HomeMy WebLinkAboutCity Council Meeting - City Council Meeting - 09/17/2024 (3) KENT CITY COUNCIL AGENDA
40!00�9 Tuesday, September 17, 2024
KEN T 7:00 PM
VV A 5 H I N G T O N
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/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
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Proclamation Honoring Jaleen Roberts - 2024 Paralympics Medalist
ii. Proclamation for Constitution Week
iii. Proclamation for National Diaper Need Awareness Week
iv. Proclamation for Week Without Driving
V. Appointment to the Kent Special Events Public Facilities District
Board
vi. Torklift Central's Annual Turkey Challenge
B. Community Events
C. Public Safety Report
S. REPORTS FROM COUNCIL AND STAFF
City Council Meeting City Council Regular Meeting September 17, 2024
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
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.00v 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
CityClerkCDkentwa.aov.
Alternatively, you may email the Mayor and Council at Mayor(@KentWA.gov and
CityCouncilC@KentWA.gov. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Sep 3, 2024 5:15 PM
ii. City Council Meeting - City Council Regular Meeting - Sep 3, 2024 7:00
PM
B. Appointment to the Kent Special Events Public Facilities District Board -
Appoint
C. Resolution Delegating Authority to Designate Costs for Bond
Reimbursement - Adopt
D. Agreement with Siemens for Kent Commons Fire Alarm Replacement -
Authorize
City Council Meeting City Council Regular Meeting September 17, 2024
E. King County Veterans, Seniors, and Human Services Levy for 2024-2026 -
Authorize
F. Consultant Services Agreement with Akana for Construction Management
Services - Authorize
G. Motion in Support of the Establishment of the Kent Valley Air and Space
Manufacturing Roundtable
H. Accept the Morrill Meadows Park Renovation as Complete - Authorize
I. Waller Purchase and Sale Agreement - Approve
9. OTHER BUSINESS
A. Resolution to Support Proposition No. 1, Kent School District 415,
Capital Projects and Technology Levy - Adopt
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. As per RCW 42.30.110(1)(b) - Selection of a Site or Property Acquisition
B. As per RCW 42.30.110(1)(i) - Discuss Anticipated Litigation with Legal
Counsel
12. ADJOURNMENT
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.aov.
NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.2
PROCLAMATION
WHEREAS, September 17, 2024 marks the two hundred thirty eighth
anniversary of the adoption and signing of the Constitution of the 0
United States of America; and
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WHEREAS, The United States Constitution, America's most important
document, stands as a testament to the tenacity of Americans
throughout history to maintain their liberties, freedoms and 3
inalienable rights; and a
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WHEREAS, in 1955, Daughters of the American Revolution petitioned
Congress to set aside September 17-23 annually to be dedicated
for the observance of Constitution Week. The resolution was later
adopted by the U.S. Congress and signed into public law on
August 2, 1956, by President Dwight D. Eisenhower. c
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY c
PROCLAIM SEPTEMBER 17-23, 2024 TO BE
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CONSTITUTION WEEK a.
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In the City of Kent, Washington, and I encourage Kent residents to reaffirm
the ideals of the framers of the Constitution and celebrate the rights and
freedoms that we enjoy as the people of this proud Nation. E
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In witness whereof, I have hereunto set my hand this 17th day of September,
2024.
Mayor Dana Ralph
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4.A.3
PROCLAMATION
WHEREAS, diaper need, the condition of not being able to afford a sufficient supply
of clean diapers to keep babies and toddlers clean, dry and healthy, can
adversely affect the health and well-being of children and their families;
and
WHEREAS, national surveys and research studies report that nearly one in two
families struggles with diaper need, and 48 percent of families delay 0
changing a diaper to extend the available supply; and c
WHEREAS, a daily or weekly supply of diapers is generally an eligibility requirement o
for babies and toddlers to participate in child care programs and quality
early-education programs that enable children to thrive and parents to
work; and
WHEREAS, without enough diapers, babies and toddlers risk infections and health a'
problems that may require medical attention resulting in medical costs, Y
and parents may be prevented from accessing child care needed to go
to work or school, thereby destabilizing the family's economic prospects
and well-being; and N
WHEREAS, the people of Kent recognize that diaper need is a public health issue,
and addressing diaper need can lead to economic opportunity for the
state's families and communities and improved health for children, thus a
ensuring all children and families have access to the basic necessities
required to thrive and reach their full potential; and
WHEREAS, Kent is proud to be home to trusted community-based organizations Z
including KidVantage that recognize the importance of diapers in Q.
ensuring health and providing economic stability for families and thus 2
distribute diapers to families through various channels; and
WHEREAS, through their important work of addressing diaper need, diaper banks c
play a critical role in supporting families, improving infant health and
wellbeing, and advancing our local and state economic growth Z
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM c
THE WEEK OF SEPTEMBER 23 THROUGH SEPTEMBER 29, 2024 TO BE
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NATIONAL DIAPER NEED AWARENESS WEEK
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In Kent Washington and thank the aforementioned diaper banks, their staff, volunteers H
and donors, for their courageous service during the crisis, and encourage the citizens 0
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of Kent to donate generously to diaper banks, diaper drives, and support those
organizations that collect and distribute diapers to families struggling with diaper need,
so that all of Kent children and families can thrive and reach their full potential. E
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In witness whereof, I have hereunto set my hand this 17th day of September, 2024. v
Mayor Dana Ralph
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4.A.4
PROCLAMATION
WHEREAS, the City of Kent is dedicated to fostering a safe, healthy,
sustainable environment, and transportation access for all its
residents; and
WHEREAS, providing mobility options and infrastructure is a key function of
city government; and
WHEREAS, nearly a quarter of the people in our state - people with
disabilities, young people, seniors, and marginalized populations
- must rely on alternative means of transportation like biking, o
walking, and public transit; and =
WHEREAS, over-reliance on driving contributes to increased traffic c
congestion, pollution, and a sedentary lifestyle which can each be
improved by making more non-motorized trips; and
WHEREAS, encouraging alternative transportation options like biking,
walking, and public transit aligns with the City of Kent's a
commitment to environmental sustainability, social equity, and
the health & safety of its residents, and
WHEREAS, a week without driving - wherein the City invites its citizens to 0
contemplate and/or experience the benefits and challenges of
relying on alternative transportation and to experience its 35 0
miles of multi-purpose trails, 17 miles of bike lanes, Sounder
commuter rail, sidewalks and bus routes - would foster a more
transportation literate city
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM 0
SEPTEMBER 23 THROUGH SEPTEMBER 29, 2024 TO BE c
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WEEK WITHOUT DRIVING
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In Kent, and I encourage everyone in our city to participate. a
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In witness whereof, I have hereunto set my hand this 17th day of September, 2024.
