i� �,�,1:`.t'��;f I. �4' i't.>r1:'`:;jy}! .ykl�.� _ •.M l.y>...�.. .l'� •I�.� ,.y. � 1._ �.'I•' i. .,rr'� ��4Y���i•, ,�y� ��i'�.rv.i, ••�{�C.1 .i�5 r.lri 'ibe• i.�!,�. rs.r•:'., F'�j�' tir. XL'• .•A. k'. fl,[ `�•�g ss 4•r.�a;.�ii':�:i�,,;,. k i �;�, r�..rr:�.,.l,u• r..: .1,.�+r,'. t rt{•..1s•..s,:�,„f.k:• �' 'l .. n•i+ ��4':?'.�Yir~ ` 1�,;.77 '$. ,,� `` �'$ /.'^.•ar. r. .�'+...,IFr• :1'k':..'('.r' .. 4 r r s '✓, r 4 .'�; '�;' . ..iy.., 1� r ] r• :1` ':�r 'I•yr r•f�1 r[ 1' r ! Ta •fl �' '!' it �A gy�pp,, i� �• [' r r' :�Ir �'I. 1 •.a - .,1 i� L1 YI S•. Y 1 1 1 y '•p , F mus 4w We Make It Happen www.musco.com r= e-mail:lighting@musco.com . .• '91998;2020 Musco Sports Lighting LLC+M-1546-enUS-15 1 , All trademarks are property of Musco Corporation.U.S.and foreign patents issued-and pending. Packet Pg. 314 t .;/ r Mini-Pitch Systenfm MODULAR SPORTS SOLUTION 14 L r T, ® 0000 mus o SOCCER FOUNDATION We Make It Happen 8.I.b The Mini-Pitch System" modular sports solution has an innovative, all-in-one design to help communities create aw fun and active play spaces by revitalizing public areas. �. Created to assist the U.S.Soccer Foundation in �'! c providing safer places to play the game,the Mini- Pitch System is ideal for transforming abandoned N J.,IL courts and other underutilized areas into places where .a children and families can come together in the spirit c0�0 of teamwork,empowerment,and physical activity.The 3ull '� �,, N system supports the Foundation's It's Everyone's Game ��� �• v E "" movement to ensure that all children have access to `o the game and its many benefits. - c . Complete ■ The mini-pitch comes as a modular system complete V with lighting,fencing,goals,benches,ADA-compliant Y access,and lockable storage. Cl) 0 Convenient Assembly can be done by a three-person 3 crew in approximately 16 hours. m E Customizable L You'll have options on the size of your pitch and Q L d custom signage.Acrylic surfacing is provided and M can be color customized. Q G U Y c d E t v Q Packet Pg. 316 . - T—JL: TI IN r f _ 1 �..- ,� � � ■ � ■ s 6- Mom' now . ■ - _ � � din Eggs PR w a� r UT Y M O s O v N 3 _ N d N L -now All L C Q U Y a� E t v Q / I / 11 I / / / I / I • 3 Packet Pg. 317 8.I.b Lighting control syt' i Complete System with 24/7 support The Mini-Pitch System—modular sports solution includes lighting,structural,and electrical components designed and engineered to work together for streamlined installation and reliable operation. N L ADA-compliant access 0 • Factory-built,wired,aimed,and tested. Q • Fast,trouble-free installation. z a� • Rugged reliability,designed to be long-lasting m ) 9g Y 9 9- 9� � all weather conditions and atop all surfaces. -a R c • 10-year warranty covers all parts and labor. >°, c v TLC for LED' Lighting `o Enjoy the benefits of the LED sports lighting U L technology of choice at venues around the world. c U • Custom optics create a more uniform distribution p of light for better visibility. 1 r M • Patented glare control preserves darkness around your pitch,keeping neighbors happy. • Instant on/off and energy efficient operation. 7 c m Control-Link' Service 1 L Your system will be supported by Musco's ■■•�^•••� Control-Link control system. s' m` til1�;s1� • Manage your lights instantly,from anywhere, with a touch of a smartphone. U Y • 24/7 support from the Musco Team includes troubleshooting and scheduling assistance. r • Get a real,live voice on the other end of the Galvanize Q eel phone anytime you call Control-Link Central" and struc- service center. Packet Pg. 318 Energy efficient,neighbor TLC for D° lighting goals SO __ Lockable storage Benches 10-Year Parts and Labor Warranty = fencing With Musco's long-term parts and labor warranty,you'll have the peace of mind in knowing that you won't have to pay for maintenance of your Mini-Pitch SystemT`" • No maintenance costs for the next decade. • Every part and all labor covered. • Supported by Musco's regionally-based technicians. Separate playing surface warranty is provided by the surface contractor. 8.I.b Your Pitch, Your Way The Mini-Pitch System''modular sports solution gives you customization options with the ability to combine any of the below widths and lengths to meet your exact needs. a� N 40 ft x 84 ft o 12mx25m 50ftx104ft 15mx32m 60ftx120ft Q 18mx36m t aM J N C O C cC U L 0 76 ft x 84 ft 23mx25m c 0 96 ft x 104 ft U 29mx32m p U 116ftx 120ft Y 35mx36m r 40 ft(12 m) 50 ft(15 m) M 60 ft(18 m) G 120 ft(36 m) 120 ft(36 m) V 120 ft(36 m) 40 ft(12 m) to 50 ft(15 m) 3 104 ft(32 m) 60 ft(18 m) 104 ft(32 m) 40 ft(12 m)� N 104 k(32 m) 84 ft(25 m) 50 ft(15 m) d L 60ft(18 m) 84 ft(25 m) Q L 84 ft(25 m) d to t4 Q U Y a� E u r rqIIISunrise Park,Pleasant Hill,Iowa,USA ■ Packet Pg. 320 i _ _ --- City of Des Moines,Des Moines,Iowa,.USA w _ rdt o� J - f H • t 0/d I!%J7/•I+I/I%y?Iy1JyfLj JIdJ+1.d i Jg7a 1. P .rgT7 dg del 0a����dgl �l •b Capitol Hill Middle School,Oklahoma City,Oklahoma,USA i - f . 1 1 � 1 1 1 / � 1 1 1 � +f r r r r 1 � 1 V appen, e-mail:lighting@musco.com e-mail:info@ussoccerfoundation.org 02019,2021 Musco Sports Lighting LLC•M-3208-enUS-6 U.S.and foreign patents issued and pending. US Soccer Foundation is a registered trademark in the United States to United States Soccer Foundation. Hometown Sports Broadcasting Made Simple TM Simple • Reliable • Cost-effective n a! n _ K • Tk — I gwl wei� i i � �3q U . r MUSCOVISIOW Automated Sports Broadcasting 8.I.b rM Now you can provide a hassle-free video solution for your facility to keep fans connected even when they can't be there in person ...making your fields more desirable for games and providing additional revenue potential. The MuscoVisionT"system packages all components you need to capture,produce and distribute a professional-quality video solution.Covered by a 5-year warranty that includes all parts and labor. a� N O Capture-Complete system in 5 Easy Pieces" O3 a • Includes camera,structures,and electrical-foundation to poletop • Factory assembled,wired and tested for reliability-UL Listed E z • Saves installation time and assures compatibility is J N 0) C O C O - � _data Connection `p a O " U Q U Y r M O • O V N 7 C i N d L Q L C� C a U Y Produce- Built-in intelligence automates production • No on-site staff needed E t • Detects game play and starts the high definition video stream r • Knows how each sport is played and selects camera shots based on game action- a emulates the sequence and cadence of a national broadcast r � r s� Center Field Backstop Center Field Backstop Packet Pg. 324 8.I.b Hometown sports broadcasting made Connect-Custom-designed communication system • On-site network designed and supplied by Musco p z • Customer provides internet to the site Q • Schedule broadcast from anywhere via phone,website or app a� • Monitoring and support provided 24/7/365—always ready to play W z aM J N 0) ::::• [ O Scan code to see MuscoVision in action L O V L O Q 0 Y r M O O v 3 r � �l E L Diam a L • • SportsCAMERA SWITCHES BASED d ON THE GAME Vl fC solo Q Y c a� E t v r Q Distribute- Easy and fun to watch for fans, coaches, players 00 0 • Watch and download live and on-demand recorded video via website,app,or Smart TV • Viewing features include tagging,clipping highlights and sharing via social media • Flexible subscription options-Musco handles the payment transaction,providing you reports and revenue payments Packet Pg. 325 — — AC; -fart•�7 jy l �. f yr �- �. r � � �� " ' �•� IMF r r - - . _ 5 Easy PiecesTM Foundation-to-poletop system Automated Sports Broadcasting 5. Poletop Camera Assembly Custom designed for your - facility,each piece of the 4.Wire Harness system is engineered to work together.This single source approach for camera, 3. Electrical Components Enclosure structural,electrical,and control components delivers 2. Pole consistent results. 1. Base Occe mus JS2�' We Make It Happen, ©2020 Musco Sports Lighting,LLC U.S.and foreign patent(s)issued and pending-M-3836-e Exl 8•i•b Musco's Controlsi Lighting Services Teams UNEQUALED. ACCESSIBLE. KNOWLEDGABLE. ACCOUNTABLE. Over 160 team members dedicated to operating and maintaining your sports lighting Control-Link CentralTM • (877) 347-3319 _ www.,-ontrol-link.com • schedule@musco.com • FAX (800) 853-8847 N L • Staffed 24/7 with several easy ways to contact use°, • Trained operators provide scheduling and reporting assistance and one-on-one phone training ' • Conducts proactive nightly tests to assure your control system is operating properly, Q even when the lights aren't in use • Easy access to field usage data z • Field operation monitoring 0 J N "We strive to provide a level of service where every customer reaches a live operator, rather than a voice mail system, when they call in. We can make your last 0, minute schedule changes happen in just a few minutes." —Mike Mason, Control-Link Manager ci 0 E U Lighting Services Team • (800) 825-6020 warrarity@musco.com • FAX (888) 397-8736 0 t) • Trained technicians specializing in sports lighting provide field maintenance,warranty work, o consulting,and temporary lighting Y • Regionally based to effectively provide lighting services in every state plus a network of over 1800 contractors M T • Ongoing field inspection program 0 0 "Our technicians have an unequaled expertise in sports N lighting. With our field monitoring, we'll contact you within one business day of detecting a fixture outage on your field. . . often before you even know about it." E —Jeff McNulty, Director of Field Operations a� Q L ■�Q z — E U Control-Link Central operators oversee the on/off Our lighting services team travels over 1 million Each year,Musco technicians work atop a control of over 22,000 fields each month and have miles each year. They inspect,fine tune,or provide combined total of 318 miles of poles to ensure experience with controlling over 4 million schedules yearly maintenance on more than 11,000 fields and trouble-free operation for customers. That's the per year. supply temporary lighting for over 250 hours of live equivalent of climbing to the summit of Mount television broadcasts annually. Everest...58 times. Specific funds are set aside to provide solid financial resources to fulfill the maintenance and warranty needs for every Musco Lighting project. Musco Service ... We Make It Happen® ©2005,2017 Musco Sports Lighting,LLC Patent Pending I Packet Pg. 327 8.I.b D. . TLC for LED' Poletop Luminaire Assembly o 5 Easy PiecesTM 3 Complete System from Foundation to Poletop h h d Factory wired,aimed,and tested Fast,trouble-free installation °,, Comprehensive corrosion package Wire Harness L Integrated lightning ground L U Q U Y T_ M O 7T_ Electrical Components O Enclosure w _ E a L Galvanized Steel Pole Q 0 U Y _ d E s v w Q Precast Concrete Base TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. 02015,2019 Musco Sports Lighting,LLC - U.S.and foreign patent(s)issued and pending. - M-2214-en04-3 musco Packet Pg. 328 8.I.b D. MENEM 5 Easy Pieces" TLC for LED' - Precast Concrete Base Overview The precast concrete base is set directly into the ground and backfilled with concrete.The base includes an integrated lightning ground system. N � L 0 Features a Base • Set pole on base in 24 hours • Tapered upper section for slip-fit steel pole aP J a • Access holes for wire entry • Epoxy-coated ends prevent water intrusion tY ° • Lifting hole accepts load-rated steel rod provided o by Musco Wi ca Integrated Lightning Ground System ci 9 9 J Y F1 0 • Complies with NFPA 780,UL 96A,and EN 62305 standards w when installed p ca er Musco installation instructions ..r �I • UL Listed,Class II Lightning Protection, o file number E337467 tU • Tested up to 100 kA by independent laboratory tU • Steel pole interfaces with integrated grounding system by Y means of the pole grounding connector r M O • 2/0 AWG crossectional area of 67.4 mm2 grounding v g g electrode conductor 0 0 Concrete-encased grounding electrode 20 feet 6.1 m g g total length, /2 inch 12.7 mm diameter Technical Specifications E Base dimensions vary.For measurements refer to project-specific iv ° Foundation and Pole Assembly drawing. a Construction v M • Spun concrete construction Q • Prestressed steel vertical strands and coil spiral for o strength throughout base Y • Minimum design strength is 9500 Wine(65.5 MPa)at 28 days d ° • Meets ASTM C1804 design requirements E 10 s ♦♦♦ Quality Assurance Tests Q • 28-day compressive strength • Bending moment capacity • Grounding system continuity TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. 02012,2019 Musco Sports Lighting,LLC - U.S.patents issued. - M-2215-en04-3 musco Packet Pg. 329 8.I.b D. MENEM 5 Easy Pieces"TLC for LED' - Precast Concrete Base Wi reway Pole grounding connector a� Pole ID 1'1 L O Steel y Tapered upper reinforcement a� section for J slip-fit steel pole c Handhole Lifting hole ",' U v Grounding electrode conductor O U U Compacted ,Y dirt fill r top 2 ft(0.6 m)` c • Conduit adapter plate O t� rn Wire access hole Concrete backfill* . c Integrated E E grounding electrode aa) Q `m N f� Q U Y c d E s v m r Q `Standard pier foundation shown.Foundation and/or backfill may vary per alternate foundation design. OC^^/1 TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. XD/��) 02012,2019 Musco Sports Lighting,LLC U.S.patents issued. M-2215-en04-3 MUSCO� Packet Pg. 330 2 8.I.b D. 2 TLC for LED' - Galvanized Steel Pole 5 Easy Pieces" Overview The galvanized steel pole is designed to slip-fit together with the precast concrete base and the poletop luminaire assembly. a� , N Features o s • Slip-fit connection allows pole assembly with come-alongs Q • Built-in hardware for attaching electrical components ' enclosure = • Wire access from inside the pole(no exposed wiring or aP o conduit) J a� • Shipped in sections for easier handling • Labeled with pole identification for location on field 0 c� Technical Specifications L) Pole dimensions vary.For measurements refer to project w specific pole configuration drawing. Construction o • Pole designs comply with all major building codes Q • High strength,low alloy,tapered,round steel pole Y • Hot-dip galvanizing inside and outside after fabrication meets ASTM-Al23 and EN 1461 standards c • Conforms to AASHTO stress standards and BS EN 40-3-1 O • Grounding lug—rated for aluminum (AL)or N copper(CU)wiring • Pole shipped in sections • Stainless steel fasteners passivated and coated E • Material certifications are available Quality Assurance Tests w fn • Bending stress • Minimum galvanizing thickness • Straightness measurement U Y c d E s v m r Q 0C^^/1 TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. XD/��) ©2005,2019 Musco Sports Lighting,LLC M-2216-en04-3 musco Packet Pg. 331 8.I.b D. 2 5 Easy Pieces"TLC for LED' - Galvanized Steel Pole N L O t Q t+ t Weld mark to identify — J field side orientation ° Jacking ear c O Wire harness strain relief provided on poles 80 ft(24.5 m) cc and taller per NEC V L. O w t� cC ..r C O tU Q tU Y r M O Electrical components enclosure N attachment bracket Electrical components c enclosure hub with stainless Wire access handhole steel screw threads m Grounding lug m (inside handhole) Q L (n C Slip-fit attachment to U precast concrete base Y m c d Weld mark to identify E field side orientation s cva TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. ©2005,2019 Musco Sports Lighting,LLC - M-2216-en04-3 MUSCO Packet Pg. 332 2 8.I.b D. NEI 5 Easy Pieces" TLC for LED' - Electrical Components Enclosure Overview The electrical components enclosure contains all necessary \ equipment to operate luminaires.Built-in mounting hardware allows for easy attachment to the galvanized steel pole.Quick N connect plugs fasten to the wire harness. o s r Features a r� � Factory-built and tested as a unit I • Quick connect plug for easy field wiring � � J Mounted 10 ft 3 m above grade for servicing with ladder a) I ( ) g g � I I I • Labeled with pole identification and electrical information ° • Drivers individually fused and spare fuses supplied o • Wire access from inside the pole(no exposed wiring or conduit) C> O Disconnect per circuit w Technical Specifications NJ For draws and circuitry refer to project L) Y p J specific document. o Construction Y • 0.08 inch 2 mm thickpowder-coated aluminum Enclosure ratings:NEMA 3R,IP54 -- Ff 0 0 • Designed to in up to C Desig p 50° °F ambient � (122 ) rn temperature • Full length stainless steel hinge i • All stainless steel fasteners passivated and coated • Meets touchsafe standards • Up to four drivers per enclosure Q • Approximate weight 65 lb(29 kg) u 1n A • Lower enclosure size 14.25 in(362 mm)wide x 8 in(203 mm)deep x 52.5 in(1334 mm) high Q� • Upper enclosure size 14.25 in (362 mm)wide U Y x 8 in(203 mm)deep x 40.5 in(1029 mm)high c d ° Quality Assurance Tests s • Grounding continuity • High potential dielectric withstand Q • Full functionality test TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. 912015,2019 Musco Sports Lighting,LLC - ECE 9 - M-2217-en04-3 musco Packet Pg. 333 8.I.b D. NEI 5 Easy Pieces'°' TLC for LED' - Electrical Components Enclosure N O s Q a� c t T J N C1 C O C R U O w v L Controller C U Q U Y r M O Wiring schematics O v Driver rn 0 Spare fuses Fuses a) E Pole alignment a) beam switch 2 Ground bar(AL,CU)' Q o Surge protection N M 0 Powerline communication 2 (or wireless communication)module Q (if present) c U Disconnect(CU only)" `1 Terminal blocks d E t "Aluminum(AL) r Copper(CU) Q 0000 TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. 02015,2019 Musco Sports Lighting,LLC • ECE 9 • M-2217-en04-3 musco 21 Packet Pg. 334 8.I.b D. 4 5 Easy Pieces'M TLC for LED' -Wire Harness Overview The factory-built wire harness connects the electrical components enclosure to the poletop luminaire assembly. N L 0 Features ° • Quick connect plugs for easy field wiring Q • Factory-assembled support grip alleviates strain on connections s P d • Spiral wound cable eliminates slippage • Protective sleeve prevents wire damage M R o • All internal wiring,no exposed wires r_ 0 • Labels identify pole and luminaires c� U Technical Specifications w i Construction c� • Spiral wound,wrapped cable, 14 AWG o (cross-sectional area of 2.08 mm2)copper wire U • Integral cable support grip p U • Two wires per driver Y • Each harness supports up to four drivers M 0 • Multiple top connectors may be present if required for number of luminaires 0 rn Quality Assurance Tests • Connector/load resistance d • High potential dielectric withstand m • Grounding continuity Q • Termination crimp .r fn f>3 Q U Y c o d ❑ s m r Q /\/1/1 TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. /1I\JII`JO(\J ©2005,2019 Musco Sports Lighting,LLC - M-2218-en04-3 musco. Packet Pg. 335 8.I.b D. 4 5 Easy Pieces'°' TLC for LED' -Wire Harness El Top quick connector Wire tie Bar harness y Wire harness top Top cable support grip quick connector N quick connector s ® Q j Cable support grip Spiral wound cable consisting and snap hook of 14 AWG(cross-sectional P area of 2.08 mm')copper wire CO c O C R U L O W V L \ O U Q U Y Cable support grip M Mid-point cable support grip and snap hook c for poles 80 ft(24.5 m)and taller (if required) O v to 3 C d E d i Q L d Ul M Enclosure harness quick connector Flexible protective sleeve Y Wire harness bottom quick connector d t t� ea \ Q Bottom quick connector \J\= TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. 