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Mayor Dana Ralph
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of department highlights
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the first city in the state to receive the
ADMINISTRATION certification. The City of Kirkland and the =
Administration City of Auburn are also working on their U
• Finance staff is in the midst of preparing the welcoming certification. o
The REDI team has partnered with the U
mayor's proposed budget. The mayor's Department of Commerce, Harvard E
budget message will be delivered during a Business school, and National League of ,°
special meeting on Monday, September 23 Cities to participate in The Opportunity
at 5:00 pm. A Special Council Workshop will Project (TOP). The TOP sprint is looking to a
follow the mayor's budget presentation. create data solutions to community wellness
• As of the writing of this report, the City and obstacles. The REDI team has met with AI V
KSD are on the verge of submitting the Mill o
technologists as part of the process to a
Creek Middle School grant to the identify potential approaches to community-
Environmental Protection Agency. Asa based wellness obstacles. The final tools )
reminder, if awarded, this grant will provide created by the tech teams will be available
funding for a major revitalization of the Mill for Kent staff members to use for their own o
Creek Middle School field and parking programmatic approach to community
areas, as well as other benefits to the engagement.
immediate area. A tremendous thanks goes 2
out to Economic Development Director Bill h
Ellis as well as our Parks and Public Works E
teams, and of course the Kent School a
District as we partnered during an intense Accounting
submittal process. The 2023 Federal Single Audit is in the final
Communications stages and a report should be issued very
• Last month, Mayor Ralph began sending out soon, but no later than the end of
a biweekly video update called One Kent to September.
all City employees in an effort to increase The 2023 Accountability Audit continues for ;
communication and transparency. The the areas of Self Insurance, Cash E
feedback on these regular internal updates Receipting, and Payroll. 0
has been positive and they will continue to Customer Service
go out every other Monday morning. All Account Representative staff have been
Equity scheduled to spend part of a day shadowing
• The REDI team is currently working on a Meter Reader staff. Account
welcoming certification from Welcoming Representatives will be able to see firsthand
America, a national organization working how reads are collected before being loaded
towards the inclusion of immigrants and into our billing system and learn more
refugees. When the City meets the about general meter functions. This
welcoming certification criteria, we could be additional knowledge will be especially
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helpful when they are assisting customers Workday August 2024 Statistics
with questions related to high usage, billing o 8847 - Total number of business
cycles, and suspected leaks. process events initiated during the
Tax & Licensing: selected month.
• The Tax Division sent out delinquent notices o 220 - Total number of business process
for Q2 2024 mid-August, using the City's events that were initiated by a manager
GovDelivery for the first time, which is an during the selected month
upgrade from the prior process of using bcc o 46 - Total number of business processes
emails sent via Outlook. Multimedia completed including new hires,
designed the correspondence, using terminations, and job changes.
existing, approved verbiage. Q3 2024 o 63 - Total number of employee benefits
courtesy reminders were sent using business processes completed in the
GovDelivery in early September. Q3 2024 selected month. This includes a
B&O Tax returns are due by October 31, retirement savings changes, addition of
2024. dependents to an enrollment, new
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• The Tax Division is updating the City's tax enrollments, and changes to eligibility.
returns for Gambling, Admissions and Utility Risk ;
taxes to provide for a consistent Reserve Evaluation and Loss Forecast L)
appearance with the current B&O Tax (Actuarial Report) has been finalized and E
returns and remove outdated information. sent to Finance for review. °
Budget: Benefits
• The Budget Division is very busy finalizing • Working with Alliant on Benefits renewals a
the 2025-26 budget. The Mayor approved for 2025
requests are in the process of being added • Review/testing/implementation of Workday
to the budget. Once those are complete, R2 updates a
the internal allocations will be recalculated • Upcoming DRS Rate Changes effective
and the remainder of the transfers in and 9/20/2024 )
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out will be added. The Budget group will • Gathering information for FY23
then have about a week to put all the Accountability Audit o
information into a readable format. The • Laserfiche discovery and planning phase >
Mayor will present her budget to Council on • Working with Employees and Managers on
Monday, September 23rd at a Special Protected Leave cases and ADA N
Council Meeting at 5pm, which will be Accommodations
followed by a budget workshop at 5:30pm. Process Improvement E
• Providing ELT support for new building. w
HUMAN RESOURCES
Providing summary of Emp & Mgr feedback 2
to CAO & Mayor.
• Supporting ECD current planning team with c
Interviews strengths finder & employee development
o Facilities Supervisor work.
o Administrative Assistant 2 • Ongoing support of new building
o Combination Building Inspector conversations, internal communications. E
Workday Government Performance Consortium U
• Final review of 2024 - 2027 CVS contract planning for remainder of 2024 and Q1
renewal. 2025.
• Negotiating contract with Workday Learning Department Updates
content providers and preparing for Working through Kentsgiving Campaign
implementation stages. planning—pursuing donations, planning a
• Continue reviewing Workday Major Release special event to celebrate the charity Akin,
2024R2 - Go live 9/23/2024. and all of you! Communication went out
• Continue setup of Hive to track Workday with instructions on the Department
requests/projects.
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Games—let us know who will make up your delayed response times and extended
team by 9/6! downtimes in the case of an outage.
• Coordinate with ValleyCom network
engineer & complete migration of
ValleyCom VPN endpoint from internal
network to DMZ. Result of change provides
Administration increased security by restricting access to
• Ongoing coordination of IT's required resources only, while allowing for
contract/procurement/accounting process. future JMS / RMS changes as per project
Application Development plan spearheaded by Drew Waggoner.
• Sprint 2 of 3 is still underway for Business Project Management Office
License System (Admin/Back Office module) Replacing the Police Department's end of
Enhancements. Release to Production life criminal record management system, a
expected at the end of Q3 for internal use. Tiburon, with a scalable solution that will co
• Sprint 3 of 4 still underway on IT Timesheet integrate with other department systems
Application for Project Management Office for centralized management and
(PMO) and Applications Development secure/encrypted data share. The solution ;
divisions to use in capturing time allocated will streamline the current PD system L)
to either Projects or Ops, but with a focus landscape resulting in more efficient, E
on whether the task is capitalizable or accurate tracking of records and °
not. Release to Production expected at the maintenance contract savings in addition to
end of Q3 for internal use. aligning with citywide initiatives. a
• Ongoing Technical Leadership support for • Connecting all the workspaces within each W
Axon RMS and Black Creek JMS projects of the City of Kent's Municipal courtrooms V_
alongside Police, Corrections, and the IT using purpose-built audio visual (A/V) a
Project Management Office (PMO). technology to enhance communication,
• Ongoing operational support for GIS collaboration and digital information sharing L
system/servers, GoAnywhere integration capabilities. The technology enhancements
jobs/servers, DevOps and Data will fully integrate with a parallel project to
Warehousing. significantly modernize the accessibility and
Business Systems ergonomics of each courtroom sponsored by
• Amanda: Implemented several the Parks-Facilities department. N
enhancements and bug fixes, validated 3
work types in the Data Migration
environment for promotion, and worked w
with vendors to troubleshoot issues in Dev Received a total of 243 cases from the
Portal upgrade. U
•
Security: Patched and rebooted servers and Police Department to review and assess for c
workstations to secure systems. the filing of criminal charges during the W
Systems: Upgraded LawBase to latest month of August. Of those cases, 86 were .2
• for in-custody defendants which
version to add functionality and maintain necessitated rush filing the next business E
security. E
Infrastructure and Security Operations Center day after arrest. U
Reached agreement with AlertMedia to Covered 75 court calendars in August,
• which included 1,914 cases scheduled for
provide solution for texting services for
n hearing, spread across 1,306 defendants.
network and system alerts. With Verizon
Of those, 510 cases were for 290
deprecating "@Vtext.com" text
defendants who were held in-custody. Of
functionality, alerts are currently being
the remaining 1,016 defendants who were
significantly delayed or not received at
required to appear in court on an out-of-
all. This has a significant impact on custody basis, 189 of them failed to appear
response times for on-call personnel using
city issued phones with Verizon, resulting in (a 19 /o FTA rate).
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• Reviewed records and responded to several Kherson Park on Friday, September 6.
subpoenas duces tecum issued to the Police Approximately 60 people enjoyed the
Department. movie, as well as free ice cream treats and
• Prepared and issued a notice of chronic Kent Parks swag.
criminal nuisance to the property owner of a The 2024-2025 Spotlight Series is set to
home in the Scenic Hill neighborhood kick off on Friday, September 20 with Ann
advising that the property requires Hampton Callaway's Sings The '70s. The
immediate corrective action. Tony nominated Broadway star and
• Reviewed and advised the Police platinum selling singer/songwriter covers
Department on several contracts and grant hits from the great songwriters of the time,
agreements. including Carole King, James Taylor, Joni
• Prepared and executed an agreement with Mitchell, Billy Joel, John Lennon and more.
the owner of a nuisance property, which • New Traffic Signal Control Box Art Wraps a
allows the City to enter the property, are currently being installed in nine
demolish the remaining structure, remove locations throughout Kent. Look for the =
the debris, and recover the City's costs for new artworks at 4th Ave. and Gowe St., SR
the associated work. 167 Northbound and SR 516 (Willis), 104th ;
• Continued to review and produce records in Ave. SE and SE 256th St., 102nd Ave. SE L)
response to discovery demands in the and SE 240th St., 111th Ave. SE and Kent- E
ongoing Phoenix Court litigation. Kangley Rd., 108th Ave. SE and SE 208th ,°
• Reviewed and advised staff on the issuance St., 108th Ave. SE and SE 217th St.,
of several business license enforcement Pacific Hwy. S. (SR99) and 260th St., and a
notices. Kherson Park and 2nd Ave.
• Advised the HR Department on the Artwork by Rene Dickey and Johanna V_
negotiation of an agreement renewal with Porter is on display in the Centennial a
Collaborative Solutions for Workday support Center Gallery through October 24.
services. )
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• Assisted the Clerk's Office with processing . •
and responding to large public records o
requests. Events and awards received
• Assisted the HR Department with a number Awards:
of sensitive employment and labor-related o Clark, Casey, Chief's Award for N
matters. Exceptional Duty, 8/27/24
• Advised City departments on several o Lai, Erin, Chief's Award for Professional
procurement and contract matters related Excellence, 9/4/24 w
to various ongoing projects. o Yagi, Daniel, Chief's Award for
• Assisted outside counsel on a number of Professional Excellence, 9/4/24 U
cases currently in litigation. o Hans, Isher, Letter of Commendation, c
• Worked with staff to acquire the property September 3, 2024 M
rights necessary to complete various o Bacani, Jerome, Letter of Commendation, c
projects throughout the City. September 3, 2024 E
• Assisted the Neighborhood Response Team o Rankin, Aaron, Letter of Commendation, c
and code enforcement staff to address a September 3, 2024 U
number of code enforcement issues o Peterson, Karl, Letter of Commendation,
throughout the City. September 3, 2024
• Staff Changes/Off-Boarding/On-
Boarding/Div Change/Promotions:
COMMUNITYo Bigler, Christopher, 8/31/24, Resignation
o Pursley, Jake, 9/2/24, Resignation
Recreation and Cultural Services o Thompson, Conner, 9/3/24, New Hire
• A showing of family film, IF, wrapped up Records
our series of three outdoor movies at o Snell, Collin, 9/3/24, New Hire Records
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5.B
o Wiley, Micaela, 9/9/24, Resignation the circumstances suggest the incident may
o Stevenson, Kyle, 9/15/24, Resignation be more complex than initially reported.
Significant crime On August 28, 2024, officers responded to a
activities/arrests/investigations suspect shooting at 100 Madison Ave N. As
• Street Racer Emphasis, Sept 9/7-9/8 officers arrived, the suspect shot at the
• On August 26, 2024, around 8:50 am, officers, who responded by firing back.
patrol responded to Daily Dose Coffee, Eventually, the suspect was located inside
20900 108th Ave SE, regarding an armed the building and was deceased.
robbery of the espresso stand. Patrol • On August 28, 2024, around 11:41 a.m.,
arrived and interviewed the victim, who patrol responded to Neely O'Brien
described the suspect who had brandished a Elementary regarding the overnight
handgun after coming up to the backdoor of vandalism. Patrol obtained video of the
the stand. The victim surrendered the cash suspect walking up to the school and using a
in the till, and the suspect left. While a Sharpie to write several phrases on the co
interviewing the victim, the suspect was front of the school.
located by officers nearby and arrested. On August 29, 2024, around 10:39 pm,
• On August 26, 2024, around 7:26 pm, patrol responded regarding an attempted ;
patrol responded to the Red Lion, 25100 robbery at the In-Between Pub, 25400 0
74th Ave S, regarding an armed robbery. 104th Ave SE. The victim was sitting in her E
After winning $25,000 from a lottery ticket, car when the suspect opened her car door, ,°
the victim rented a room at the hotel. At brandishing a firearm and demanding the
the hotel, the victim bumped into an vehicle. The victim initially refused, so the a
acquaintance and spoke for a while before suspect fired several rounds into the air,
both exited the hotel. The victim went to drawing a crowd. The suspect fled on foot
their car and was surprised by two people, and was found by patrol nearby and a
one being the person he had just spoken arrested.
with, who were armed and told him to open On August 29, 2024, the suspect entered a )
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his trunk. They proceeded to take the business (207/108) requesting her brother.
victim's items and cash. Police swarmed the Employees did not know the suspect or the o
area and were able to locate and arrest one suspect's brother. The suspect then >
of the suspects. grabbed a fire extinguisher and tried
• On August 26, 2024, around 11:35 pm, assaulting two employees. An officer arrived N
patrol responded to a carjacking at 10400 as the suspect was attempting to flee. The c
block of SE 224th St. The victim had met suspect resisted and was taken to the
with the suspects to buy an electric scooter. ground, where she continued resisting. The w
During that time, the two suspects business owner assisted the officer by
brandished firearms and took the victim's grabbing one of the suspect's arms. She U
SUV. was then handcuffed. The suspect was c
• On August 26, 2024, a male individual booked on multiple counts. W
called to report that he had shot himself in On August 31, 2024, around 9:33 pm,
the legs. Upon arrival, officers discovered patrol responded to the 26000 block of
he had sustained multiple gunshot wounds 121st Ave SE, referencing a stabbing. E
to his legs. The man's wife appeared Details surrounding what happened are U
unusually calm and told officers she had unclear. The victim's wife was asleep
heard nothing. However, she later stated upstairs when she awoke to yelling
that she heard three gunshots and downstairs. She came down to find her
explained that she had just returned from a husband stabbed multiple times. When she
10-month deployment in Iraq, arriving had gone to bed around 40 minutes earlier,
home to find another woman in bed with he had been in the living room with a group
her husband. Officers completed an of friends.
informational report and forwarded the case On September 1, 2024, around 1:16 am,
to detectives for further investigation, as patrol responded to the 13100 block of
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219th PI regarding a robbery. The victims unresponsive and unable to speak. No
advised they had awoken to their dog witnesses were present at the scene, and
barking. Assuming the dog needed out, surveillance cameras were inaccessible.
they opened the door, allowing the suspect Medics determined the individual's condition
to enter. The suspect, armed with a was deteriorating, prompting immediate
handgun, demanded cash from the victims. transport to Harborview Medical Center.