02005,2019 Musco Sports Lighting,LLC • M-2218-en04-3 MUSCO® Packet Pg. 336 2 8.I.b D. NONEU 5 Easy Pieces"TLC for LED' - Poletop Luminaire Assembly,Weld On Overview The factory-aimed poletop luminaire assembly is the upper section of the pole and slip-fits together with the galvanized steel pole. N � L O Features • Each luminaire is factory-built,tested,and ships as a unit Q a) • Luminaires are factory-aimed to two-tenths degree = of accuracy .21 • Luminaire mounts and connects in a single step J • Slip-fit connection allows assembly with come-alongs U • All luminaires are factory-wired to a quick connect harness for easy installation 0, • Labels identify pole and luminaire location V • No exposed wiring or conduit w • Factory-set pole alignment beam allows easy 0 field alignment 0 Technical Specifications o � U Construction • Crossarms and pole shaft hot-dip galvanizing inside c and outside after fabrication meets ASTM-Al23 and EN 1461 standards o • All aluminum components are powder-coated or anodized to mil-A-8625F and BS 5599 • Luminaire and knuckle are powder-coated die-cast aluminum m • All stainless steel fasteners are passivated and coated a) • Crossarms are constructed of rectangular steel tubing Q m • Polecap is attached with stainless steel lanyard and securing bolt a Q 0 Quality Assurance Tests v Y _= • Galvanizing thickness • High potential dielectric withstand E s • Electrical continuity r Q OC^^/1 TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. XD/��) ©2015,2019 Musco Sports Lighting,LLC U.S.and foreign patent(s)issued and pending. M-2219-en04-3 Musco. Packet Pg. 337 8.I.b D. 5 5 Easy Pieces" TLC for LED' - Poletop Luminaire Assembly,Weld On N L O t Q Polecap Lanyard � � O Wire harness quick connector f Bar harness quick connector 1 e 1 � c 1 O 1 f � 1 � C ca Crossarm V Die-cast aluminum luminaire mounting plate Die-cast aluminum knuckle Aluminum housing p tU Aluminum spill light and Q glare light control visor Crossarm tU Diode light source—LED wiring Y Pole shaft r CM O O V fn 7 C Jacking ears 0 m Pole alignment beam ® m Set screw Q m .r fn f� Q U Y c d E s v m r Q 0C^^/1 TLC for LED is a trademark of Musco Sports Lighting,LLC and is registered in the United States. XD/��) ©2015,2019 Musco Sports Lighting,LLC U.S.and foreign patent(s)issued and pending. M-2219-en04-3 Musco 21 Packet Pg. 338 11 .e+. .+^.,?;,. »:.F ..gry.•-y... .e; .r�"i�. .+;Y_,. :>. r. :e5 .,:8v2. :^.,9_.. :>.. 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I+Ir+♦ 1° 1 1 I It 1 I+NI+♦ _ 1111 11 Ill 11111 rll 11 11111�il 111 111 11111 11111 11111 11111 11111�11111 111 111 11 11111 11111_.11111 111 Il 11111 111 111 11 11111 11111 11111 111 11 11111 111 111 11 11111 -111rr 11111 111 Il 11111 1111 �,JI 1� ll1 1 1111 1 1 1i 1 11 /11 1:111111111�1 111 � 111 1 1/11 1 1 1i 111 111 1:Illlllllll�1 111 � 111 1:,. /11 1 1 111 111 111(:Irlllllll�1 111 � 111 1:,. /11 1 1 Ili 111 /11(:.11/11/1�1 11/ � 111 I /11 1 1 Ili 1 11 s 111(�11/11 1-I - �I.-1111 1 11-1111�1111 1111- I -11 N-1111 1 11-1111-1111 1111-. -11 N-1111„1111 11 1 11 N 1111 I 11 N 111) 1111-11 1-11 N 1111-1 11-11 N-111) 1111-11 1-11 N 1111-1 11�1111N�111111�Illl �--_ :1111u1d.611u111auuuilllluuulalllulll.dllulllzluwul:- � 25 a CCXDO mus 25-Year Product Assurance &Warranty Program ar _ w� Project name: Project number: N Owner: City: State: 0 .................:� Covered product(s): Q Date issued: Expiration: c z M J Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your lighting system to a� ' original design criteria for 25 years. Musco products and services are guaranteed to perform on your project as :2 detailed in this document. 0, Light Performance Specified illumination levels will be maintained and are marked as guaranteed in the Musco Illumination Summary. Individual luminaire outages that occur during the warranty and maintenance period are repaired when the usage of any r field is materially impacted. c U -- Q Spill Light Control If specified, spill light levels at identified locations are guaranteed to be controlled to the maximum values provided in the r Musco Illumination Summary. o Energy Consumption Total average kW consumption for your lighting system is guaranteed to be not more than the total load shown in the ry- Musco Illumination Summary. Monitoring, Maintenance, and Control Services Musco shall monitor the performance of your lighting system, including on/off status, hours of usage, and luminaire a - outages. If outages that affect playability are detected, Musco will contact you and proactively dispatch technicians. _ w -' On-off control of your lighting system is provided via an easy-to-use web site scheduling system, smartphone app, phone, email, or fax. Our trained Control-Link CentraITM service center staff is available toll-free 24/7. Regular usage reports are y o always available on Control-Link Central's web site. Y Structural Integrity f E Your project has been designed to Structural integrity of equipment manufactured by Musco is guaranteed. Q Musco has a team of people to ensure fulfillment of our product and services warranty and maintains financial Ne reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing comprehensive service for the 25 year period. Page 1 of 2- - :/11111 INIII 11111) /1111/....11111...111111 /111/ /11111 INIII 111111 /1111/ 11111 IINI, /111/ /1111/ 111111 .MINI /1111/ /111) N, /111/ /1111/�'(1111 MINI=.,11,1/ 11111-111111 1111/=..1 l/1111/....(1111 111111 1111/ 11 11 1.III 111,) 11 11-111 . 1r 111 ,11 L 1..,, J 1. 111 l.. llll:,,ll L 1.:,, J 1. all l.. llll',.11 I 1r,•,, I II :,1.1 ,114.. 1 L 11: , 116-.1111.. ,111 1 1 11 1 1111 111 llll 11 II11 1111N1 ,,1111E-'c:..NIII llll lll! INN 111 llll. 111 1111 llll lll! 11111 111 llll. 111 illl l/ll lll! 1111 NIY !. Ill lilll l/ll IIIA 1111 111 llll. Ill NIII l/ll IIIA 111 1 1 ...a r,lt J hlrr r11J�1 I �✓e -1- r,lt�hyrr �r r11J�1 ire II,+rhly�Jrllt L E5 ✓trl,l,:.+�1, ,r `yrrl�Irr+�`rplt�5 J�IIr �: �I. I J�rl �r r� rlt� ✓,r �, t�s,�% J.•::,I Irr+l ` rr+l ,� � >Z r'�'.9.t{A�..M1}v N',�,.� w1'� .•! Yd':I�t ��. G1U: r.�', aJ y!1 �+, 5 tka .w la't�+'NmJ �1tiaZ � 6N.r' tfv .1�, ti1'�hJJ M �+a 6.N ',m1 � .� f�C.'�' N.� tim1 S'+IS r�'•��,5,•,•;a.2>.'r'..o•,,,YJ,.e:•..I;S...;...¢i�:..�!.,M1;t�.,.;...u. ©2005,2019 Musco Sports Lighting,LLC Packet Pg. 339 8.1.b '1 ,0 yM T l�.w U tZ J11117tiu_ V?�W11117tL 0CXD0 TM MU 25-Year Product Assurance &Warranty Program Terms and Conditions Service under this Contract is provided by Musco Sports Lighting,LLC("Musco")or 5.Contract Limitations: an authorized servicer approved by Musco.Services performed under this Contract N shall consist of furnishing labor and parts necessary to restore the operation of the a.EXCLUSIONS FROM COVERAGE:IN NO EVENT WILL MUSCO BE LIABLE 0 L_ Covered Product(s)to original design criteria provided such service is necessitated FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL by failure of the Covered Product(s) during normal usage. This Contract covers DAMAGES WHICH INCLUDE,BUT ARE NOT LIMITED TO,ANY DELAY IN Product(s) consisting of Musco's Total Light Control — TLC for LED® with RENDERING SERVICE OR LOSS OF USE DURING THE REPAIR PERIOD Control-Link®and any additional Musco manufactured product as listed on page 1. OF THE COVERED PRODUCT(S) OR WHILE OTHERWISE AWAITING PARTS. "We", us,"and"our" mean Musco. "You"and "your'mean the purchaser of the b.Limitation of Liability: To the extent permitted by applicable law, the Covered Product(s).No one has the authority to change this Contract without the prior written approval of Musco. Musco shall not assume responsibility for their liability of Musco, if any, for any allegedly defective Covered Product(s)or components shall be limited to repair or replacement of the Covered (D agents or assignees other than as described below.If there is a conflict between the co terms of this Contract and information communicated either orally or in writing by one Product(s)or components at Musco's option.THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED or more of our employees or agents,this Contract shall control. R PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO a THE COVERED PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, 0 Additional Provisions >% IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A a M 1. Availability of Service: Control-Link CentralTm operators shall be available PARTICULAR PURPOSE,ARE HEREBY EXPRESSLY EXCLUDED. 24/7 via web site, phone,fax,or email.Maintenance service specialists shall c. Forthe purposes of and by your acceptance of this Contract you acknowledge be available 8AM to 5PM Central Time,and services shall be rendered during and agree that if a surety bond ("Bond") is provided the warranty and/or these same hours in your local time zone, Monday through Friday(with the exception of national holidays).Hours of operation are subject to change without maintenance guarantee provided for in this Contract and any corresponding notice to you.Musco will exercise all reasonable efforts to perform service under liability on behalf of the issuing surety under the Bond is limited to the first twelve(12)months of said warranty and/or maintenance guarantee coverage 0 this Contract,but will not be responsible for delays or failure in performing such services caused by adverse weather conditions,acts of any government,failure period.Any warranty and/or guarantee coverage period in excess of said of transportation,accidents,riots,war,labor actions or strikes or other causes initial 12 month period does not fall within the scope of the Bond and shall be the sole responsibility of Musco. beyond its control. 2. Determination of Repairs: Musco will utilize the field monitoring system and d.Musco requires reasonable access for a crane or man lift equipment to service the lighting system.Musco will not be responsible for damage from M any information provided by the customer to determine when the usage of the Q field is materially impacted.From this information,Musco will determine needed operating the vehicle on the property when the equipment is operated in the 14 repair and/or replacement of Covered Product(s)and parts.Repair will be with prescribed manner over the designated access route. 0 Product(s)of like kind and quality. e.Obsolescence or Environmental Restrictions: If during any maintenance U) • 3. Your Requirements Under this Contract: You must meet all electrical or other work performed under this Warranty, any of the parts of the and installation requirements as specified by the manufacturer. In addition, Covered Product(s)are found to be either obsolete,no longer available,or you promise and assure: full cooperation with Musco, Musco's technicians prohibited by any state of federal agency,Musco shall replace said parts with comparable parts and materials with equal operating characteristics solely a) and authorized servicers during telephone diagnosis and repair of the at E Covered Product(s); reasonable accessibility of the Covered Product(s); a Musco's discretion.The cost of replacement of any obsolete cellular related a) technology shall be borne by you.Prior to completing any such work,Musco nonthreatening and safe environment for service. shall notify you of the cost(if any)you will incur in the replacement of such You agree to check fuses and to replace fuses as needed. Musco provides parts under this section. spare fuses in the lowest alpha-numeric numbered enclosure. Musco will 6. Transfer and Assignment: Except to owners,you shall not have the right to replenish spare fuses used. M assign or otherwise transfer your rights and obligations under this Contract 2 You agree to keep your control system online.This means keeping the required except with the prior written consent of Musco;however,a successor in interest < control voltage to the control system at all times.Any deviation from this practice by merger,operation of law,assignment or purchase or otherwise of your entire must be discussed with Musco's Warranty Department. business shall acquire all of your interests under this Contract. 4. Service Limitations This Contract does not cover:Maintenance,repair, 7. Governing Law:Unless otherwise governed by applicable state law,the Contract or replacement necessitated by loss or damage resulting from any external shall be interpreted and enforced according to the laws of the State of Iowa. Ea) causes such as,but not limited to,theft,environmental conditions,negligence, it misuse,abuse,improper electrical/power supply,unauthorized repairs by third 8. Subrogation:In the event Musco repairs or replaces any Covered Product(s), 0 parties,attachments,damage to cabinetry,equipment modifications,vandalism, parts or components due to any defect for which the manufacturer or its agents animal or insect infestation, physical damage to Covered Product(s) parts or or suppliers may be legally responsible, you agree to assign your rights of components, failure of existing structures, supporting electrical systems or recovery to Musco. You will be reimbursed for any reasonable costs and any non-Musco equipment,or acts of God/nature(including,but not limited to: expenses you may incur in connection with the assignment of your rights.You earthquake,flood,tornadoes,typhoons,hurricanes,or lightning). will be made whole before Musco retains any amounts it may recover. Signature: Page 2 of 2- Vice President of Sales T;A J .", V i..... .NIII IMt11' A .C11/ AtJ A & k . A &@2005,2019 Musco Sports Lighting,LLC Packet Pg. 340 8.Lb .. Illlfl( ,,,,, ,,,,,,, IN III 1f11111-1f11 111111 1lllfll 1f1,,, 11111,1�J IN1111 1,11111-f1,,,.IIIIIII Illlfll 1f1,,, ,,,, IN1111 111111 f1,,,.1111111 MINI 1f1111 ,,,,, IN„11 Illlll lfl,,,., II,IN( .... 1f1,,, IN111 Illlll �'JIII 2 N111/ 111111=11111) NI„/ (11111=IIIIN:,1111) N1111 (11111=,IIIN.Nlll/ (11111=NIIN:,1111) N111/.:NIIII=,1111) NIIII (11111=NIIII:,1111) N111/-(11111=,1111) ,IIHI:(11111=111111:,ot, 11111/ NIIII:,11111 NIIII:(11111=111111 e.- _ _ _ _ 0000 TM 11 mus fo r' 10-Year Product Assurance &Warranty Program Project name: Project number: N Owner: City: State: 0 1 Covered product(s): Q Date issued: Expiration: _ c � NY Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your lighting system to original design criteria for 10 years. Musco products and services are guaranteed to perform on your project as detailed in this document. it 0 Light Performance U Specified illumination levels will be maintained and are marked as guaranteed in the Musco Illumination Summary. Individual luminaire outages that occur during the warranty and maintenance period are repaired when the usage of any field is materially impacted. r _ c 0 -- U Spill Light Control _ Q Ne' U If specified, spill light levels at identified locations are guaranteed to be controlled to the maximum values provided in the Y Musco Illumination Summary. r f' M Energy Consumption 0 Total average kW consumption for your lighting system is guaranteed to be not more than the total load shown in the s Musco Illumination Summary. t -- c Monitoring, Maintenance, and Control Services Musco shall monitor the performance of your lighting system, including on/off status, hours of usage, and luminaire outages. If outages that affect playability are detected, Musco will contact you and proactively dispatch technicians. Q w L On-off control of your lighting system is provided via an easy-to-use web site scheduling system, smartphone app, phone, _` email, or fax. Our trained Control-Link CentralTM service center staff is available toll-free 24/7. Regular usage reports are always available on Control-Link Central's web site. '' c e Y Structural Integrity _ Your project has been designed to E Structural integrity of equipment manufactured by Musco is guaranteed. -- Q Musco has a team to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing comprehensive service for the 10 year period. N. Page 1 of 2- 11/ 111�111 '..1111 111'llll'111 1111 111-111 1111 111'1111 111 "1111 111'lll '..1111 111'1111'111 -1111 111'lll 1111 111' .1'111 "11.... 