They provided their wallets, and the suspect Upon arrival, the medical team stabilized
fled after saying he was at the wrong him, though further tests are ongoing.
house. On September 5, 2024, officers responded
• On September 2, 2024, around 3:47 p.m., to a reported carjacking that had occurred
officers were dispatched to a panic alarm earlier. While investigating the incident, an
from a Door Dash driver at 28118 121st PI officer spotted the stolen vehicle as it
SE. Contact was made with the entered the parking lot of Kentridge High a
victim/driver, who stated he was robbed by School. The suspect exited the vehicle and
three suspects with a gun who had stolen a attempted to flee before the officer could
pizza. A K9 track and multiple surveillance approach. However, the school's
cameras led officers to a residence in the surveillance system successfully tracked the ;
28100 block of 122 PI. SE. Officers arrested suspect into a room inside the building. The L)
2 subjects from the house and identified the suspect, identified as a student at E
third male. Kentridge, was taken into custody without ,°
• On September 2, 2024, units were incident.
dispatched to the 26600 block of 134th Ave On September 6, 2024, at approximately a
SE for an ongoing residential burglary. The 02:49 a.m., patrol units were flagged
parents woke to a suspect inside the house. regarding a disturbance in the vicinity of
The suspect fled on foot after being shot 2nd Avenue and Meeker Street. The a
multiple times by the homeowner. A K9 reporting individual indicated that a large
track for the suspect was negative. Around group of juveniles was confronting )
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3:50 am, units were dispatched to the passersby and attempting to instigate
14900 block of SE 272nd St for a shooting altercations. Upon patrol's arrival, it was o
victim. The male had been shot once in the determined that an individual had sustained d
stomach. The male's mother stated she severe injuries and was rendered
picked up the male about an hour prior. The unconscious. Eight juveniles were N
male came inside, showered, and changed subsequently apprehended and charged c
his clothes. The clothing description of the with Assault in the Second Degree. E
male suspect at the original burglary On September 6, 2024, police responded to w
matched the clothing found inside the a reported robbery involving a firearm at a °'
apartment. smoke shop near the Kangley Y. Witnesses U
• On September 4, 2024, around 3:03 p.m., followed the suspect on foot and directed c
patrol responded to an armed robbery at 7- arriving officers to his location. Following a m
11, 24000 104' Ave SE. Two victims had brief foot pursuit, the suspect was
been walking to 7-11 when two suspects apprehended. After interviewing the
approached them. One suspect brandished employee, it was determined that the E
a firearm and demanded the victim's items; incident involved a simple theft of cash U
only one victim had anything, and the two from the register. However, the suspect
suspects fled with a cell phone and $20. was found to have an extraditable warrant
• On September 5, 2024, officers were out of Texas, resulting in an additional
dispatched to a vehicle versus pedestrian Fugitive from Justice charge.
collision in the parking lot of the Red Lion On September 6, 2024, at approximately
Inn & Suites at 25100 74th Ave S. Medics 9:09 p.m., Kent Police officers were
and officers arrived simultaneously and dispatched to the Riverwood Apartments,
discovered a male lying in the middle of the located at 24620 Russell Road S in response
parking lot with head trauma. The male was to a reported weapon threat. The
Page 6 of 12
Packet Pg. 12
5.B
investigation revealed that the suspect, who uncooperative and attempted to leave the
had been attending a large family scene, during which an officer's foot was
gathering, became highly intoxicated. When struck by the suspect's vehicle. The officer
family members requested that the suspect pursued the suspect, but the pursuit was
leave due to her level of intoxication, she later discontinued. The investigation is
responded by assaulting multiple continuing to identify and arrest the
individuals. The suspect then retrieved a suspect.
firearm from her backpack, proceeded to On September 8, 2024, Police investigated
point it at family members, and made a commercial burglary at 335 Washington
verbal threats. An independent witness Avenue South. A suspect vehicle was
observed the suspect armed with the gun located and stopped, and a male suspect
as she exited the apartment. The suspect was detained for Driving While License
fled the scene but was later located at her Suspended in the Second Degree (DWLS- a
residence at The Boulevard Apartments and 2). After reviewing video footage and co
was taken into custody without incident. A contacting the victim, probable cause was
c
search warrant was obtained for the established for burglary. The suspect was
suspect's apartment, where the firearm was booked and the vehicle was impounded ;
found concealed in a closet. pending a search warrant. L)
• On September 7, 2024, at approximately On September 9, 2024, at approximately E
04:02 a.m., patrol officers responded to a 4:40 a.m., Kent Police officers were ,°
reported carjacking at a convenience store dispatched to 12104 SE 223rd Avenue in
located at 500 Central Avenue South. Upon response to a CPR in progress involving a 1- a
arrival, officers contacted the victims, who year-old female who was reported to be
explained they had been approached by unconscious and not breathing. Upon V_
several individuals, one of whom was arrival, officers found the child awake and a
armed, demanding their vehicle. crying. The child's mother informed officers
• On September 7, 2024, police observed that she had found the child unresponsive )
L
suspicious activity near Phoenix Court when and administered Narcan, which °;
a male suspect was seen driving a golf cart successfully revived her. The mother o
from the property. Upon noticing police, the admitted to being a frequent Fentanyl user >
suspect fled, and officers observed a nearby but believed the substance was securely
truck and trailer appearing ready to receive stored. While providing aid, officers N
the stolen cart. Leveraging local knowledge discovered a "ghost" firearm near the couch 'c
of the area, officers identified the suspect in proximity to drug paraphernalia. The E
as a known individual involved in burglaries firearm belonged to the mother's boyfriend, w
and thefts. The truck was impounded, and a who is a convicted felon. The boyfriend was 2
search revealed stolen goods and a firearm. arrested, and the child was transported to U
• On September 7, 2024, at approximately Seattle Children's Hospital for further c
3:33 p.m., officers were dispatched to a medical evaluation. Detectives were called
robbery near 240th Street and 112th to the scene and took over the
Avenue. The victim, operating a small investigation.
stand, reported that two individuals c
approached, inquiring about personal PUBLIC WORKS U
belongings before taking money from the
victim. Officers later identified a potential Survey
vehicle linked to the suspects and initiated a Survey Field staff are staking construction
traffic stop, which the vehicle failed to improvements on the Reith Road, 218'
comply with and fled the scene. Ave., 132"d Ave Overlays and the boundary
• On September 7, 2024, at approximately for McSorley wetlands. Staff are also
5:25 p.m., officers responded to a traffic mapping the water transmission main
collision near the 26000 block of Pacific locates on West Hill and specified areas for
Highway. Upon arrival, the suspect was the Pacific Highway Beacons. Survey Office
Page 7 of 12
Packet Pg. 13
5.6
staff are preparing CIP project boundary • Solid Waste Grants: Ecology's Ramp Grant:
records and adjustments as well as Another cleanup done on Monday,
providing professional reviews on private September 9. Hazardous Waste
and CIP projects. Management Program (HWMP): Scope of
• GIS staff continue with entering utility As- Work due late September or early October.
built data into the GIS, fulfilling public • Lower Russell Habitat Area A: Grant
records requests, and continuing analysis of acceptance is scheduled for COW
impervious surfaces within the city captured presentation on Sept 17.
in the 2023 Aerial Imagery. Initial analysis • Boeing Rock Recreation/Habitat
reporting for Areas 1-4 are complete and Enhancement: Grant acceptance is
tracking on Area 6 continues. Support for scheduled for COW presentation on Sept
the data automation for the Radio-read 17.
water meter tracking continues. • Green River Natural Resources Area a
Environmental (GRNRA): Coordinating with PW Operations co
• Republic Services Solid Waste Management (Wetlands group) on purple loosestrife
Contract: Staff reviewing the Fixed Annual control. Contractor's work to start on Sept
Charge (FAC) information received from 16. ;
King County and calculating the appropriate • Vegetation Monitoring: Ten sites (72nd Ave, 0
rate. Republic rate calculations to be Downey Phase 5, Dvorak Barn, Frager & E
received by the end of September. 216t", HCM 3, HCM 5, KOA, 228t", Hytek N, ,°
• Site Clean-up (Mayor's Homeless Task Hytek S) are being covered this summer for
force/On-Call Garbage Contract/State Ramp mitigation site performance/vegetation a
Litter Clean-Up): Staff continue working monitoring. All monitoring activities to be
with the contracted vendor to cleanup completed by Sept 11.
multiple city-owned properties/ROWs and • King County Flood Control District: a
state-owned ramps. Locations and priority o The Flood Control District Board of
areas have been identified and updated Supervisors is hearing revenue )
L
regularly. Last Task Force meeting was on projections at its meeting on September
Aug 28. Another round of McSorley clean-up 10. o
completed — over 26,000 lbs of litter o McCoy Levee repair (downstream end of >
collected with 3,760 Ibs recycled. Clean-up the Horseshoe Bend) is scheduled to
of an area at the Horseshoe Bend levee begin construction by the Corps of N
project site and Riverview Park south end Engineers on the week of September 9, c
completed on Sept 5—about 480 Ibs of litter 2024. Construction will go for about six E
removed from both sites combined. weeks. The preconstruction meeting was w
• Recycling Events: held on Thursday, September 5.
o The final mini event will be on September • Cross Connection Control: Working with
20t" at Hogan Park and will run from 9 other groups and departments about c
am - noon. revisions to the Kent Design and W
o A new RFP is being prepared and will be Construction Standards. Final meeting
advertised soon to select a consultant for scheduled on Sept 24.