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Contract Limitations: ("Musco")or an authorized servicer approved by Musco.Services performed N under this Contract shall consist of furnishing labor and parts necessary to a.EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO restore the operation of the Covered Product(s) to original design criteria BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR t provided such service is necessitated by failure of the Covered Product(s) CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT 3 during normal usage. This Contract covers Product(s) onsisting of Musco's LIMITED TO, ANY DELAY IN RENDERING SERVICE OR LOSS Q Total Light Control —TLC for LEDO with Control-Link and any additional OF USE DURING THE REPAIR PERIOD OF THE COVERED , Musco manufactured product as listed on page 1. PRODUCT(S)OR WHILE OTHERWISE AWAITING PARTS. c 'We","us,"and"our"mean Musco."You"and"your"mean the purchaser of the b. LIMITATION OF LIABILITY: To the extent permitted by applicable Covered Product(s).No one has the authority to change this Contract without law, the liability of Musco, if any, for any allegedly defective the prior written approval of Musco.Musco shall not assume responsibility for Covered Product(s) or components shall be limited to repair or —= their agents or assignees other than as described below. If there is a conflict replacement of the Covered Product(s) or components at Musco's d between the terms of this Contract and information communicated either option.THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY _ co orally or in writing by one or more of our employees or agents,this Contract WITH RESPECT TO THE COVERED PRODUCT(S).ALL IMPLIED shall control. WARRANTIES WITH RESPECT TO THE COVERED PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES p Additional Provisions OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,ARE HEREBY EXPRESSLY EXCLUDED. �p 1. Availability of Service: Control-Link CentralTm operators shall be V c.For the purposes of and by your acceptance of this Contract you L available 24/7 via web site, phone, fax, or email. Maintenance service acknowledge and agree that if a surety bond("Bond")is provided the : w specialists shall be available 8AM to 5PM Central Time, and services warranty and/or maintenance guarantee provided for in this Contract shall be rendered during these same hours in your local time zone, and any corresponding liability on behalf of the issuing surety under L Monday through Friday(with the exception of national holidays).Hours the Bond is limited to the first twelve (12) months of said warranty of operation are subject to change without notice to you. Musco will and/or maintenance guarantee coverage period. Any warranty and/ o exercise all reasonable efforts to perform service under this Contract,but or guarantee coverage period in excess of said initial 12 month V will not be responsible for delays or failure in performing such services period does not fall within the scope of the Bond and shall be the sole responsibility of Musco. caused by adverse weather conditions,acts of any government,failure Y of transportation, accidents, riots,war, labor actions or strikes or other d. Musco requires reasonable access for a crane or man lift equipment causes beyond its control. to service the lighting system. Musco will not be responsible for r damage from operating the vehicle on the property when the c 2. Determination of Repairs:Musco will utilize the field monitoring system equipment is operated in the prescribed manner over the designated and any information provided by the customer to determine when the access route. usage of the field is materially impacted. From this information, Musco v will determine needed repair and/or replacement of Covered Product(s) e.Obsolescence or Environmental Restrictions: If during any maintenance y and parts.Repair will be with Product(s)of like kind and quality. or other work performed under this Warranty, any of the parts of the Covered Product(s)are found to be either obsolete,no longer available,or 3. Your Requirements Under this Contract:You must meet all electrical prohibited by any state of federal agency,Musco shall replace said parts c and installation requirements as specified by the manufacturer. In with comparable parts and materials with equal operating characteristics a) addition,you promise and assure:full cooperation with Musco,Musco's solely at Musco's discretion. The cost of replacement of any obsolete y technicians and authorized servicers during telephone diagnosis and am repair of the Covered Product(s);reasonable accessibility of the Covered cellular related technology shall be borne by you.Prior to completing any Product(s);a nonthreatening and safe environment for service. such work,Musco shall notify you of the cost(if any)you will incur in the Q replacement of such parts under this section. You agree to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alpha-numeric numbered enclosure. 6. Transfer and Assignment: Except to owners,you shall not have the Musco will replenish spare fuses used. right to assign or otherwise transfer your rights and obligations under M this Contract except with the prior written consent of Musco; however, y Q You agree to keep your control system online.This means keeping the a successor in interest by merger, operation of law, assignment or required control voltage to the control system at all times.Any deviation purchase or otherwise of your entire business shall acquire all of your V from this practice must be discussed with Musco's Warranty Department. interests under this Contract. �1 x 4. Service Limitations—This Contract does not cover: Maintenance, 7. Governing Law:The Contract shall be interpreted and enforced according c repair, or replacement necessitated by loss or damage resulting from to the laws of the project location. z E any external causes such as, but not limited to, theft, environmental 8, Subrogation: In the event Musco repairs or replaces any Covered conditions, negligence, misuse, abuse, improper electrical/power Product(s), parts or components due to any defect for which the supply, unauthorized repairs by third parties, attachments, damage manufacturer or its agents or suppliers may be legally responsible,you Q to cabinetry, equipment modifications, vandalism, animal or insect agree to assign your rights of recovery to Musco.You will be reimbursed infestation,physical damage to Covered Product(s)parts or components, for any reasonable costs and expenses you may incur in connection with failure of existing structures, supporting electrical systems or any the assignment of your rights. You will be made whole before Musco non-Musco equipment, or acts of nature (including, but not limited retains any amounts it may recover. to: earthquake, flood, tornadoes, typhoons, hurricanes, or lightning). Signature: Vice President of Sales Page 2 of 2- rrr-rrr ?..rrrr.: rrr=,rrr rrr d,n, rrr:rrr ?.rrrr.. rrr=rrr,'rn rrr2.rrr ?..rrrr.. =rrrr?rn -rnr's rrr2rn 3rrr,i nr= rr,?rrr ,rr-rn -,rrr :rw„= r _„r rr rrr rr „r rr rrr rr „r rr rrr rrr „r rr rrr, , „r rr , , , rrr r r, , „r rr , r, , r, r r, rye^54ay.yrr rrvae r ,y�r ui ,•�:,;rfyrrrrr��r'ra.v�:r y,rrrir�e �'rry+ 1MUMir t.vP:r, 9r? re.,,�r as�a„s �tien 9� r�ti�s a1�yy� n.� lu�$r4.?g�>souph�n�e�tf•�a��yY�te+s� 1a����r���rvo; _ �Oa' '+fie +Bt+ iA�a _�f,, .�;v�tt:�j.•!oa' .fie`".'$�+ `�,,w ids `.d��,_ 3 �`' � `v9- r^_.5;� ©2005,2019 Packet Pg. 342 :.y-••-.. ..=' 6.f 'vas i '..y N..`9.. b..f 0000 mus5 1&aw fo veco qdwaanty 10-Year Product Assurance &Warranty Program a� N IL Project name: Project number: 0 r Q Owner: s 2 City: State: a� Covered product(s) Mini-Pitch Systemlm modular sports solution with TLC for LED°luminaires 0 c c� Date issued: Expiration: c) 0 w c� c Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your Mini-Pitch SystemTM 0 modular sports solution to original design criteria for 10 years. Musco products and services are guaranteed to Q perform on your project as detailed in this document. v Y r Structural Integrity Your Mini-Pitch System modular sports solution has been designed to meet or exceed local building codes and resist 0 corrosion. Structural integrity of the system including fence panels, goals, seating, and light poles is guaranteed for the warranty period. c a� Light Performance Luminaire outages that occur during the warranty and maintenance period will be repaired or replaced. °1 Q L W N Control Services On-off control of your lighting system is provided via an easy-to-use web site scheduling system, smartphone app, phone, o or email. Our trained Control-Link CentralTM service center team is available 24/7/365. Regular usage reports are always Y available on Control-Link Central's web site. : c aD E Musco has a team to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing comprehensive service for the 10 year period. Q -Page 1 of 2- M20 Packet Pg. 343 Y . Boom ROOM 0000 } mus5 10 960 qdWAWIty 10-Year Product Assurance &Warranty Program Terms and Conditions =_ o _ Musco Sports Lighting, LLC ("Musco") or an authorized servicer shall 5. Contract Limitations: Q r furnish labor and parts necessary to restore operation of Covered a.EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO ` Product(s)to original design criteria provided the failure was a result of BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR normal usage. t CONSEQUENTIAL DAMAGES WHICH INCLUDE,BUT ARE NOT This Contract covers Mini-Pitch System"' modular sports solution LIMITED TO,ANY DELAY IN RENDERING SERVICE OR LOSS with Control-Link®, TLC for LED®, and any additional Musco OF USE DURING THE REPAIR PERIOD OF THE COVERED d f: co �= manufactured product as listed on page 1. "We", "us,"and"our' mean PRODUCTS OR WHILE AWAITING PARTS. P P 9 ( ) =s Musco."You"and"your"mean the purchaser of the Covered Product(s). b.LIMITATION OF LIABILITY: To the extent permitted by law, This Contract cannot be changed without the prior written approval liability of Musco for any defective Covered Products shall be 0 of Musco. If there is a conflict between the terms of this Contract limited to repair or replacement of the Covered Product(s).THIS c and information communicated either orally or in writing by one or CONTRACT IS YOUR SOLE EXPRESS WARRANTY. ALL more of our employees or agents,this Contract shall control. IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, c a Additional Provisions IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY 1. Availability of Service: EXCLUDED. w_ a.Control-Link CentralTM operators are available 24/7 via web site, c. If applicable,the liability of the issuing surety of the surety bond is _ �j phone,fax,or email. limited to the first 12 months of the warranty period. Q b.Maintenance service specialists are current) available 8AM to q equipment P Y d.Musco requires reasonable access for a ui ment to service the U 5PM Central Time Monday through Friday, except for national system. We will follow designated access routes but will not be 01 Y holidays. Services shall be rendered during these same hours in responsible for damage on the property for operating equipment in _ r your local time zone. the prescribed manner. o ` 2. Determination of Repairs: Musco will utilize any information provided e.If we find that any parts of the Covered Products become obsolete, by the facility owner to determine any needed repair and/or prohibited by law or regulation or are no longer available, Musco replacement of Covered Product(s) and parts. Repair will be with may replace them with comparable parts at our discretion. We will d. Product(s)of like kind and quality. notify you of any replacement cost prior to starting the work. Fx -_ 3. Your Requirements Under this Contract: You agree to meet and q 9 6. Transfer and Assignment:Except to facility Owners,you cannot assign = _ maintain all electrical requirements(if any)and install as specified by your rights and obligations under this Contract without prior written v:T Musco or as approved in advance by Musco's Warranty Department. consent of Musco.A successor of your entire business shall acquire y ti • 4. Service Limitations: Musco will exercise all reasonable efforts to your interests under this Contract. perform service under this Contract but will not be responsible for 7, Governing Law: Unless otherwise governed by applicable state law, Q delays or failure in performing such services due to causes beyond the Contract shall be interpreted and enforced according to the laws its control. of the State of Iowa. _ M r' This Contract does not cover maintenance, repair, or replacement due g, Subrogation: In the event Musco repairs or replaces any Covered Q to damage from: Product(s), parts or components due to any defect for which our v a.External causes such as but not limited to misuse,vandalism, or vendors,agents or suppliers may be legally responsible,you agree 1 .. unauthorized repairs or modifications. (Unauthorized repairs or to assign your rights of recovery to Musco.You will be reimbursed modifications void this warranty in its entirety.) for any reasonable costs you may incur in connection with the d assignment of your rights. You will be made whole before Musco E b.Failure of any non-Musco equipment or electrical systems. retains any amounts it may recover. c.Acts of nature such as but not limited to weather events or -T Q lightning. Signature: Vice President of Sales _ Page 2 of 2- _ r� .iA-- h _ A+k {y �'_ 3_A A' � ✓�'--_'_s�.�3 4 AAi. I l 1 �� ... . _ .., _u..._ _... f/ _ = @2020 Packet Pg. 344 r• 8.I.b •4`lll�llllfl( 11111�1111111�111 III'1f 111`1f11 /11r Ir�1111f11 1f1111�111NI1�1111111�111111 f1111/Irr 11�1111f11 ll lfl lrr�Ilrlr�Illlrr��..11111 �1f11rr1.Ilrrrr�Illlrrl 111f1II1r111111�11111r1�1111�1f1111 A.11 IIfIIIIN( Ifllll�1f1111,11r11r�111111�1f1IIIAI JIII 2 N111 11111 = lull�Nllll (111111=lulu c 11111) N1111 (IIN s IIIN:NIIl1 (11111=IIIII, 1 1 I 1 1 I 1 1 - ._ 1 1_1 1. -1 ( 1 1. �11111)�NuN N1111 lull) Null (lull IINr 11111) N1111�Null�11111)j Null (lull IIIN1�11111)�111111 Null;111111?11111)�(lull 111111 a 11111)�NIIN�II�L_=:=:: ��� - - - - �tlwuulawuulluuwlilwuuldhluulslwuulslwwili� .__..� MuscoVisioNTmJ by �mus � Q;� VatN: Automated Sports Broadcasting 5-Year Product Assurance & Warranty Program Project name: Project number: N �L Owner: City: State: C _. s Covered product(s): Q Date issued: Expiration: c z J Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of your automated a� broadcasting system to original design criteria for 5 years. Musco products and services are guaranteed to perform on your project as detailed in this document. _ 0 Camera Structure System L) Individual camera and image processing system outages that occur during the warranty period will be repaired at the earliest available date. Your project has been designed to meet building codes. Structural integrity L of MuscoVision equipment including poles, foundations, mounting brackets, and associated hardware is c guaranteed for the warranty period. z _= o — Y Networking Equipment _ .. Networking equipment required to collect individual camera input and distribute broadcast content to the ' M on-site customer provided internet connection point is guaranteed for the warranty period. 0 N Automated Production System t Musco guarantees all automated production hardware and software required for camera switching and game tracking for the warranty period, including software updates required to maintain system operation. E Monitoring, Maintenance, and Control Services a L Musco shall monitor the operation of your MuscoVisionTm automated broadcasting system broadcasts, and W report hours. If outages are detected that will affect your ability to stream scheduled broadcasts, Musco will 2 proactively contact you and attempt to correct the outage through use of remote access tools as quickly as == Q ' c possible. In the event that the outage is a result of a Musco hardware or equipment failure at your site, Musco Y will dispatch a repair technician. Control of your automated broadcasting system is provided via an easy-to-use website scheduling system, E smartphone app, phone, or email. Our Control-Link CentralTM service center Team is available 24/7/365. Q Musco has a team to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing comprehensive service for the 5-year period. N� Page 1 of 2- 1 1 1 11- 1 1 11 1 1 11- 1 1 11 1 1 11 1 1 11 1 1 11 i 1 1 -11 I 1 11 11 111 11 -11 1/ 11 11 1 1 11 llll 11 / / 11 11 1 1 11 1111 11 / /.. 11 11 1 1 11 1111 11 / / 11 !1 / / 11 111 !1 / / 11 11 ! 1 1 1 I I 1 1 1 1 11 111 111 111 11 111 11 111 11 111 111 11 111 I I 111 11 111 111 11 111 I I 111 11 111 111 11 111 111 111 11 111 111 11 11 1 11 11 1 � :1 111 1. 11 - 111 :1 111 -.:. 1 111,-... ulllll.11111 rllllulu. 1: ...INIIII l l l l..11l 11. IIIINI. l lull. 1111 lull 1. 111111I l l l l..11l 11. IIIINI. l lull. 1111 .lull 1. INIIII l l lll..11l 11. Illllll. 111111 1111..11lll 1. INIIII l l lll..l l 11. Illllll. 1/1111 1111 .lull l 1111111 -11111..l l 11. 11111 11 11 11 1{ 11 .� 1. i 1 Ill 1 1 11 1. If: f 1 1 11 If 1 11� 1 11 1: ir..Ir .I..rr Ir..1. ,r..Ir 11.•Ie A•..�1 1 1. y 1 ♦.1,1 1 ♦., qae;,• 1v1.1 .�e �r rn5 r 6w'fir I,ar,,. 1��1 .r,,.v�r{". n5 r r}ti�edr•. 1�r �'Ilr i�.• re o;`;Iu, a fS d4 </'.n ✓ ..^ k � t4r n, +�° "V 2>e. .etS. ! S $ �/�0+� vs9raAgvW�� h.��( °��sr'o;yYti�Rus�� ySro.?I � u �+ A_h _vV .ia .q "c=A4 V ✓y_ 3_-'�'4•9 '3"cF_k __-— 9 ^. p-sw-•'I�•V - A?4 A•:.,. ©2020 Packet Pg. 345 = 8.Lb .. Illlfl( ,,,,, ,,,,,,, IN III 1f11111-1f11 111111 1lllfll 1f1,,, 11111,1�J IN1111 1,11111-f1,,,.1111111II11f11 1f1,,, ,,,, IN1111111111 f1,,,.1111111 MINI 1f1111 ,,,,, IN1111 111111 1f1,,,., IIIIN( 1f111 1f1,,, IN111 111111 1f1,,,: �'JIII 2 N111/ 111111=illll)�NI„/ (11111=IIIIN:,1111) N1111 (11111=,IIIN.Nlll/ (11111=NIIN:,1111) N111/.:(lull=,1111):NIIII (11111=NIIII:,1111) N111/-(11111=,1111):,IIHI:(11111=111111:,1111) 11111/ NIIII:,11111�NIIII:(11111=111111 Musco b �00 y mus 5 M N Automated Sports Broadcasting r 5-Year Product Assurance & Warranty Program 5Terms and Conditions Musco Sports Lighting, LLC ("Musco") or an authorized servicer shall 5. Contract Limitations: furnish labor and parts necessary to restore operation of Covered a.EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO N Product(s)to original design criteria provided the failure was as a result BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR C of normal usage. CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE 1 This Contract covers MuscoVisionTm automated sports broadcasting with NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE _: Q Control-Link®and any additional Musco manufactured product as listed OR LOSS OF USE OR STREAMING VIDEO DURING THE aM it on page 1."We","us,"and"our"mean Musco."You"and"your"mean the REPAIR PERIOD OF THE COVERED PRODUCT(S)OR WHILE AWAITING PARTS. purchaser of the Covered Product(s). _ This Contract cannot be changed without the prior written approval b.LIMITATION OF LIABILITY: To the extent permitted by law, 44) of Musco. If there is a conflict between the terms of this Contract and liability of Musco for any defective Covered Product(s) shall be information communicated either orally or in writing by one or more of our limited to repair or replacement of the Covered Product(s).THIS employees or agents,this Contract shall control. CONTRACT IS YOUR SOLE EXPRESS WARRANTY. ALL = IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, s 0, Additional Provisions IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY CU 1. Availability of Service: EXCLUDED. p - w a.Control Link CentralT"" operators are available 24/7 via website, c. If applicable,the liability of the issuing surety of the surety bond is - it phone,fax,or email. limited to the first 12 months of the warranty period. to b.Maintenance service specialists are currently available 8AM to d.Musco requires reasonable access for equipment to service the C 5PM Central Time Monday through Friday, except for national z U system. We will follow designated access routes but will not be -' Q - holidays. Services shall be rendered during these same hours in responsible for damage on the property for operating equipment in =' a your local time zone. ie tU the prescribed manner. Y 2. Determination of Repairs: Musco will utilize the field monitoring e.If we find that any parts of the Covered Products become obsolete, system and any information provided by the facility owner to determine M any needed repair and/or replacement of Covered Product(s) and prohibited by law or regulation or are no longer available, Musco == e parts.Repair will be with Product(s)of like kind and quality. may replace them with comparable parts at our discretion. We will notify you of any replacement cost prior to starting the work. o 0 3. Your Requirements Under this Contract: You agree to meet and maintain all electrical, installation, software updates and internet f. If you or the facility owner have third-party agreements covering t content rights for all or a portion of the Streaming Services, connection requirements as specified by Musco or as approved in r advance by Musco's Warranty Department. Musco is not responsible for the loss of such rights.You agree to indemnify and hold Musco harmless from any claims of copyright E 4. Service Limitations: Musco will exercise all reasonable efforts to m infringement or violation of privacy rights related to the Streaming � perform service under this Contract but will not be responsible for Services. delays or failure in performing such services due to causes beyond its Q control. 