2025. Due date for proposals would be Underground Storage Tank (UST) Removal c
Friday, October 18t" with advertised at the 3.5 Million Gallon Tank Site: U
posting of the RFP on October 4 and Following the removal of the residential UST
October 11. and contaminated soils at the 3.5 million
• TeamUp2CleanUp: The fall event is gallon tank site, the site was approved for
happening on Sept 28. Registration is open backfilling. The backfill process was
and volunteers can sign up at completed by Water staff using
www.kentwa.gov/talkingtrash. Website is approximately 30 yards of material recently
updated. Posters are printed. Will work with excavated from the seismic valve
Ben for distributing around town, partners, installation at the Meeker Street Bridge.
and schools.
Page 8 of 12
Packet Pg. 14
5.B
Utilizing this material provided cost savings
for the City.
• Source Control and O&M Inspection
Program: Staff continues working with Blot
business owners and property managers to
correct violations that pertain to illicit L
discharges, damaged side sewers, and w _
neglected ponds and other stormwater ,
facilities. Staff will conduct 8 Source
Control/stormwater system inspections, Reith Road Roundabouts: Construction
provide technical guidance, and research of detour is ongoing. Reith Road is closed from
several commercial and industrial properties 253rd to Lake Fenwick Rd. Fill of SE corner
including reinspections and also a
of Reith Rd and Lk Fenwick completed.
correspondence with contractors, property Contractor paving temp road back to open
managers and business owners. Staff will access for construction of center island. v
also continue to monitor inspection status Curb and gutter prep and placement next U
to ensure compliance with permit on schedule. Electrical subcontractor
requirements. continues with underground work, setting ci
• Illicit Discharge/Spill Response: Staff light pole base rebar cages. Concrete pours c
continues to steadily respond to and resolve scheduled this week.
reports of illicit discharge and/or spills at
commercial, industrial, single family, and a
multifamily properties. E
Design
• Sanitary Sewer Comp Plan: Met with '� 0
Pff
financial consultant on 9 4 to share ' yes` " ' _ ''.?
information necessary for financial analysis,` . f�.• _
relooking at scope of work to confirm if
other work is desired/necessary. o
• 74th and Willis Intersection Improvements:
Working to finalize the design,
specifications, and cost estimate for the , +4. 7�
- �'4 7C'e`
project with plans to advertise on r E
September 26, 2024. ; 'F �' < ,;�^�� `` �
• KEHOC DesignSupport Su Fiber and PSE '""
PP (
w
Electric): Met with Facilities and IT to try
and finalize conduit pathways inside Fire
Station 74 to conduit installation from o
roadway.
• Linda Heights Sewer Pump Station: -
Planning to advertise the project Oct. 8th,
provided the 74t" and Willis St (Naden) 4 c
project is advertised. U
Construction ' f
• Mill Creek / 76t" Avenue S Culvert
Improvements: Walls 7 and 8 have been
completed. Stream channel excavation and ��►
habitat log placement is complete. Voided "
slab girders were installed 9/11 & 9/12. . 2024 Pavement Preservation: 132nd Ave SE
- Asphalt milling completed last week.
Installed conduit crossings. Paving dates
being confirmed, scheduled to begin this
Page 9 of 12
Packet Pg. 15
5.6
week. 801" Ave SE - Milling and paving performed a hot patch overlay at Hilltop
completed. Loop and conduit installation is Ave and E James St, relocated the plows
ongoing. Scheduled to sawcut downtown and sanders at the Kent East Hill Operations
site removal limits this week. Center (KEHOC), removed and replaced a
sidewalk at 311 4t" Ave N. ground trip
hazards on 40t" Ave S and for service
Q requests at various locations citywide and
f' sealed 2024 asphalt patches at various
locations Citywide.
Signs and Markings crews installed bases
and replaced signs for the retro-reflectivity
=- program at 113t" Ave SE and SE 228t" PI
and at 112t" Ave SE and SE 227t" PI,
installed bases for WO #23-029 at S 222na co
St and 93rd Ave S, installed bases and signs a
for WO #23-024 at SE 224t" St and 133rd _
Ave SE, set out traffic control for the Parks
• Green River Bridge Repainting and Deck o
Repair: Closure of Meeker St implemented Department and performed sign L)maintenance at various locations citywide. E
on Monday, August 5 and will be in place Solid Waste staff cleaned up debris along S ,°
until September 29. Scaffolding installation 207t" Ct from 80t" Ave S to the dead end,
on the bridge and under the bridge is Reiten Rd from Jason Ave and east going up a
complete. Containment installation is the hill and along 1st Ave S from W Willis St
complete and sealed. Blasting to S 259t" St, removed graffiti at the off/on
approximately 90% complete on topside, ramps at Riverview Blvd S and for SR a
hopefully complete this week. Scheduled to #47331 at the 196t" St overpass, pressure
start below bridge next week. Painting washed and weeded to prepare for the )
prime coat has begun. painting at the Joe Jackson Bridge and
�. performed hot spot inspections, graffiti o
removal and responded to service requests
at various locations citywide.
' Water Vegetation crews line trimmed and .
Mh
mowed at the East Hill Well, Kent Springs c
Lower and Infiltration Gallery, Summit E
Reservoir, Webster Park, the 640 Zone w
Tank, the Elk Run Water easement and
along the back fence line and inside fence U
• S 218t" Street/98t" Avenue S from 94tn line at Clark Springs. c
Place S to S 216t" Street: The contractor is • Street Vegetation staff mowed along S 208t"
mobilizing and continuing clearing St, pulled weeds, line trimmed, mowed, and •2
picked up litter from the planted islands on '
operations this week. Wells E
decommissioned 9/9 and potholing of Veterans Dr, Meeker St and at the PSE c
utilities has begun. Contractor working on planted islands, pulled weeds, pruned and U
pricing RFP on PSE material supply. Material raked the beds at the planted islands on S
submittals are being delivered and under 256t" St and operated the spray truck at
review. Notice of full road closure given, various locations Citywide.
Tuesday, September 17t". Notifying school • The Sidearm mower crews mowed along SE
district and project neighbors. Kent Kangley Rd from 116t" Ave SE to 160t"
Streets Ave SE, 77t" Ave S from S 2121" St to S
• Street Maintenance crews repaired a broken 196t" St, 100t" Ave SE from 98t" Ave SE to
handrail at E Willis St and Central Ave S, 108t" Ave SE, S 208t" St from 96t" Ave SE
to 108t" Ave SE, 116t" Ave SE from S 240t"
Page 10 of 12
Packet Pg. 16
5.6
St to SE Kent Kangley Rd, 132nd Ave SE SCADA staff have replaced the
from SE Kent Kangley Rd to S 287t" St, S Uninterruptible Power Supply (UPS) and
223rd St from 116t" Ave SE to SE 223rd Dr installed a Verkada security camera at the
and along 124t" Ave SE from SE Kent Upper Mill Creek Dam, worked on
Kangley Rd to 132nd Ave SE. troubleshooting errors with the Intouch
• Wetland Mitigation crews line trimmed at logon and Win-911 and ran the generator
the Swan Court site, line trimmed, alarms, decommissioned the old SCADA
replanted, ran the irrigation system and servers and tested the 74 PLC switchover
planted wetland emergent plants at the and installed a new Automatic Transfer
Hytek site and lined trimmed, removed Switch (ATS) and worked on the generator
weeds and ran the irrigation system at the wiring at the Victoria Ridge Sewer Lift
Downey site. Station.