6. Transfer and Assignment: Except to facility owners, you cannot This Contract does not cover maintenance,repair,or replacement due assign your rights and obligations under this Contract without prior M to damage from: written consent of Musco. A successor of your entire business shall acquire your interests under this Contract. a.External causes such as but not limited to misuse,animal infestation, '' p 7 vandalism,or unauthorized repairs or modifications. (Unauthorized . Governing Law: Unless otherwise governed by applicable state law, U the Contract shall be interpreted and enforced according to the laws of Y repairs or modifications void this warranty in its entirety.) the State of Iowa. b.Failure of any non-Musco equipment or electrical systems. 8, Subrogation: In the event Musco repairs or replaces any Covered E c.Acts of nature such as but not limited to weather events or lightning. Product(s), parts or components due to any defect for which our s vendors,agents or suppliers may be legally responsible,you agree to If you terminate the Streaming Services portion of your agreement but assign your rights of recovery to Musco.You will be reimbursed for any Q keep the equipment,you void the monitoring portions of this warranty. reasonable costs you may incur in connection with the assignment of your rights.You will be made whole before Musco retains any amounts ry.= it may recover. Signature: Vice President of Sales ry= Page 2 of 2- 11/ 111�111 '..1111 111'1111'111 1111 111-111 1111 111'1111 111 1111 111'lll '..1111 111'1111'111 -1111 111'lll 1111 111' 111'111 "1111... 111'lll 1111 (111 III: 111) ,111 11 111 111 11 111 1 I 111 11 111 111 11 111 I 1 111 11 111 111 11 111 I 1 111 11 111 111 11 111 111 111 11 111 111 11 11 1 11 11 1 � 111 11.-... 1000111 , 111 11:IN111i l l l l..11l 11. IIIINI. . 1111 111111- 111111i l l l l..11l 11. IIIINI. l lull. 1111 111111- (NIIII l l lll..11l 11. illllll. -111111 1111..111111- (NIIII l l lll..l l 11. illllll. 1/1111 1111 .lull l (NIIII -11111..l l 11. 11111 1, 11 „ 1{ 11 . Ir..f- 1 1 11: ,1 11! 1. i 1 111 1 1 11 1. If: f 1 1 11 If 1 ll 1. -1 11 1: I..r ...rr .... ,..r .N.e A•..I • .fMr ,.r,,y,,,..3reyfl�'.IyI�S, yy. rN,ar ..r,,y;..ire.� ."�5fry,,f.,�r.av� rye +ree �'flyl� „f .f,,IL ,Iy 3.ear� N,yt.,,,.y,, �fpl�,.r y � ,,1„ ,�. ,1,. ,,1,; ,� ,,•::uli ��2k+ '�E^`—__ _.f°' .wlA--_ �_--.n ... •``'3`_w �&v .d�_ 3"n'r^",�---_`p _ ^-..`-` '-'d`' _�'^--k'�l� a-__ '_d`' ��_s' s_•"a ^-:�•• ©2020 Packet Pg. 346 8.I.b MunicipalMusco Finance: - Program The flexible and affordable way to finance your lighting project today N Make your project happen o The municipal lease-purchase program,offered by Musco FinanceT",provides the ..r funding opportunity many public entities need for facility improvements such as Q sports lighting. The program provides a flexible,cost-effective means of funding essential J renovations and,in many areas,may eliminate much of the time and expense � associated with selling bonds for a project. c A known set expense can be budgeted annually;freeing you from budget 0, uncertainties and lowering cash flow impact. v L Start seeing the benefits now •Added revenue from expanded use of your facility can help make payments annually L •Lower energy and operating costs with upgraded,energy-efficient Musco systems t c �■r� -� ,�, ci •Avoid inflationary pressures by completing your project at current prices The program makes funding easy ' Y •No down payment required r •No payments for up to 6 months c •Fund up to 100%of project costs,including installation v 0 •Low,fixed payments N •Flexible payment schedules with terms of up to 7 years •No bond election,simply an agenda item for board/council approval •Does not constitute debt or encumber future councils m E m m Make your recreation dreams a reality now a Musco Finance can tailor a funding solution to suit your needs.Your organization can begin to enjoy new lighting at your facility now,and you'll have the peace of mind _ knowing you have provided a quality system that will last for many years to come. Z Q r7 U Call 800/825-6020 today to make your Y sports-lighting dreams a reality. r � a+ a+ 1 Q C= musco QnaaaQ31-4" Some restrictions may apply.All financing is subject to credit approval and the completion of mutually acceptable documentation. ©2005,2022 Musco Sports Lights Packet Pg. 347 8.I.b a� N �L O Q J N C O C Cu U L O V L 5. Marketing Plan o U Q 0 U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v 0000 Q musco, Packet Pg. 348 8.I.b Musco Sports Lighting markets our products through tradeshows, conventions, direct mail and advertising. Musco does targeted, personalized marketing promotions to specific customer groups and would be able to provide information on KCDA as appropriate in those promotions. Our Sales Team would promote KCDA by informing qualified customers of this available resource for their use in purchasing their sports lighting system. N L Musco Sports Lighting attends the below listed tradeshows in the KCDA market. Musco is always proactively looking for additional tradeshows to showcase our company, products, and services. Q a� King County Director's Association Washington Association of Maintenance and Operations Administrators 2M Washington Recreation and Park Association J a) Washington Secondary School Athletic Administrators Association Oregon Athletic Directors Association 0 Oregon Recreation and Park Association c ns Oregon School Boards Association U L 0 Idaho School Boards Association U Idaho Recreation and Parks Association r Idaho Athletic Directors Association 0 Association of Idaho Cities Q 0 U Montana Recreation and Park Association Y r M Alaska Recreation and Park Association v 0 c m E m m L Q L C� C Q U Y a� E t v ns 0000 r Q MUSCo., Packet Pg. 349 8.I.b Purchasing • Director's Association Sports Lighting: Save Energy & Reduce Cost Light-Structure System- LED Light Source L O Q _—r r' i� PoletoP Luminaire Assembly C R U Since 1976,Musco has specialized in the design and manufactureWire ,o of sports and large area lighting.Thousands of schools,cities, Harness U and facility owners have counted on Musco as part of their team r to make lighting happen for the safety and enjoyment of their o participants,while providing the most value for their sports- U lighting budget.Now you can purchase this industry-leading p lighting directly through the King County Director's Association. U Electrical Components r Light-Structure System"lighting system: Enclosure o v • Designed&engineered from foundation to poletop in 5 Easy PiecesT" N • Custom to project specifications • Factory-assembled,aimed and tested Galvanized Steel Pole y • Includes system monitoring and remote on/off E m control services a� • Backed by an industry-leading warranty Q L Precast d Concrete Base U) For information: to Amanda Hudnut Q 800/825-6030 7 U U musco.contracts@musco.com Y www.musco.com 's' N I E t c KCDA Q KCDA Contract 19-406 Contract#will be Field Court Lighting updated upon award OCOO MUSCO, ©2019 Musco Sports Ligh Packet Pg. 350 8.I.b a� N �L O Q J N C O C R U L 0 6. Authorized DealersNendor Partners L O U Q U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v 0000 Q MUSCo., Packet Pg. 351 8.I.b Musco Sports Lighting, LLC has no agents or dealers authorized to represent the company. Musco Sports Lighting, LLC products must be purchased directly from the company. a� N �L O Q J N C O C R U L O V L C O U Q U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v 0000 Q MUSCO.' Packet Pg. 352 8.I.b a� N �L O Q J N C O C R u L O 7. Addendums L O u Q u Y r M O O v N 7 C N E d d L Q L C� C Q u Y a� E t v 0000 Q musco, Packet Pg. 353 8.I.b a� N �L O Q J N C O C R U L O No Addendums u L O U Q U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v 0000 Q MUSCo., Packet Pg. 354 8.I.b a� TAB 2 �L O Q Response Forms 2M J N C O C Cu U L O V L r O U Q U Y r M O O v N 7 C N d d L Q L C C Q U Y a� E t v r Q Packet Pg. 355 8.I.b rCOAA PURCHASING COOPERATIVE 18639-8011 Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402•www.kcda.orp a� N INVITATION FOR BID `0 Bid#23-406 Sport Court and Field Lighting Q a� c Attachment A z aM J Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion a, c 0 c In submitting the proposal to provide products and/or services as outlined in the bid specifications, we hereby U certify that we have not been suspended or in any way excluded from Federal procurement actions by any ,o Federal agency. We fully understand that, if information contrary to this certification subsequently becomes U L available, such evidence may be grounds for non-award or nullification of a bid contract, r 0 0 U This certification is required by the regulations m le enting Executive Order 12549, Debarment and Q 0 Suspension, Participant's Res o ilities. U Y r M Signed: 0 Title: resident Firm: Hellas Construction, Inc. E Address: 12000 West Parmer Lane a� Q City, State, Zip: Cedar Park, Texas 78613 ; 0 Date: 1/2/2023 Q U Email rhawley@hellasconstruction.com Y a� E M Note: Electronic acceptance of these terms and conditions signifies compliance with above statement. (Line r item Whse bids) a King County Directors'Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 356 8.I.b KCDA Certification of Compliance with Wage Payment Statutes N L 0 The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date 11/9/2022, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of Q any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding c citation and notice of assessment issued by the Department of Labor and Industries or through a z aM civil judgment entered by a court of limited or general jurisdiction. M M 1 certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. 0 Hellas Construction, Inc. c�a v Bidder's Business Name o Jq U cLa Si uthor' d ffi ial* o v Reed J. Seato 0 Printed Name V Y President M 0 Title 0 1/2/2023 Cedar Park Texas Date City State c m E Check One: Sole Proprietorship ❑ General Partnership ❑ LLC ❑ Corporation Ll Q L State of Incorporation, or if not a corporation, State where business entity was formed: Q Texas Y If a co-partnership, give firm name under which business is transacted: E E z N/A r Q *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. Packet Pg. 357 8.I.b KCDAPURCHASING COOPERATIVE 18639-01 Ave.S. • P.O.Box 5550• Kent,WA 98064-5550• Phone 425-251-8115• Fax 253-395-5402• www.kcda.org INVITATION FOR BID a� N L 0 Bid#23-406 Sport Court and Field Lighting Q ATTACHMENT C-Special Provisions a� c z a� THESE INSTRUCTIONS SUPERCEDE AND TAKE PRECEDENCE OVER ANY OPPOSING LANGUAGE IN THE STANDARD aa) tM TERMS AND CONDITIONS -a c 0 A.SOLICITATION OBJECTIVES KCDA is seekingmanufacturers v, providers, or dealers/distributors to provide current and emerging Sport Court Field L Lighting to its members. J° U 0 Total approximate value of spend for this contract is between$6,500,000.00 and$9,000,000.00. However, KCDA does not guarantee any minimum or maximum value or number of orders. 0 c) Q —it is KCDA's intent to establish an annual multi-state contract with the potential of up to three (3) one-year v extensions if mutually agreed between KCDA and the awarded vendor(s). Bidders must be a manufacturer or a Y manufacturer's sales representative authorized to provide KCDA Sport Court Field Lighting in Washington,with the r, preferred ability to service surrounding member states (ex: Oregon, Idaho, Montana,Alaska). 0 Contracts established by KCDA are available for use by all public schools,colleges, universities,cities, counties, and other government agencies throughout the nation. Participation in KCDA is not required of any governmental M agency; however, participation does provide the legally required competition for contracts for commonly purchased products and services,thereby saving the entity the time and expense of a required competitive process. As allowed E by specific state statutes, members can issue purchase orders for any amount without the necessity to prepare their own IFB or gather necessary quotations. Q L Bidders must be an authorized manufacturer, sales representative or service dealer having a local sale,service and install presence in Washington State.The Bidder must also include a list identifying the states within which they are authorized to sell,service and install. If a portion of a state is serviced, bidder must specifically list the portion which o is serviced. Bidder can list by county, region,or territory. Bidder must provide the list as a separate document when Y submitting a response. The bidder may propose different pricing and rates for different installation areas as necessary to accommodate applicable wage rates and costs. Bidders must have a local sales presence that either reside or can be contacted within the additional states named to enable KCDA members to have onsite consultation, needs assessment, installation, integration,and training. Q It is the intent to award this contract to the most responsive, responsible vendor that can provide field lighting and related services to KCDA members which meet the terms,conditions and specifications outlined in the IFB. The -ontracted services are to meet or exceed all federal,state, and industry standards in addition to requirements as defined, established,set forth,and adopted by each agency and or organizations. The types of services and products may include, but are not limited to LED luminaries, Housing,Steel Poles, Foundation, Electrical components, brackets, miscellaneous fasteners,and bolts for product. Installation and training services. Packet Pg. 358 8.I.b By conducting this solicitation, KCDA intends to provide savings and to offer its members a choice of Sport Court --Field Lighting and Services at discounted pricing. KCDA's purpose is to: • Cooperatively serve our members and associate members through a continuous effort to explore and solve present and future purchasing needs. N • Provide government agencies opportunities for greater efficiency and economy in acquiring goods and `o services. • Equalize purchasing power for smaller agencies that are unable to command the best contracts for a themselves. • Maintain credibility and confidence in business procedures by maintaining open competition for purchases z and complying with purchasing laws and ethical business practices. °' J • Provide competitive price solicitations which meet the procurement laws of our members. aD aM • Secure multi-state volume purchasing contracts which are measurable, cost effective and continuously 2 exceed our members'expectations. • Provide quick and efficient delivery of goods and services by contracting with "high performance and >°, quality"vendors who understand our members' needs. v L 0 B. TIMELINE i Advertised as Bid#23-406 in DJC Seattle,Oregon o November 9th, 2022& November 16th, 2022 v January Sth,2023, Bids due no later than 2:00 P.M. PST v February 9th, 2023, Award recommendation Y February 16th,2023, Board Approval r, 0 March 15L,2023, Contract Start Date 0 C. SUBMISSION OF BIDS 3 Bidders are requested to submit pricing for Washington state per the drawings and specifications provided in this solicitation. KCDA requests pricing for its members in Oregon, Idaho, Montana and Alaska as well. Bidder is requested to submit either 1)separate price pages for each state being bid or 2) provide a pricing matrix that shows E a price factor to be applied to the Washington state pricing in order to calculate the pricing for other states. Pricing a� must be provided in hard copy and must be available in excel on flash drive or CD. a L Online submission of bid through Public Purchase is NOT accepted. • Submit sealed bids in 3-ring binder with an inside pocket and a set of dividers. Submit one (1) bound and signed copy of the bid plus one(1)electronic copy on CD or flash drive. Q • KCDA reserves the right to reject any or all bids and to accept any proposal deemed most advantageous to v KCDA members and to waive any informality in the bid process. Y • Bids shall be submitted as stated in this solicitation. Deviations to any terms,conditions and/or a� specifications shall be conspicuously noted in writing by the bidder and shall be included with the bid. No z cross outs or delineations shall be made to the existing document. Exceptions and deviations will be U considered in award evaluation. KCDA reserves the right to reject any deviations or exceptions stipulated in a a bidder response and may subsequently disqualify such bid if such terms are unacceptable to KCDA. Language to the effect that the bidder does not consider this solicitation to be part of a contractual - obligation may result in the bid being disqualified. • Withdrawals of bids will not be allowed for a period of 60 days following the opening. Withdrawal of bids prior to the opening date will be permitted. • Addendums if required,will be issued by KCDA through Public Purchase. Addendums will also be posted on the KCDA website(www.kcda.org) under Contracts&Bids—Vendor Bids. Addendums will not be mailed or e-mailed. It is bidder's responsibility to check for issuance of any Addendums prior to submitting Packet Pg. 359 8.I.b Addendums must be signed and returned with the bid document,or the bid will be considered non- responsive.All documents with signatures shall have original ink signatures. Electronic copies shall be scanned with original signatures. D. BID FORMAT 1. Preparation of the Bid Response N L O a. The IFB#23-406 is published in one PDF document on the KCDA Website,it is also published on the Public Purchase Website with all required documents and forms posted a separately. a� c • Cover Page indicates the Due date and where to send Bid documents to • Attachment A contains the Debarment Statement(signature required) °' J • Attachment B, includes Terms by Manufacturer(signature required) • Attachment C Special Provisions that take precedence; (signature required) :2 • Attachment D Manufacture Product Price List(completion required) • Attachment E1 Miscellaneous Fees(completion required) >°, c • Attachment E2 Service Price Schedule (completion required) c� • Attachment X Deviations(signature required) o • Company Profile(signature required) • Certification of Compliance(signature required) r • EDGAR form (signature required) o c� b. Bid Forms requiring signatures shall be submitted with original ink signatures, by the v person authorized to sign the bid. Failure to properly sign the bid documents or to make 1 other notations as indicated will result in the response being deemed non-responsive. r C. Corrections and/or modifications received after the opening time will not be accepted, except as authorized by applicable rule, regulation,or statute and KCDA. d. In case of an error in extension of prices in the bid, unit prices shall govern. N e. Periods of time, stated as several days,shall be in calendar days, not business days. f. It is the responsibility of all Bidders to examine the entire IFB 23-406 package,to seek clarification of any item or requirement that may not be clear, and to check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no right of withdrawal after due time and date. g. The Bidders'ability to follow the bid preparation instructions set forth in this solicitation a L will also be an indicator of the Bidders' ability to follow instructions N should they receive an award because of this solicitation.Any contract between the KCDA and a Bidder requires the delivery of information and data.The quality of Q organization and writing reflected in the bid will be an indication of the U quality of organization and writing which would be prevalent if a contract was awarded. Y As a result,the bid will be evaluated as a sample of data submission. a� E z U 2. Format of Bid Response a Bidders shall provide bids in a three-ring binder using standard size paper, clearly identified with the company name and the name of the IFB being responded to on the outside front cover and vertical spine. Clearly identified tabs must be used to separate the bid into sections, as identified below. Responses should be direct,concise,complete and unambiguous. Bidders failing to organize bids in the manner requested risk being considered non-responsive if bids are not easily read and understood. Awards will be made more efficiently and timely by following the required format. Packet Pg. 360 8.I.b Tab 1-Company Profile/Information • Responses should include a brief introduction informing KCDA of the qualifications and - experience of the Bidder, along with a brief company history. • Reference requirements: (3). Projects should be of similar size and complexity, preference given for government contracts. Tab 2-Response Forms • Debarment Statement-Attachment A N • Certification of Compliance with Wage Payment Statutes `o Z • Terms by Manufacturer-Attachment B(option: bidder may include this information in their own format as part of the pricing pages) a • Attachment C—Special Provisions c • Deviations—Attachment X aM • Edgar Certification Form a� 2 Tab 3—Pricing sheets supplied in IFB. c 0 • Price sheets supplied in IFB. c • A listing of products or services which are not listed on the price list which Bidder can provide v and may be considered as a value add for KCDA member agencies. o Jq E U Tab 4-Product Line Brochures and Literature r c 0 Tab 5-Marketing Plan: a • List shows,conferences,show examples of flyers or describe how bidder will market the KCDA v Sports Field Court Lighting Contract. 1 Tab 6—Authorized Dealers/Vendor Partners r, 0 • Provide letters from each manufacturer stating authorization to deal. • List all dealers/vendor partners authorized to utilize this contract through the vendor. N Tab 7-Addendums ' c E.VENDOR RESPONSIBILITIES • Designate and assign a dedicated senior-level contract manager(one authorized to make decisions)to the °' m L KCDA contract. This employee will have a complete copy and must have working knowledge of the contract. a • Train and educate sales staff on what the KCDA contract is including pricing,who can order from the contract,terms/conditions of the contract and the respective ordering procedures for each state. It is expected that the awarded vendor will lead with the KCDA contract. • Develop a marketing plan to support the KCDA contract in collaboration with respective KCDA member o agencies. Plan should include,but not be limited to, a website presence, electronic mailings, sales flyers, Y brochures, mailings,catalogs,etc. • Create a KCDA-specific sell sheet with a space to add a KCDA logo and contact information for use by KCDA 0 and the awarded vendors local sales representatives to market within each state. • Have ongoing communication with the Contract and Procurement Specialist at KCDA and the KCDA member agencies. Q • Attend two(2) "touch base" meetings at KCDA per year. One of those meetings may be participating in the KCDA Vendor Fair. • Participate in national and local conference trade shows to promote the KCDA contract. • Increase sales over the term of the KCDA contract. F. EQUIPMENT&RELATED PRODUCTS 1. New Sport Court Field Lighting and Services: Packet Pg. 361 8.I.b a. All Sport Court Lighting and Services provided under this contract must be new. Sport Court Lighting and Services which have not been used previously and are being actively marketed by the Manufacturers' authorized dealers. b. All branded Sport Court Lighting include components, spare parts, application software, and ancillary equipment supplied under this contract must conform to manufacturer specifications and shall be of new manufacture and in current standard production. The awarded vendor is responsible for ensuring that these items are operable and installed in accordance with N manufacturer's specifications. o See the Attachment D Manufacture Product and Pricing List for specifications for the product details. a 2. Sport Court and Lighting Services Installation/Removal z a) The installation and/or removal of contract Sport Court Lighting Services shall be performed in a °' J professional manner.The member's premises and equipment shall be left in a clean condition.The awarded (D vendor may be required to repair all damage and/or provide full compensation for damage to the member -a agencies premises and equipment that occurred during installation/removal. R c b) Personnel in charge of the installation must be available to coordinate installation with member agency's o internal staff. Qualified service support and technical personnel will be required to provide all necessary maintenance and repair. Installation dates and installation schedule must be approved by member agency. ci a. Installation crews may be working around students, teachers, and general staff. Installation may r require off hour and weekend work to accommodate and complete the project in the timeline U required by the member agency.The member agency will try to accommodate access for installation during school/business hours; however, any plan that displaces staff, students or personnel will v most likely create disruption to the ordinary daily schedule. After hours and weekend installations o are preferred and will be so identified in the proposal to the member agency. Y b. Project Manager for the awarded vendor shall verify proper installation at multiple and various times throughout the duration of the installation. o c. Upon successful completion of installation, test system functionality for all possible scenarios and document all outcomes. 0 f. Installment requirements (electrical certifications, plumbing certifications, licenses, permits N etc.). c 3. Field Court and Lighting Services Newly Installed Equipment or Related Product Problems E m m L a) Member agency will evaluate the performance of newly installed equipment for a 15-day period after a installation. If the performance is unsatisfactory,the member agency will immediately contact the awarded vendor to pursue corrective action and resolution of the problem. Resolution of performance problems may result in: • Repair or other action to correct the problem including training or modifications made to 0 member's satisfaction Y • The replacement of the Field Court Lighting Services with another Field Court Lighting Services of the same brand and model,at no additional cost(including delivery and installation)to the E member agency,or- U • Return of the Field Court Lighting Services with cancellation of the order at no charge to the a member agency. 4. Field Court Lighting Services Inspection/Testing/Acceptance a. Inspections,tests, measurements, or other acts or functions performed by the member agency shall in no manner be construed as relieving the awarded vendor from full compliance with contract requirements.At a minimum, an installed piece must demonstrate the capability of providing the functions and services specified in the manufacturer's published literature. 5. Field Court and Lighting Services Maintenance,Repair and Service Packet Pg. 362 8.I.b a. Maintenance, repair,and service related to the operation of Field Court Lighting Services must be provided to member agency. b. Excessive Service and Downtime: : Field Court Lighting Services including all components,spare parts, application software,and ancillary equipment supplied through this contract shall be capable of continuous operation.Therefore, awarded vendor shall guarantee that all Field Court Lighting Services will be operational at least 98%of normal business hours. Field Court Lighting Services that develop a trend of requiring an excessive number of service calls shall be reported by the member agency to the awarded vendor or by the awarded vendor to the member N agency as the situation warrants and a corrective action and resolution will be made in a manner o that is best for the member agency. C. If the performance of maintenance services under the contract results needs a to replace defective parts,such items may only be replaced by new parts. In no instance shall the awarded vendor be permitted to replace defective items with refurbished, remanufactured,or surplus items without prior written authorization of the aM member agency. aa) d. Awarded vendor must guarantee the availability of repair parts for a minimum of five(5) -a years after member agencies acceptance of the contracted. c 0 Field Court and Lighting Services c) L 6. Field Court and Liahtina New products and/or Services J° a. Field Court lighting Services must meet the scope of work to be added to the contract. U b. Pricing shall be equivalent to the percentage discount for other products. c. Awarded vendor may replace or add product lines to an existing contract if the line is replacing or v supplementing products on contract, is equal or superior to the original products offered, is o discounted in a similar or to a greater degree, if it is within the same awarded manufacturer and if Y the products meet the requirements of the solicitation. d. No products may be added to avoid competitive procurement requirements. KCDA may require r, additions to be submitted with documentation from KCDA members demonstrating an interest in, or a potential requirement for,the new product or service. 0 e. KCDA may reject any additions without cause. N 7.Field Court Lighting Services Discontinued Products c If a product or model is discontinued by the manufacturer, awarded vendor may substitute a new E product or model if the replacement product meets or exceeds the specifications and performance of a the discontinued model, it is within the awarded manufacturer and if the discount is the same or greater a than the discontinued model 0 NOTE: listing the above specifications shall in no way relieve the awarded vendor from the responsibility to a follow proper code and regulations. o U Y G.TRAINING&SUPPORT W if applicable, please state specifically the amount of training which will be provided at no charge.Then list the charge per hour of additional training if applicable(see Bid Sheet). a a. if specified by the member agency,staff in-service shall be offered following the installation.Training needs must be quantified and specified by the member agency. Awarded vendors shall provide appropriate pricing(if applicable) based upon each member agencies training need. It is understood that some training may be provided free of charge and some may incur charges. Please outline your training philosophy and related pricing structure. b. If desired follow up training may also be scheduled to further support usage and to identify Any individual training needs. Please include follow up training pricing as well. Packet Pg. 363 8.I.b —4.PUBLIC WORKS LANGUAGE ✓endor agrees that, in performance of the services required under this agreement,Vendor shall abide by all federal,state,local and Washington law and regulations that may apply to construction and public works. It is the responsibility of the Vendor to determine applicability and requirements of any such laws and to abide by them. as N L 0 a) Public Works: State of Washington statute requires workers be paid prevailing wages when employed on public works Q projects and on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010 and 020) It is the contractor's responsibility to be acquainted with and comply with State regulations regarding payment of prevailing wages on public works projects. Prevailing Wages are established by the Washington °' State Department of Labor and Industries and can be obtained on the web at http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/defauIt.asp or by contacting Labor and -a Industries at 360-902-5335. A copy may also be requested from KCDA. KCDA serves all counties in c Washington State. The County in which the project is located will be identified once a member initiates a 0 request for the service,and the effective wage rate to be applied to a specific project is to be based on the date of this bid during the original contract term,and if contract extensions are granted,the prevailing wage v L rate in affect at the time of the latest extension. ,° U L Application: The Public Works Act regulates wages paid to workers, laborers and mechanics performing v public work. It does not apply to work that is clerical, executive administrative or professional in nature. It o does not apply to work of a secretary,engineer,or administrator, unless they are performing construction Y work,alteration work, repair work, etc. Prevailing wage application depends on the work that is performed, regardless of the worker's job title. (RCW 39.12.020 and WAC 296-128-510 through 530) �c i 0 v 0 Definition: 0 Public Works is all work,construction,alteration, repair,or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to,demolition, remodeling, renovation, road construction, building construction,ferry construction and utilities construction. (RCW E 39.04.010) a� Q L Public Building Service Maintenance Contracts: Prevailing wages are also required on all public building service maintenance(janitorial)contracts. (RCW 39.12.020) Q 0 U Y Contractors bidding a Public Works project exceeding$1,000,000.00 must declare who their MVAC, Mechanical and Electrical subcontractors will be within one hour of bid submission and the listing of structural installation and rebar installation subcontractors within 48 hours of bid submission and submit this information with bid documents in order for the bid to be responsive.