Water/Sewer • Pumpstation crews continued the wiring a
• Distribution crews have been working hard work at Victoria Ridge, worked with CO
to finish up with the Meeker Street seismic Bainbridge Electric to replace the Murphey
valve installation job. Everything is looking controllers at Horseshoe Ridge, performed
good and on schedule. Crews have installed sewer wet well cleaning, attended a power ;
a large vault and all the piping, including and telemetry meeting for GRNRA, and L)
lots of components to complete this project. performed Sewer and Storm pumpstation E
Concrete is scheduled to be poured and checks at various locations citywide. °
finished and should be completed by the Storm Drainage/Vegetation:
end of this week. Hydrant crews have cut Storm crews performed pond repairs at a
in a 12" tee on the West side of the bridge 11202 SE 225t" St, 13227 SE 236t" PI,
and installed a new hydrant and have also 12807 SE 232nd PI and at SE 248t" St and
been keeping up with maintenance and 1215t PI SE, cleaned lines for an overlay at a
hydrant operations throughout the water 103rd PI SE and SE 2131" PI, performed a W
system. manhole and catch basin changeout at E )
L
• Sewer staff have been working on Willis St and Central Ave S, removed 4)
performing the 2025 overlay TV inspections material at the Johnson Creek Beaver Dam, o
for the Storm division at SE 213t" PI and and cleaned the shoulder area at Clark a)
104t" PI SE. Crews have also been Springs. Crews also performed National
completing their weekly checks and sewer Pollutant Discharge Elimination System N
line cleaning to help maintain future issues. (NPDES) inspections at 98t" PI S and S 208t" c
Source, Supply and Pumpstations St, 1015t Ave SE and SE 208t" St, SE 216t" E
• Source and Supply staff replaced exhaust St and 112t" Ave SE and at SE 224t" St and w
fan belts and removed a fan for the Benson Rd SE and NPDES pumping and °'
generator room at Pumpstation #5, repairs at various locations Citywide.
removed the hoist at Kent Springs, replaced Wetland Maintenance crews mowed and line c
the heater in the control room at the East trimmed at Ramada Inn at 22318 84t" Ave
Hill well, ran the offline well, assisted with S, the GRNRA at 22306 Russell Rd, Pacific •2
the generator wiring at the Victoria Ridge Northwest Equipment at 7820 S 200t" St,
Sewer Lift Station, performed shoulder and Birdsong Meadows at 11623 SE 2315t PI, c
fence work with the Storm section at Clark Linda Crest A at 12704 SE 202nd PI, Linda U
Springs and inspected Pressure Reducing Crest B at 12524 SE 2015t PI, Signal Electric
Valves (PRV) at various locations citywide. at 3rd Ave S and S 259t" St, Redondo at
• Water Quality staff have operated, 23020 251" Ave S, the 64t" Ave P2 Channels
shutdown and prepared for a filter #2 at 22615 641" Ave S and at the 72nd
media and valve actuator replacement at Diversion Channel at 21807 68t" Ave S.
the 212t" Treatment Plant, worked on Holding Pond crews mowed and line
September work orders and performed T- trimmed at the Ramada Inn (pond) at
run, disinfection byproducts and wellhead 22318 84t" Ave S, Top of the Hill at 24319
sampling at various locations citywide. 102nd Ave SE, Misty Meadows at 13003 SE
Page 11 of 12
Packet Pg. 17
5.B
232nd PI, 2771h Corridor #3 at 27412 Green
River Rd S, Bolger Rd at 23076 Bolger Rd,
Muth at 4611 S 215th St, LID 336 at 8400 S
192nd St, Cambridge SP at 27023
Cambridge PI, Riverview at 4441 S 216th St
and at Kentwood Glen 3 at 4425 S 257th St
and line trimmed and cleaned up the
frontage areas along Taylor's Glen at 15117
SE 276th PI, Nancy's Grove Division 1 at
14871 SE 279th PI and along Tahoma Vista
at 25231 133rd PI SE.
Fleet/Warehouse
• The Warehouse crews have continued with
staff training on Cityworks, warehouse
purchase orders and other various
warehouse processes, worked on forklift
certification and recertification classes, ;
continued to assist with CDL training, L)
maintained the shops yard, keeping it clean E
and free of litter and debris, cleaned and ,°
maintained the wash rack, washed and
vacuumed motor pool vehicles, issued a
Personal Protection Equipment (PPE) and
motor pool vehicles to staff and hydrant
meters and public notice boards to 0
contractors, repaired small equipment as
needed, received parts and inventory JA
L
orders, picked up and delivered the inner- °;
office mail, and hauled spoils as time and o
equipment were available. >
• Fleet staff set up and delivered two new
trucks for Parks, received new vehicle N
builds, ordered parts for up-and-coming •c
builds, received new truck from upfitter for E
Police Department, sent vehicles to the w
dealer for recall work and other repairs, °'
removed vehicles from service and
prepared for auction, sent multiple PD c
vehicles to different body shops, worked on W
mower repairs, and worked on scheduled
and non-scheduled maintenance repairs.
E
0
U
Page 12 of 12
Packet Pg. 18
8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS HiNaTor+ September 3, 2024
Date: September 3, 2024
Time: 5:18 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Kaur called the meeting to order.
Attendee Name _ Title Status Arrived
Satwinder Kaur Council President Present c
Bill Boyce Councilmember Present
John Boyd Councilmember Present G
L
Brenda Fincher Councilmember Present a
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Excused a
Toni Troutner Councilmember Present
II. PRESENTATIONS c
1 Parks Geographic Information Systems Cassidy Sawyer 30 MIN. N
M
as
Parks Director, Julie Parascondola introduced Cassidy Sawyer, GIS Analyst in c
the Parks Department.
a�
Sawyer presented the Council with the Geographic Information Systems in
the Parks Department.
as
c
Sawyer advised the City's Public Works Department manages the GIS portal a
for entire City and also provides support for the entire system.
Q
Sawyer advised the goals from the City's Parks & Open Space Plan for 2022
include:
c
Data driven decisions.
Had to build data:
o What property do we own?
o What assets at which locations
Where to invest?
Sawyer starting in 2020 and began working on the property layer and asset
inventory. Next, the Recreational Value was added in addition to heat
mapping. The Park and Open Space Plan will be updated 2028 - Staff will
start working on the updates in 2026.
Packet Pg. 19
8.A.1
City Council Workshop Workshop Regular September 3, 2024
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
Sawyer advised Asset Management is a systematic approach to the
governance and realization of all value for which a group or entity is
responsive. Staff is inventorying all inground assets the City maintains and
lifecycle of assets. This is a planning tool for maintenance, repair, and
replacement of assets. Sawyer provided examples of Asset Attributes.
Sawyer talked about the Computerized Maintenance Management System
and subsequent implementation. The new NPDES permit requirements has
led Parks taking over stormwater inspection and maintenance of city
stormwater systems in parks and facilities.
c
Sawyer provided an update on the status of the print and digital mapping in
4-
addition to the changes to the Parks and Facilities Guide, website and °
wayfinding maps. c
0
a
Sawyer introduced details on Placer.ai that provides visitation analytics from a
data received from mobile applications.