(RCW 39.30.060). f° Q Apprentice Utilization Requirements(AURs) Public works projects should conduct a 15%apprentice utilization requirement if the project belongs to any of below, • State public works estimated to cost$1 million dollars or more. • Department of Transportation projects estimated to cost$2 million or more. • All school district public works projects estimated to cost$1 million or more; and Packet Pg. 364 8.I.b • All public works by a state four-year institution of higher learning estimated to cost$1 million or more. And one of three requirements should happen on a project: • The project meets the 15%AUR. • The project does not meet the 15%AUR, however the awarding agency approves a good faith effort; or • The monetary penalty written in the contract is assessed. N L 0 Good faith efforts are for the entirety of a project, not a single occupation unless there happens a to be only one apprentice able occupation on the project. Therefore,the prime contractor a� cannot only consider their occupation(s)when requesting a good faith effort and leave out the S occupations and workforce used by subcontractors. o, J (D Within existing resources,awarding agencies are responsible for monitoring apprenticeship -� utilization hours by contractor. There must be a specific line item in the contract specifying that apprenticeship utilization goals should be met, monetary incentives for meeting the goals, monetary penalties for not meeting the goals, and an expected cost value to be included in the v bid associated with meeting the goals. The awarding agency must report the apprenticeship ,o utilization by contractor and subcontractor to the supervisor of apprenticeship at the U department of labor and industries by final project acceptance. The electronic reporting system that is being developed by the department of labor and industries may be used for either or ti both monitoring and reporting apprenticeship utilization hours. o U Y Refer to RCW 39.04.320,which covers apprentice utilization on public works projects for r M detailed information. v 0 Reciprocity, In accordance with RCW 39.04.380 any bidding process for public works in which a bid is N received from a nonresident contractor from a state that provides a percentage bidding preference,a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. This does not apply to public works procured pursuant to RCW 39.04.155,39.04.280 or other procurement exempt E from competitive bidding. a� a b) Prevailing Wage: Definition: Prevailing Wage is the hourly wage, usual benefits,and overtime, paid in the largest city in each county,to most workers, laborers, and mechanics. The rate is established by the Department of Labor and Industries for each trade and occupation employed in the performance of public work. If Federal funds are o used, bidders must comply with provisions of Davis-Bacon Act. Y Basic procedures:A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed E and approved for the contractor and all subcontractors. No payments can be made until all M U contractors/subs have submitted an approved intent form. KCDA cannot release retainage until all Contractors have an approved Affidavit of Wages Paid form certified by the Industrial Statistician. (RCW Q 39.12.030,040,042)Once the work is successfully completed, KCDA will release 95%of the project cost and withhold 5%retainage for 45 days as dictated by law. The final 5%will be paid when the following is completed: Receipt of approved Affidavit of Wages Paid Forms, Releases from Washington State Department of Labor& Industries, Employment Security Department and the Department of Revenue,and acceptance of project completion to the satisfaction of the KCDA ordering member. The cost of filing required Intents and Affidavits is the responsibility of the Contractor and may not be added as a line item charged to the member agency. All Intents and Affidavits must name the aaencv for whom work is being performed as the contract award agency,not KCDA. Packet Pg. 365 8.I.b Federally Funded Projects: In addition to the Federal Requirements of Section III, Housing and Urban Development(HUD)Terms and Conditions,Davis-Bacon prevailing wage requirements apply to public works construction contracts of$2,000 or more when a project includes any federal funding of any amount.When there is a difference between applicable state and federal prevailing wages for a particular classification of labor,contractors and subcontractors are required to pay the higher of the two prevailing wages. Applicable federal prevailing wage determinations can be found at https://sam.jzov/content/wage-determinations. Contractors/Subcontractors must be knowledgeable and adhere to all federal prevailing wage requirements, N including but not limited to paying workers weekly and providing certified weekly payrolls for the contractor o and subcontractors of any tier as required in the Davis-Bacon Act and applicable U.S. Department of Labor regulations. Falsification of any prevailing wage payroll records may subject the contractor or subcontractor a to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code. Contractor shall inform all subcontractors of the Davis-Bacon requirements and the prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the °' contract clauses. Contractor must coordinate all requirements related to federal funded projects with the KCDA member Agency. -a c c) Responsible Bidder 0, Before award,the bidder must meet the following state responsibility criteria and, if applicable, supplemental responsibility criteria to be considered a responsible bidder.The bidder is required to submit v documentation demonstrating compliance with the criteria. J° U L Low Responsible Bidder A.State Responsibility Criteria.The Bidder must meet the following state responsibility criteria: v 1.At the time of bid submittal, have a current certification of registration in compliance o with chapter 18.27 RCW. Y 2. Have a current Washington State Unified Business Identifier(UBI) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 0 or 39.12.065(3). 4. If applicable: 0 a. Have Industrial Insurance(workers' compensation)coverage for the Bidder's 3 employees working in Washington State, as required in Title 51 RCW. b. Have a Washington State Employment Security Department number,as required in Title 50 RCW; and E c. Have a Washington State Department of Revenue state excise tax registration number,as required in Title 82 RCW. a 5:New bidder requirement. Certify that within the three-year period immediately preceding g the bid solicitation date: c a.The bidder is not a "willful"violator, as defined in RCW 49.48.082,or any provision of chapter 49-46,49.48 or 49.52 RCW. o b.As determined by a final and binding citation and notice of assessment issued Y by the department of labor and industries or through a civil judgement entered by a court of limited or general jurisdiction. c.As of July 1,2019,WA Labor and Industries has required all businesses to have public works M training before bidding and/or performing work on public works projects.This training requirement Q has been added to the responsible bidder criteria in RCW 39.04.350 and RCW 39.06.020. Awarding agencies are required to verify all contractors submitting bids meet this requirement before awarding the contract. 6.At the time of bid submittal, provide signed sworn statement in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder follows the new responsible bidder criteria requirement. 7.Supplemental Bidder Responsibility Criteria. If supplemental criteria apply to this project, Packet Pg. 366 8.I.b the criteria are included as "Exhibit A."The Bidder may make a written request to modify any or all the supplemental criteria. Modification of supplemental criteria shall be at KCDA's discretion. Any modifications to the supplemental criteria shall be made by addenda prior to bid opening.. Subcontractor Responsibility The contractor shall include the language of this section in each of its first-tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each N of their subcontracts,adjusting only as necessary the terms used for the contracting parties. o The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution,the Contractor shall verify that each of its first-tier subcontractors a meets the following bidder responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. aM 2. Have a current Washington State Unified Business Identifier(UBI) number. (D 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or -a 39.12.065(3). c 4. If applicable: o a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington State,as required in Title 51 RCW. v L b. Have a Washington State Employment Security Department number,as required ° in Title 50 RCW;and c. Have a Washington State Department of Revenue state excise tax registration number,as required in Title 82 RCW v 5. Have an electrical contractor license,if required by Chapter 19.28 RCW. o 6. Have an elevator contractor license, if required by Chapter 70.87 RCW. Y Payment&Performance Bond: c i The prime Contractor shall provide a Performance and Payment Bond at 100%of the contract price to the KCDA member with a copy to KCDA before work begins. The only exception is for 0 contracts of one hundred fifty thousand($150.000)dollars or less. In this instance,at the option of the Contractor,the member may in lieu of the bond retain ten percent of the contract amount for a period of thirty days after date of final acceptance,or until receipt of all necessary releases from the Department of Revenue, Employment Security Department, and E the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW,whichever is later. The bond shalt be issued by a surety company authorized to do a business in the State of Washington and shall be on standard forms used for public projects , (RCW 39.08.010) and as directed by the KCDA member. Performance and Payment bonds for KCDA members outside Washington must be provided by o companies licensed to provide bonds for public entities in the member's state. Y Licenses E The prime contractor shall possess and maintain in status all federal,state, and local licenses,bonds,and permits required for the performance and delivery of all products f° and services offered in its response to the bid solicitation. Before submitting a bid, Bidders must Q hold a current,valid contractor's license as required in Washington. The contractor's license must be in the name of the legal entity submitting and signing the bid. A Bidder may not substitute a contractor's license held by a subcontractor or joint venture. Bidders submitting bids in Washington State without a valid contractor's license in the name of the Bidder are in violation of RCW 18.27.020, It is the responsibility of the prime contractor to ensure any subcontractors performing under this contract holds and maintains appropriate licenses. Packet Pg. 367 8.I.b KCDA reserves the right to request copies of licenses at any time during the contract.Copies of - licenses, upon request, must be submitted to the member prior to performing the work. The Contractor agrees to keep and ensure subcontractors keep any required license, permit or bond current and in compliance with Washington rules, regulations,and statutes, as well as in states outside Washington in which contractor performs work under this contract. For work performed for any Washington State school district, public agency or municipality,the Contractor must comply with the bidder responsibility requirements of RCW 39.04.350 prior to N the KCDA member awarding a contract. The contractor must verify the responsibility of all o subcontractors used in accordance with RCW 39.06.020. Q d) Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the responsibility of the successful Contractor/Bidder. aM J e) Certificate of Insurance: A certificate of insurance demonstrating current coverage of the types and W amounts of insurance required by KCDA and the KCDA member must be provided to the KCDA member prior -a to performance of any work. In addition,the Commercial General Liability policies must be endorsed to R name KCDA and the KCDA member as additional insureds. Such policies must be further endorsed to 0 provide that the insurance is primary as respects KCDA and the KCDA member, and that any other insurance maintained by KCDA and the KCDA member shall be excess and not contributing insurance with the v L Contractor's insurance.These endorsements must be provided along with the certificate of insurance. The J° KCDA member must both approve the certificate of insurance and endorsements. U L r.+ f) Acceptable Pricing Method: v KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, (i.e.sole o source) in which KCDA and Vendor may mutually determine the Alternative Costing Method is acceptable. Y This will be the exception rather than the rule. RS Means or line-item bid pricing is acceptable r M O O v g) Progress Payments: 3 The Contractor shall be paid,upon submission of a proper Payment Request,the prices stipulated herein for a work performed(less deductions, if any),in accordance with all payment and retainage instructions herein. Submitted Payment Requests must contain the following minimum information: E a.Contract Number b.Bid item ID, bid quantity, unit, unit price and description as appropriate a c.Sales Tax as applicable The Payment Request will be reviewed by the Member before payment is made. If the Member disagrees with the Payment Request, KCDA will issue a notice requesting a revised Payment Request. Q 0 KCDA,at its discretion, reserves the right to withhold payment on a given project,pending receipt of Y payment from the customer. a� E In accordance with RCW 51.12.050, KCDA reserves the right to deduct from the payment any outstanding industrial insurance premiums owed by the Contractor or Subcontractors. f° Q h) Payment Retainage: In accordance with RCW 60.28 contract retainage [not to exceed five percent of the moneys earned by the contractor toward completion of a public improvement contract] shall be withheld and reserved in one of two ways: a. As a trust fund for the protection and payment of 1)the claims of any person arising under the contract, and 2)the state with respect to taxes imposed pursuant to Titles 50, Packet Pg. 368 8.I.b 51 and 82 RCW which may be due from such contractor. Upon completion of a contract,the member agency shall notify the Department of Revenue,the Employment - Security Department,and the Department of Labor and Industries of the completion of contracts over one hundred fifty thousand dollars. KCDA will issue payment on the retainage amount forty-five days after notice from the KCDA Member Agency that the contract has been accepted as complete or upon receipt of all necessary releases, whichever is later. b. Option of providing retainage bond for the full amount of the retainage(5%of the N contract amount with a performance bond).This bond is separate from the o performance bond under RCW 39.09.10. Providing a retainage bond means no retainage is withheld. If you choose to provide a retainage bond a copy of the bond Q must be submitted. a� c a� ij FORCE MAJEURE JW Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default under -a this contract, if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control or responsibility 0, of the party affected and occurs without its fault or negligence, including, but not limited to the following: acts of God;acts of the public enemy;war; riots;strikes; industry-wide labor disputes; civil disorders;fire; v L flood;snow;earthquakes;tornadoes or violent winds; hail storms; lockouts; injunctions-intervention-acts, or .° failures or refusals to act by government authority;and other similar occurrences beyond the control or U responsibility of the party declaring force majeure,which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring it notifies o c) the other party of the existence of the force majeure and shall be deemed to continue if the results or Q effects of the force majeure prevent the party from resuming performance in accordance with the contract. v The party receiving the notice of force majeure may contest the declaration of a force majeure. Force Y majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer's r, plant or elsewhere,an oversold condition of the market, inefficiencies, internal labor disputes,or similar occurrences. If either party is delayed at any time by force majeure,the delayed party shall notify the other o party in writing of such delay within forty-eight(48) hours. 1. PRICING IFB-The bidder shall submit pricing on the Pricing Pages included or on Attachment B in this IFB. Vendor bid pricing E shall include a 2%administrative fee on all line items and charges.The administrative fee must be part of the bid a price. If you are bidding a catalog price less a discount, make sure the administrative fee is included in the net price Q to the member agency. Pricing must include the 2%KCDA service fee so the service fee is invisible to KCDA members. N For all Sport court field lighting and services, pricing may be by line item or discount off manufacturer price list o (Attachment B). Accessories and materials may be from other manufacturers or sources but must be identified and Y priced in the IFB response either by item or via catalog discount. On the pricing sheet, list and group accessories and materials by manufacturer for ease of identification. Respondents will choose only one pricing method to be used per manufacturer.Alternative pricing methods shall be addressed in Attachment B. Proposals received that provide both for a single manufacturer will be found non-responsive. Q Fixed prices shall be firm until each anniversary date of contract, unless there is an occurrence of one or more economic price adjustment contingencies outlined in the bid. If price adjustment contingencies occur, or not less than ninety(90)days prior to each contract anniversary date, awarded vendor may submit a fully documented request for price adjustment to KCDA. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of bid submittal and results from an increased cost to awarded vendor that was out of awarded vendor's control. Packet Pg. 369 8.I.b KCDA will review requests for fixed price adjustments to determine if the new prices or another option is in member agencies' best interests. If accepted, new fixed prices shall apply to the contract upon approval from KCDA. Price changes shall be a factor in contract renewal. The awarded vendor agrees that the cost for any item bid on this contract may vary by state due to specific requirements or other jurisdictional impacts. If the overall cost is discounted or lowered for any member agency, however,the cost will be similarly lowered or discounted at the same time for all member agencies for the same scope,size,and value. (If a KCDA member agency proposes to purchase a large volume of one product at one time N and the awarded vendor agrees to provide an additional discount,that same volume discount would be available to 0 any KCDA member agency.) Q It is understood and agreed upon between Bidder and KCDA that the Bidder's pricing does not include the cost for any site-specific conditions or requirements. Site specific requirements shall be addressed on a case-by-case basis at the time the order is placed. Any additional cost(s) are to be priced by methods designated under"Options",or by J RS Means, as indicated in bidder's response to this solicitation. a� Warranty: Describe the warranties that apply to the products offered in the IFB response and when warranty date c will commence. Identify any website links that cover warranty information. The manufacturer has the primary 0, responsibility to honor a manufacturer'warranty. Awarded vendor agrees to assist the member agency reach a v solution in a dispute with the manufacturer over a warranty's terms. Any extended manufacturer's warranty will be o passed on to the member agencies. List any pricing applicable to warranties in Attachment D of the IFB response. L r.+ O U Q -- Risk of Loss or Damage: Awarded vendor shall retain title and control of all goods until they are delivered and U received. All risk of transportation and all related charges shall be the responsibility of the awarded vendor. The Y awarded vendor shall file all claims for visible or concealed damage. The member agency will notify the awarded r, vendor and/or freight company promptly of any damaged goods and shall assist the freight company/awarded vendor in arranging for inspection. No F.O.B.vessel, car or other vehicle terms will be accepted. 