LO
Sawyer extended an invitation for City staff to participate in GIS Day on r
November 20t" "'
N
2 East Hill North Community Park Brian Levenhagen 45 MIN. N
Kelly Petersen M
a
0
U)
Deputy Parks Director, Brian Levenhagen presented the Council with an o
overview of the East Hill North Community Park Status Update. a
c
• Master Plan determined an initial phasing plan for the park based on public
feedback
• Design of the park is currently about 50% complete
• A funding gap exists to complete the 132nd Ave improvements that would need
to happen in conjunction with construction of current park phasing plan
Q
Levenhagen reviewed guiding principles developed out of outreach phase. 2
• Preserve, protect and enhance the natural character
• Expand trail access to provide immersive ecological
• experiences and moments of connection
• Understand and maintain connection to the varied and historic uses of the land
• Leverage the unique ecology of the place for learning and experiential
education
• Provide safe, welcoming, and equitable access to park amenities
• Create safe connections between nearby neighborhoods and amenities
• Provide restrooms and shelter to support he park as a destination serving the
East Hill North and greater Kent community
• Establish the framework for a great park now and plan for future opportunities
• Support multigenerational use of the park by providing playful experiences
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 4 Packet Pg. 20
8.A.1
City Council Workshop Workshop Regular September 3, 2024
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
• Manage stormwater and other development effects with the low-impact design
strategies
Levenhagen detailed two options moving forward:
Option A - reworking phasing plan
• Concentrate improvements around getting pedestrians to the park, passive
park uses and connections to Soos Creek Trail.
• Building park amenities anticipated to increase vehicular trips in a future
phase 2.
• Remove Shelters and Playground from Phase 1
• Shrinking the size of the parking lot c
• Make a significant first step in park development to reduce cost of future
4-
phases. 0
• Get approval from grant agencies to rework phasing plan to get funding c
spent. a
• Submit budget request to fund means to get pedestrians to the park and a
design future vehicular improvements necessary to complete the park.
LO
Option B - Put the Project on Hold r
• Hold project until funds to complete vehicular improvements to 132nd Avenue LO
are secured. o
• Get extension from grant agencies to spend funds in the future. M
• Construction cost escalation of 3-4% annually.
• Longer wait for positive community use of site. U)
4-
0
a�
Transportation Engineering Manager, Rob Brown detailed: c
Existing conditions at 132nd Ave SE and SE 216th Street.
Reviewed Proposed pedestrian access improvements at SE 218th Street and SE
214th Way and SE 216th Street c
a
a�
Left Turn to SE 216th Street - Reviewed design provided by engineering firm Q
hired to come up with access improvements on 132nd Ave SE.
• Enhanced crosswalks at SE 214th Way and SE 218th
• Sidewalk improvements
The Left Turn option is estimated to cost $15m to construct
132nd Ave SE roundabouts:
• Roundabout at SE 218th St and SE 214th Way
• Pedestrian connections similar to Left turn options
• Roundabouts would provide traffic calming in this area.
• The roundabout option is estimated to cost $8m to construct
Levenhagen asked if Council would be in favor of staff making a budget
request to pay for pedestrian access improvements for the first phase of the
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 4 Packet Pg. 21
8.A.1
City Council Workshop Workshop Regular September 3, 2024
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
project.
Kaur, Fincher, Troutner (Troutner advised Councilmember Michaud conveyed
that she was in favor and staff making a budget request), Boyd, and Boyce
were in favor of moving forward with staff making a budget request in
addition to supporting Option A. Larimer was in favor of placing the project
on hold, in favor of Option B.
Meeting ended at 6:13 p.m.
KL*d�erley A. Ko-ww-tc-
City Clerk c
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Page 4 of 4 Packet Pg. 22
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
September 3, 2024
Date: September 3, 2024
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
c
2. ROLL CALL
Attendee Name itlle= Status Arrived c
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
M
3. AGENDA APPROVAL
U)
A. I move to approve the agenda as presented. o
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Satwinder Kaur, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner
Q.
a�
4. PUBLIC COMMUNICATIONS a
A. Public Recognition
c
L Employee of the Month
Mayor Ralph recognized Mark Maughan as the City's September Employee of
the Month.
ii. Proclamation for Childhood Cancer Awareness Month
Mayor presented the Proclamation for Childhood Cancer Awareness Month to
Brandon, Amanda, and Addison Huffman.
iii. Proclamation for Fetal Alcohol Spectrum Disorders Awareness
Month
Packet Pg. 23
8.A.2
Kent City Council City Council Regular Meeting September 3, 2024
Minutes Kent, Washington
Mayor Ralph presented the Proclamation for Fetal Alcohol Spectrum Disorders
Awareness Month to Alex and Clara O'Keeffe.
B. Community Events
Council President Kaur announced upcoming events at the accesso ShoWare
Center.
Councilmember Fincher announced upcoming Spotlight Series events.
S. REPORTS FROM COUNCIL AND STAFF
a�
A. Mayor Ralph's Report
Mayor Ralph provided a recap of the latest meeting of the Flood Control
4-
District meeting. °
B. Chief Administrative Officer's Report 0
a
No report. a
C. Councilmembers' Reports
a
Council President Kaur provided a recap of the two workshop presentations o
from today.
N
O
Councilmember Troutner provided an overview of the Parks items on today's N
Committee of the Whole agenda. a
(D
U)
Troutner serves as the Vice Chair of the Puget Sound Regional Fire Authority o
Governance Board and provided a recap from their last meeting.
c
Councilmember Larimer provided an overview of the Economic and
Community Development item on today's Committee of the Whole agenda.
Councilmember Boyce provided a recap of the Operations items from today's
Committee of the Whole agenda.
Q
Councilmember Boyd - No report r
Councilmember Fincher invited the pubic to attend the art exhibition in the
City's Centennial Center.
Fincher provided a recap of the Public Works item from today's Committee of
the Whole agenda.
Fincher serves on the Mental Illness and Drug Dependency Council and
provided a recap of their latest meeting that related to additional budget
funds for successful graduates of the DUI program.
6. PUBLIC HEARING
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 4 Packet Pg. 24
8.A.2
Kent City Council City Council Regular Meeting September 3, 2024
Minutes Kent, Washington
None.
7. PUBLIC COMMENT
None.
S. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Satwinder Kaur, Council President
SECONDER: Bill Boyce, Councilmember a
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Troutner =
4-
A. Approval of Minutes o
i. Council Workshop - Workshop Regular Meeting - Aug 20, 2024 5:15 PM 0
0
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ii. City Council Meeting - City Council Regular Meeting - Aug 20, 2024 7:00 a
PM E
B. Payment of Bills - Approve o
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MOTION: I move to approve: the payment of bills received
through 7/31/24 and paid on 7/31/24; the checks issued for o
payroll 7/16/24-7/31/24 and paid on 8/5/24; the payment of N
bills received through 8/15/24 and paid on 8/15/24; and the a
checks issued for payroll 8/1/24-8/15/24 and paid on cn
8/20/24, all audited by the Committee of the Whole on o
8/20/24. a
C. Excused Absence for Councilmember Michaud - Approve
MOTION: I move to approve an excused absence for
Councilmember Michaud for the meeting of September 3, 2024.
w
D. Consolidating Budget Adjustment Ordinance for Adjustments
between April 1, 2024, and June 30, 2024 - Adopt Q
MOTION: I move to adopt Ordinance No. 4497, consolidating r
budget adjustments made between April 1, 2024, and June 30,
2024, reflecting an overall budget increase of $6,349,580.
E. Joint Funding Agreement with the U.S. Geological Survey -
Authorize
MOTION: I move to authorize the Mayor to sign the Joint
Funding Agreement for Water Resource Investigations with the
U.S. Geological Survey, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney.
9. OTHER BUSINESS
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 4 Packet Pg. 25
8.A.2
Kent City Council City Council Regular Meeting September 3, 2024
Minutes Kent, Washington
None.