0 c m Taxes: Member agencies,who have obtained Bid#23-406 Sport Court and Field Lighting under the terms of this E m contract,will be responsible for payment of all taxes related to acquisition of the Bid#23-406 Sport Court and Field Lighting such as sales tax, property tax,etc. Awarded vendor must separately list all such taxes on member proposal a L and subsequent invoice. N Q 0 U Y J.FUNDING OUT CLAUSE Any acquisition agreement with a KCDA member agency that exceeds one(1)year shall include a standard "funding E out"clause. Such an acquisition is a commitment of the entity's current revenue only, provided the agreement U contains either or both of the following provisions: a 1.Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the agreement. 2.Conditioned on a best effort attempt by the entity to obtain appropriate funds for payment of the acquisition. Packet Pg. 370 8.I.b K.AUTHORIZED DEALERS/VENDOR PARTNERS The bidder must secure from the manufacturer, if the bidder is not the manufacturer,a written guarantee executed by the manufacturer that the bidder is an authorized dealer of that manufacturer.This can be submitted as a Manufacturers Guarantee/Manufacturers Certificate, or a statement on the manufacturer's letterhead with corporate acknowledgement. Failure to provide will result in award disqualification for that manufacturer. Bidder may propose a network of authorized dealers/vendor partners through whom the bidder intends to perform N the contract. Member agencies may be directed to bidders' network of authorized dealers/vendor partners for o Sports Field Court Lighting; however,the awarded vendor shall be responsible for the actual job performance of each authorized dealer/vendor partner.This includes but is not limited to proper ordering process and reporting,or a submittal of 2%service fee. Unresolved problems with the authorized dealer/vendor partner may be referred to the awarded vendor for resolution. Bidders are to identify and list each of the authorized dealers/vendor partners they intend to involve in contract performance. aM J N Awarded vendor must be capable of replacing authorized dealers/vendor partners found unsuitable to participate in performance on the KCDA contract and establish new authorized dealers/vendor partners in a timely manner. o c c) L q During the contract period,the awarded vendor or purchasing agent may remove an authorized dealer/vendor U partner from the list of those designated to this contract at any time without further explanation or process.The awarded vendor may propose authorized dealer/vendor partner additions for consideration at any time throughout v the contract provided. o U `1 • The request is in writing on awarded vendors letterhead. • It is filed with the Purchasing Agent a minimum of 30 calendar days before the effective date of the o proposed change. • It clearly identifies the authorized dealers/vendor partners involved in the change. • It is accompanied by documentation acceptable to the Purchasing Agent sufficient to warrant the change. c m E m m L.AWARD 1. Evaluation a L It is the intent of KCDA to award a manufacturer's complete line of products based on the specifications N provided when possible and advantageous. KCDA expects to award to the lowest responsive and responsible bidder per unique manufacturer specifications that meet IFB terms, conditions, and criteria o specified. An award is at the sole discretion of KCDA. KCDA reserves the right to reject any or all proposals, Y accept the proposal(s)that are deemed most advantageous for KCDA member agencies, and waive any irregularities in the solicitation process. E z U r Awarded vendors will be required to turn in updated specifications for the manufacturers awarded. a Packet Pg. 371 8.I.b The following criteria will be used in evaluating responses to this IFB. An award is anticipated to be made to a bidder with the highest rating per manufacturer product line. Subsequently, multiple awards may be made. Evaluation Criteria and Weight Proper submission of proposal 10 N .L Comprehensiveness of product 10 and services provided a Related Experience 15 c Pricing 50 Presentation of full and complete product offering that can meet variety of member 15 agencies 0 requirements/timeline. TOTAL POSSIBLE POINTS 100 ci L 0 V Clarification and/or Discussions r Clarification of a response may be necessary. KCDA will communicate with the bidder(s)for the purpose of 0 eliminating minor errors,clerical errors, and/or irregularities. Clarification is accomplished by explanation or a substantiation,either in response to an inquiry from KCDA or an inquiry initiated by a bidder. Clarification does not U U give a bidder the opportunity to revise, change or modify their response in any way. Discussion takes place after the Y initial receipt of proposals. KCDA reserves the right to conduct discussions with bidders whose responses are M determined to be reasonably inclined toward receiving a contract award. Discussion may occur when oral or written communications between KCDA and the bidder are conducted for the purpose of clarifying information to 0 determine the acceptability of a response. KCDA will not assist the bidder in bringing the bidder's response to the same level of other responses received by KCDA. Further, KCDA will make no indication of pricing or other information received from other bidders. as E as as L Competitive Ranae: KCDA reserves the right to establish a competitive range of acceptable responses as part of the a evaluation process as defined herein. Responses below the competitive range will be determined to be unacceptable and will not receive further consideration. Q 0 M.ORDER PROCESS&REPORTING Y 1. The awarded vendor must verify that a customer is a KCDA member.A current list of member agencies is posted on the KCDA website under the KCDA Membership tab. If the awarded vendor's customer is not posted E on the KCDA website,the awarded vendor must verify membership with the KCDA Contract Specialist. If the z customer is not a member agency, but is eligible to become a member agency,the Contract Specialist will give r the awarded vendor's customer instructions regarding the membership process. Q 2. The awarded vendor will submit a signed and dated proposal or quote to KCDA member in accordance with the pricing awarded under this IFB. All Sports Field Court Lighting purchased must include the KCDA 2%service fee as a part of the price to the member agency. Do not list the 2%as a separate line item.The awarded vendor must specifically state the KCDA IFB name&#on the proposal to the KCDA member. The proposal must identify the member contact name,e-mail address and phone number for the person responsible for approving the purchase.This information is critical and if not provided may be grounds for delaying the processing of the order as well as eventual payment to vendor. Packet Pg. 372 8.I.b - 3. The KCDA member will send a copy of their PO made out to KCDA and a copy of the vendor quote to the Contract Specialist designated on the Awarded Contracts page. Upon KCDA's verification of membership and pricing, KCDA will create and forward a KCDA Purchase Order to the designated point of contact at the vendor. The Contract Specialist will request additional information, such as scope of work and item/part number along with pricing for each line item as needed. Failure to provide adequate evaluation information may result in delay of approval by Contract Specialist. N L O 4. A copy of the order will be kept on file at KCDA. .r Q 5. Orders processed against this contract with customers who are not KCDA member or without e-mailed approval from KCDA are in violation of IFB#23-406 Awarded vendors not following proper procedures may be removed from consideration for future awards. KCDA reserves the right to revise the ordering process above at their sole discretion if deemed necessary for contract management —J or audit purposes. An implementation for change will be coordinated with the awarded vendor. -aM N. CHRISTIAN DOCTRINE Any federal, state, and local governing authority's/jurisdiction's statutes, codes, rules, and o regulations referenced and/or govern the products, service and activities relating to and are part of this solicitation, whether or not physically noted or included, shall be c mr d with and adhered to as required. It is sole f° U responsibility of the Bidder to perform and comple a y n cessary research and investigation required to make o themselves aware of and comply with this item. L Signature Reed J. Seaton, President 0 g Must be am gnature t at appears on Bid Affidavit and Acceptance Forms p U Y r M O O v N 7 C N E d d L Q L C� C Q U Y a� E t v r Q Packet Pg. 373 8.I.b ATTACHMENT X—Deviations and Miscellaneous Fees Bid#23-406 Sport Court and Field Lighting 1. Product I Order Specific Specifications Bidders must check either the"Comply"or"Deviate"column for each inspection item. All N L deviations shall be noted and explained below. G Item Description Tier One Comply Deviate a 1.1. Units must be a new, unused model and current production. No reconditioned or used equipment will be accepted.All X z equipment and accessories cataloged as standard shall be J included as part of this specification. 1.2. The Member Agency will have access to a full inventory of the R awarded product line; multi-line vendors must inventory at X 0, least most categories listed in the bid. c� L 0 1.3. Awarded vendor(s)shall maintain a minimum monthly overall q average fill rate of 95%or above. Items that are reordered, r backordered,or partially filled are not considered filled items X o when calculating this service level. v a 0 1.4. Orders must be confirmed with member within 48 hours after v X Y receipt of an order 90%of the time. r M 1.5. Awarded vendor(s) must be a manufacturer's authorized sales and service dealer for all proposed equipment/software.An o authorized sales and service dealer is defined in this solicitation as one purchasing their products for resell directly from the manufacturer(s)or the manufacturer's approved channels. Products that result from new authorized sales and service X E dealer arrangements between the awarded vendors) and the m manufacturer during the term of this contract may be added a and offered through the KCDA contract. 1.6. All charges and components necessary for performance of the contract shall be clearly identified even if such are not Q specifically addressed in any paragraph or sub-paragraph or X v form that is a part of this request. Y 1.7. If the awarded vendors) intends to utilize independent E agents/distributors, subcontractors and/or third-party agents to U perform and/or provide any part of the products and services X Q offered herein,the awarded vendors) must identify all providers and any and all associated costs with these providers. ATTACHMENT X—Deviations and Miscellaneous Fees Page 1 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 374 8.I.b Item Description Tier One Comply Deviate 1.8. Optional services must be identified separately and must X include clear descriptions of proposed services. 1.9. Awarded vendor(s) must be able to supply paper catalogs where requested.The catalog shall have a cover label indicating that the catalog's contents are available through the participating Member Agency and the KCDA contract.The label X shall identify the KCDA contract number, discount level(s) and o any special ordering instructions. 1.10. Awarded vendors) must maintain a toll-free technical support a line open 8 a.m. Pacific Time zone until 5 p.m., Pacific Time X c zone, Monday through Friday. 1.11. Awarded vendor(s)shall provide a Material Safety Data Sheet W (MSDS)for all items sold, if required.A separate sheet shall be -a provided for each individual item when purchase is made. X c 0 c 1.12. Awarded vendors)shall reference item part numbers for all v items on quotes for specific work. X `0 Jq E 1.13. Awarded vendors) provide site survey,analysis, consultation, and recommendation to member to enhance the project for the X member agency. v a 1.14. Does vendor have workable e-commerce website that they can post the KCDA contract items and provide link for KCDA X Y webpage? M 0 v 0 2. Products&Services ( Equipment,Analysis,Reporting,Installation,Maintenance,&Repair N Bidders must check either the"Comply"or"Deviate" column for each inspection item. All deviations shall be noted and explained below. m Item Description Tier Two Comply Deviate E 2.1. Sport Court Lighting products and services shall be ordered on 0 a� an as needed basis throughout the term of the contract. X a L 2.2. Awarded vendor is responsible for complete installation including installation of Steel poles, LED luminaire bulbs, Pole Q 0 foundations, Control System,Electrical systems and configuring U Y software.This shall be in accordance with the manufacturer's X requirements and pursuant to all applicable federal,state, and local code, safety,and other rules, regulations,and laws. 2.3. Personnel in charge of the installation must be available to coordinate installation with member agency's internal staff in X a charge of the member's network and IT services. ATTACHMENT X—Deviations and Miscellaneous Fees Page 2 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 375 8.I.b Item Description Tier Two Comply Deviate When network connection is planned,Vendor shall assure coordination with the customer's systems support or information services staff and shall confirm that ordered unit is X properly configured to assure successful integration with customer's existing network. 2.4. Equipment, including all accessories and software, supplied through this contract shall be capable of continuous operation. ^' �L Therefore, awarded vendor shall guarantee that all contract 0 equipment will be operational at least 98% of normal business a hours. Equipment that develops a trend of requiring an excessive number of service calls shall be reported by the = member agency to the awarded vendor. Awarded vendor and X 2M member agency should work together to identify an acceptable resolution of the machine's performance problems. The resolution will be what is most advantageous to the member agency. 0 2.5. In the case of equipment or services needing repair, requirements and arrangements for loaner equipment will be U made between the awarded vendor and member agency.The X ,o resolution will be what is most advantageous to the member U agency. r 2.6. Member agencies shall be afforded the option to move or 0 transfer contract equipment and services from one agency U location to another agency location as deemed necessary. For U member agency self-moves,the awarded vendor must be Y notified prior to relocating equipment.The member agency M will be responsible for repairs required for damage that occurred during the transfer.Awarded vendor shall be notified 0 of the move to ensure continued maintenance service and N accurate record keeping. c Alternately member agency may elect to have the awarded m vendor move the equipment and services and pay a move and set-up fee.The awarded vendor will provide a moving price X a prior to the move and hold the price firm. No other fees apply, L and the awarded dealer is responsible for repairs required N following such transfer. 2.7. Maintenance is offered to maintain contract equipment and o services at performance levels equal to or greater than the U performance specified and published by the manufacturer or the specifications. • Awarded vendor must indicate types if maintenance options z available and services. • Awarded vendor offers pricing for maintenance on all X Q equipment and services under the contract. Awarded vendor must include hourly rates(and all fees such as travel, hardware,software)for after hours, nights,and weekends. ATTACHMENT X—Deviations and Miscellaneous Fees Page 3 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 376 8.I.b Item Description Tier Two Comply Deviate 2.8. All installation, maintenance,and repair shall be done by X personnel knowledgeable,trained, and certified. 2.9. Awarded Vendor shall provide training and consultation about the interactive technology equipment and services.This training shall include all member personnel who are involved with the use of these systems.Awarded vendor indicates amount of training provided at no charge and per hour charge I- for additional training. °, • Equipment and software training. X a • In person and online training. a, • Technical and maintenance training. z a� J N 3. Response Times I Emergency&Technical Services Bidders must check either the"Comply" or"Deviate"column for each inspection item. All c deviations shall be noted and explained below. Item Description Tier Three Comply Deviate L 3.1. Emergency Services and emergency technical services shall be '° available 24 hours a day/7 days a week to minimize system X v L downtime. c 0 3.2. v Remote or telephone technical support will be provided within o thirty minutes at no additional cost to the Member Agency. X v Y 3.3. If on-site emergency repairs are requested,the technician shall X r, arrive on site within four hours. 3.4. Awarded vendor allows for high level of planning toward future 0 expansion,while examining the requirements of long-term X maintenance and service of these systems. c m E (Continued on Next Page) a� Deviations Continued: a L INSTRUCTIONS: 1. If"no" is checked below, complete this form by signing it at the bottom. p 2. If"yes"is checked below,either insert answers into this form or create a Microsoft Word table format Y to provide narrative explanations of exceptions. If adding pages, the bidder's name and identifying information as to which item the response refers must appear on each page. 0 3. Scan this form plus any attachments into a single PDF document. 4. Title the file "Part D- Deviations." S. Exceptions to local,state or federal laws cannot be accepted under this bid. a ATTACHMENT X—Deviations and Miscellaneous Fees Page 4 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 377 8.I.b NO,this bidder does not have deviations(exceptions or alternates)to the specifications listed in Parts C&D. YES,this bidder has the following deviations to the specifications listed in Parts C& D. Outline Specification (describe) Details of Deviation (Pg. & d Form) L O s r Q s J d O _ O _ U L O w+ V L _ O U Q 0 U O Signature: �� 7 o Reed J. Seaton, President rn Print Name: _ ***Must be some signature that appears on Bid Affidavit and Acceptance Forms *** m E m m L CM Q L 4) C� C Q U Y r _ d E s m w Q ATTACHMENTX—Deviations and Miscellaneous Fees Page 5 of 5 Bid#23-406,Sport Court and Field Lighting Packet Pg. 378 8.Lb PURCHASING COOPERATIVE CAMr 18639-80T"Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425 251 8115 Fax 253-395-5402•www.kcda.org Uniform1 ' R" Certification Form 2 CFR Part 200 When a purchasing agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This L includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost 0 Principles and Audit Requirements for Federal Awards, 2 CFR 200,referred to as the"Uniform Guidance" or new a "EDGAR". All Respondents submitting proposals must complete this EDGAR Certification form regarding the Respondent's willingness and ability to comply with certain requirements, which may apply to specific agency c purchases using federal grant funds. z a� J For each of the items below,the Respondent will certify its agreement and ability to comply,where applicable,by having the Respondent's authorized representative check, initial the applicable boxes, and sign the :2 acknowledgment at the end of this form. If a Respondent fails to complete any item of this form, KCDA will consider and may list the response, as the Respondents are unable to comply. A "No" response to any of the 0, items below may influence the ability of a purchasing agency to purchase from the Respondent using federal funds. v L O Violation of Contract1 Conditions V fC Provisions regarding Respondent default are included in KCDA's terms and conditions. Any contract award will be subject to such terms and conditions, as well as any additional terms and conditions in any purchase order, v ancillary agency contract, or construction contract agreed upon by the Respondent and the purchasing agency, Q which must be consistent with and protect the purchasing agency at least to the same extent as KCDA's terms v and conditions. The remedies under the contract are in addition to any other remedies that may be available Y under law or in equity. M 0 Termina v ion for Cause of 1 0 For a participating agency purchase or contract in excess of$10,000 made using federal .funds, you agree that N the following term and condition shall apply: The participating agency may terminate or cancel any purchase order under this contract at any time, with or E without cause, by providing seven (7) business days in advance written notice to the Respondent. If this agreement is terminated in accordance with this paragraph, the participating agency shall only be required to a� pay Respondent for goods and services delivered to the participating agency prior to the termination and not Q L otherwise returned in accordance with the Respondent's return policy. If the participating agency has paid the ; Respondent for goods and services provided as the date of termination, Respondent shall immediately refund such payment(s). Q If an alternate provision for termination of a participating agency's purchase for cause and convenience, Y including how it will be affected and the basis for settlement, is in the participating agency's purchase order, ancillary agreement or construction contract agreed to by the Respondent,the participating agency's provision E shall control. M U r Equal1 Opportunity Q Except as otherwise provided under 41 CFR Part 60,all participating agency purchases or contract that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by King County Directors'Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 379 8.I.b Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." Respondent will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age N Discrimination Act of 1975,as amended (42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of o age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, a Treatment and Rehabilitation Act of 1970 (P.L. 91-616),as amended, relating to nondiscrimination on the basis a, of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.§§290 dd-3 and 290 ee 3),as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of a� the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, J rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which .a application for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination R statute(s)which may apply to the application. r_ 0 c The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. v Respondent agrees that such provision applies to any participating agency purchase or contract that meets the o definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 and Respondent agrees that it shall comply with such provision. r c 0 Davis Bacon Act and Copeland"Anti-Kickback"Act When required by Federal program legislation, Respondent agrees that,for all participating agency contracts for o the construction, alteration, or repair (including painting and decorating) of public buildings or public works,in U Y excess of$2,000, Respondent shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to 0 Contracts Covering Federally Financed and Assisted Construction"), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333) regarding labor 0 standards for federally-assisted construction subagreements. In accordance with the statute, Respondent is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specific in a wage determinate made by the Secretary of Labor. Also,Respondent shall pay wages not less than once a week. c m E Current prevailing wage determinations issued by the Department of Labor are available at httl2s:,llsam.gov/content/wage-determinations. Respondent agrees that, for any purchase to which this requirement applies,the award of the purchase to the Respondent is conditioned upon Respondent's acceptance of wage determination. As this Project is also subject to Washington Prevailing Wage requirements, Respondent and its Subcontractors of all tiers must pay the higher of the two wages (Prevailing and Davis-Bacon) when they are not the same. o U Respondent further agrees that it shall also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as Y supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act E provides that each construction completion, or repair of public work,to give up any part of the compensation to U which he is otherwise entitled under his contract of employment, shall be defined under this titled or a imprisoned not more than five (5)years,or both. Contractd. Where applicable, for all participating agency purchases in excess of$100,000 that involve the employment of mechanics or laborers, Respondent shall comply with Sections 102 and 107 of the Contract Work Hours and King County Directors'Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 380 8.I.b Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1h times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. N L 0 Right1 Inventions Made1 1 or ' ' ram+ If the participating agency's federal award meets the definition of"funding agreement" under 37 CFR 401.2(a) a and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance or experiments,developmental or research work under the "funding agreement," the recipient or sub-recipient must comply with the a� requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business J Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. c 0 Clean Air Act and Pollution Control ' C Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as 0 amended, contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the ,o non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. r 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the o Environmental Protection Agency (EPA). When required, Respondent agrees to comply with all applicable v _ standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control v Act. Y r Debarment and SuspensionM O Debarment and Suspension (Executive Orders 12549 and 12689), a contract award (see 2 CFR 180.222) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM),in 0 accordance with OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Respondent certifies that the E Respondent is not currently listed and further agrees to immediately notify KCDA and all participating agencies 0 with pending purchases or seeking to purchase from the Respondent if Respondent is later listed on the a government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under state statutory or regulatory authority other than Executive Order 12549. Respondent will comply, and shall assist the Client and KCDA in complying,with the provisions of all applicable acts, regulations and assurances;the following provisions of Education Department General Administrative Regulations (EDGAR) o 34 CFR parts 76, 77, 81, 82, 84, 97, 98, and 99; the OMB Guidelines to Agencies on Governmentwide Debarment Y and Suspension (Nonprocurement) in 2 CFR part180,as adopted and amended as regulations of the Department in 2 CFR part 3485; and the Uniform Guidance in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474. z U r Byrd Anti-Lobbying Amend-ment a Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), Respondents that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used — Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 King County Directors'Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 381 8.I.b U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that take place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Procurement of Recovered For participating agency purchases utilizing Federal funds, Respondent agrees to comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. See 2 CFR 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the N highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of o competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that Q maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a� Profit as a SeparateJ For purchases using federal funds in excess of$250,000, a participating agency may be required to negotiate profit as a separate element of the price. See 2 CFR 200.324(b). When required by a participating agency, Respondent agrees to provide information and negotiate with the participating agency regarding profit as a o separate element of the price for a particular purchase. However, Respondent agrees that the total price, including profit, charged by the Respondent to the participating agency shall not exceed the awarded pricing, v including any applicable discount,under the Respondent's contract with KCDA. o Jq E General Compliance with Participating Age cies In addition to the foregoing specific requirements, Respondent agrees, in accepting any purchase order from a o participating agency, it shall make a good faith effort to work with a participating agency to provide such v information and to satisfy requirements as may apply to a particular purchase or purchases including, but not o limited to, applicable record keeping and record retention requirements as noted in the Federal Acquisition Y Regulation,FAR 4.703(a). r M O O v N 7 C N E d d L Q L C� C Q U Y a� E M v r Q King County Directors'Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 382 8.I.b tableBy initialing the 1igning below, 1 1form is true, --. complete 1 accurate and that I am authorized by my business to make this certification1 all consents1 agreements contained Respondent Respondent Certificat1 : Certification: YES,I agree or /i NOT agree N L 1. Violation of Contract Terms and Conditions YES 0 2. Termination for Cause of Convenience Q YES a� c 3. Equal Employment Opportunity YES aM J 4. Davis-Bacon Act YES W aM 5. Contract Work Hours and Safety Standards Act YES c 0 6. Right to Inventions Made Under a Contract or Agreement YES 7. Clean Air Act and Federal Water Pollution Control Act YES o 8. Debarment and Suspension YES U L 9. Byrd Anti-Lobbying Amendment YES Q ° v Q - 10.Procurement of Recovered Materials YES U U `1 11.Profit as a Separate Element of Price YES r M 12.General Compliance with Participating Agencies YES �j 0 Hellas Construction,Inc. m Name of Business E m m L Q L Signature of Auth ize Repre ntative N 0 Reed J.Seaton Printed Name U Y 1/2/2023 Date U r Q King County Directors' Association A School Purchasing Cooperative for Supplies and Equipment Packet Pg. 383 8.I.c MG PURCHASING COOPERATIVE 18639-80TH Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115+Fax 253-395-5402•www.kcde.org February 241h, 2023 Musco Sports Lighting LLC _C� Attn: Amanda M. Hudnut 100 111 Ave.West PO Box 808 Q BOARD OF Oskaloosa, IA 52577 DIRECTORS Email: musco.contracts@musco.com =_ t Division 1 2 TIM The KCDA Board of Directors, at their 2/21/2023 meeting, awarded the following to Musco CLARK Lighting LLC, based upon the response to the KCDA Bid#23-406 Sport Court and Field Lighting � Kent School District 415 W Musco Sports Lighting LLC o Division 2 c STEFANIE KCDA also awards Musco Sports Lighting LLC the installation and services included in this v MCIRviN solicitation. This award does not include catalog discounts perAttachment B. Freight charges Renton School District 403 will be FOB Destination on all deliveries. U L Division 3 Please note the bid submitted by Musco Sports Lighting LLC, the award by the KCDA Board of o VACANT Directors, and the signed award letter,forms a contract based upon the terms and U conditions set forth in KCDA Bid#23-406 Sport Court and Field Lighting. a 0 Division 4 U VACANT Y This contract is in effect starting 3/1/2023 through 2/29/2024 with options to renew for three one-year periods at the mutual discretion of KCDA and Musco Sports Lighting LLC, o Division 5 RAM DUTT VEDi1LLAPALLI Please acknowledge receipt of this contract by signing below and returning to: Snoqualmle Valley r School District 410 Richard Ward J Procurement and Contract Specialist 3 RWARD@ KCDA.org Q 0 U Company Name Signature p U Y Name (printed) am e s M, H aLnsen a� Title Secretary c� Date 2/27/2023 _ Q Phone 800-825-6030 Email Musco.Contracts@rnu5Co.com King County Directors'Association A Public Procurement Agency Packet Pg. 384 8.I.d ircnAPURCHASING COOPERATIVE 18639-80TH Ave S. • P.O.Box 5550• Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.org Date: February 16", 2024 Vendor Name: Musco Sports Lighting, LLC Attn: Tim Butz m Address: PO BOX 808 Oskaloosa, IA 52577 Email: tim.butz musco.coin O BOARD OF Q DIRECTORS C Division i The KCDA Board of Directors, at their February 15`" TIM , 2024 meeting,approved the#I extension CLARK of KCDA contract#23-406, Sport Court and Field Lighting. Terms and conditions will remain Kent School District 415 as originally awarded. a, Pricing in effect at the time of renewal will carry over into the contract extension. This contract extension will begin on March 1",2024 and run through February 28`h, 2025. � Division 2 O STEFANIE MCIRVIN Please acknowledge receipt of this contract extension by signing below and returning to U Renton Thomas Kim at tkim@kcda.org L School District 403 O ca Division 3 L LORI METSCHAN Company Name Musco Sport5fL4&hting, LLC U Enumclaw Q School District 216 p Signature U Division 4 r VACANT Name(printed) James M. Hansen c Division 5 Title Secrets o VACANT .N c - d Date February 16,2024 _ _ w O Phone 641-673-0411 Email musco.contracts@musco.com _ p 4 U Y c d E t v R Q King County Directors' Association A Public Procurement Agency Packet Pg. 385 8.J • KENT W A S M I N G T O N DATE: June 18, 2024 TO: Kent City Council SUBJECT: Accept the 6MG1 Reservoir and Vent Replacement Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the Six Million Gallon One Reservoir Recoating Project as complete and release retainage to Long Painting Company upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project consisted of site preparation, removal of mill scale, reservoir interior and exterior preparation and recoating, welding, platform and catwalk extension, electrical, instrumentation, plumbing, HVAC work for use during tank recoating, providing source of power to perform all the work, controlling noise during construction to specified limits, and other work all in accordance with the contract plans, Kent special provisions, technical specifications, and the WSDOT standard specifications. This project does include an inspection and warranty period that may require additional work over a 2-year period. As a result, the City will file the "final contract voucher certificate" once this period ends. The final contract total paid was $3,452,046.00 which is $26,262.88 over the original contract amount of $3,478,308.88. BUDGET IMPACT: The project was paid for using revenue from the Capital Water Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. 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. Packet Pg. 386 8.K • KENT W A S M I N G T O N DATE: June 18, 2024 TO: Kent City Council SUBJECT: Accept the West Hill Reservoir Project as Complete - Authorize MOTION: I move to authorize the Mayor to accept the West Hill Reservoir Project as complete and release main project retainage to T Bailey, Inc., and authorize the Public Works Director to accept landscaping work as complete at a later date, upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project constructed a new 5.0-million-gallon water reservoir on the West Hill of Kent at an undeveloped City property, located at Military Road and South 248th Street. This water reservoir was needed to address a water storage and fire flow deficiency on the West Hill of the City's water service area. The reservoir will ensure that residents and businesses have adequate water supply during peak demand and provide the necessary fire flow storage for fighting fires. Also included in this project award is upgrades to the existing pump stations and water infrastructure needed to support the new reservoir. These projects are identified as a capital projects in the City's Water System Plan. The majority of retainage can be released at this time, but $4,938.20 must be withheld until the end of the landscaping warranty period. Staff requests that the Public Works Director be authorized to accept this landscaping work as complete at a later date and to release the remaining retainage at that time. The final contract total paid was $8,726,457.48 which is $188,068.11 under the original contract amount of $8,914,525.59. BUDGET IMPACT: The project was paid for using revenue from the Capital Water Fund. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Packet Pg. 387 8.K 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. Packet Pg. 388