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
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Meeting ended at 7:29 p.m. c
K&H Ley A. Kavu)tc, 0
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Page 4 of 4 Packet Pg. 26
8.B
KENT
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: Appointment to the Kent Special Events Public Facilities
District Board - Appoint
MOTION: I move to appoint Randall Smith to fill the recently vacated
Position 3 on the Public Facilities District Board to complete the term
ending August 31, 2026.
SUMMARY: The accesso Showare Center was originally constructed and financed
through a partnership between the City and the Public Facilities District (PFD), a
governing body that, pursuant to RCW 35.57.020, may be established for the
purposes of acquiring, constructing, owning, remodeling, maintaining, repairing,
financing, and operating a regional center. The PFD was primarily established to
assist in financing the construction of the accesso Showare Center.
The PFD board is made up of five members who are appointed by the City Council.
Three of the five members of the board are appointed by the Council after receiving
a recommendation from local organizations that may include, but are not limited to
the local chamber of commerce, local economic development council, and local
labor council. RCW 35.57.010. The other two positions do not require this
recommendation. Pursuant to state law, PFD board members serve four-year
terms.
In July 2024, Dillon Spears, who occupied Position 3 (which position required a
recommendation from a local organization), resigned from his position.
The Mayor has recommended appointing Randall Smith to fill Position No. 3.
Mr. Smith was an original board member of the PFD and served on the PFD board
from approximately September 2007 to August of 2022. Term limits do not apply
to the PFD because it is a separate municipal corporation not subject to regulation
by the City, except as provided for by Ch. 35.57 RCW. Therefore, the provisions of
Ch. 2.50 of the Kent City Code do not generally apply to the PFD.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 27
8.B
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 28
8.0
•
KENT
W A S M I N G T O N
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: Resolution Delegating Authority to Designate Costs for
Bond Reimbursement - Adopt
MOTION: I move to adopt Resolution No. 2076, appointing the City's
Finance Director as the agent authorized to designate certain expenditures
for reimbursement from future tax-exempt obligations, including bonds,
that may be authorized and approved by the City Council in the future for
issuance.
SUMMARY: The City issues tax-exempt obligations, such as bonds, notes, and
leases, from time to time to finance its governmental activities. Bonds can be used
to finance long-term debt and are a useful tool for large-scale capital projects, such
as acquiring, building, or improving public facilities and infrastructure. These types
of projects often have high up-front costs and long-term value to the City. The use
of bonds spreads the project cost over a longer period, resulting in a more
predictable cash flow. There are several projects the City is currently working on
that could be financed in the future through the issuance of bonds, but require
more immediate expenditures.
The U.S Department of the Treasury permits the City to reimburse itself from future
tax-exempt obligations, including bond proceeds, if it first issues a declaration of
official intent to reimburse. Issuance of this type of declaration is simply an
administrative act that does not commit the City to issuing any tax-exempt
obligations, such as bonds, which remain subject to authorization only through
subsequent action of the City Council by its adoption of an authorizing ordinance
prior to issuance. The U.S. Department of the Treasury permits the City to appoint
one or more officials for the purpose of identifying and qualifying capital projects for
reimbursement.
This resolution appoints and designates the City's Finance Director as the official
responsible for issuing declarations of official intent to reimburse in compliance with
U.S. Department of the Treasury regulations.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 29
8.0
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Delegating Authority to Designate Costs for Bond Reimbursement (PDF)
09/03/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 9/17/2024
7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Boyce, Boyd, Fincher, Larimer, Troutner
Packet Pg. 30
8.C.a
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RESOLUTION NO. 2076 0
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A RESOLUTION of the City Council of the
City of Kent, Washington, appointing the City's o
Finance Director as the agent authorized to 0
designate certain expenditures for reimbursement
from future tax-exempt obligations, including bonds,
that may be authorized and approved by the City
Council in the future for issuance. r
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RECITALS E
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A. The City of Kent, Washington (the "City") issues tax-exempt
obligations, including bonds, notes, and leases from time to time for the
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purpose of financing its governmental activities. 00
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B. The United States Department of the Treasury has promulgated N
Regulations limiting the ability of the City to use the proceeds of tax-exempt 0
obligations for reimbursement of prior expenditures. However, Section 1.150-
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2 of the Regulations permits the City to appoint one or more officials for the '
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purpose of identifying and qualifying capital projects for reimbursement o
purposes.
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C. Any such declaration of official intent to reimburse must not be E
made as a matter of course or in an amount substantially in excess of the
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amount expected to be necessary for the proposed project. Issuance of an
official declaration of intent to reimburse does not commit the City to issuing o
any tax-exempt obligations, which remain subject to authorization only
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1 Resolution - Delegating E
Authority to Designate Costs for Bond Reimbursement
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8.C.a
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through subsequent action of the City Council by its adoption of an
authorizing ordinance prior to issuance. L)
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 0
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RESOLUTION r
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SECTION 1. - Finance Director as Designated Official. The City
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Council hereby appoints and designates the City Finance Director (the o
"Finance Director") as the official responsible for issuing statements of official o
intent in compliance with Treasury Regulation Section 1.150-2. c
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SECTION 2. - Authorization to Execute. Upon a determination by the o
Finance Director that the costs of a particular capital project may be
reimbursed from the proceeds of tax-exempt obligations of the City, the
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Finance Director is authorized and directed to execute a certificate of official ;n
intent, substantially in the form attached hereto as Exhibit A. Each certificate E
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so executed shall become a part of the official records of the City available
for public inspection and review. m0
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SECTION 3. - Severability. If any one or more section, subsection, o
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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 aT
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and the same shall remain in full force and effect. o
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SECTION 4. - Corrections by City Clerk. Upon approval of the city 0
attorney, the city clerk is authorized to make necessary corrections to this a
resolution, including the correction of clerical errors; resolution, section, or
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subsection numbering; or references to other local, state, or federal laws,
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SECTION 5. - Effective Date. This resolution shall take effect and be U
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September 17, 2024 L
DANA RALPH, MAYOR Date Approved 0
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September 17, 2024
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted .2
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APPROVED AS TO FORM:
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TAMMY WHITE, CITY ATTORNEY N
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EXHIBIT A r
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FORM OF OFFICIAL INTENT CERTIFICATE
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Pursuant to Resolution No. 2076 of the City Council of the City of Kent, T
the Washington "City"), p p g �g ( y ), adopted on September 17 2024 the undersigned Finance o
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Director of the City hereby states as follows: o
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Section 1. The City reasonably expects to reimburse the expenditures a
described herein with the proceeds of debt to be incurred by the City (the
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"Reimbursement Bonds"). o
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Section 2. The maximum principal amount of Reimbursement Bonds expected
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to be issued is $ [STATE THE MAXIMUM AMOUNT OF THE TAX-EXEMPT
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BONDS EXPECTED TO BE ISSUED AND/OR USED TO REIMBURSE THE CITY].
Section 3. The expenditures with respect to which the City reasonably expects a
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to be reimbursed from the proceeds of Reimbursement Bonds will be made from the
City's Fund [STATE WHICH FUND WILL BE USED TO INITIALLY �E-,
PAY FOR THE PROJECT] for project costs related to the City's o
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[DESCRIBE PROJECT]. 0
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Dated this _ day of , 20 c0
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8.D
•
KENT
W A S M I N G T O N
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: Agreement with Siemens for Kent Commons Fire Alarm
Replacement - Authorize
MOTION: I move to authorize the Parks Department to contract for fire
alarm system parts and installation through a Cooperative Purchasing
Agreement with Siemens, 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 purchase agreements with vendors that allow their
member schools and public agencies to purchase directly through those cooperative
agreements.
KCDA has an agreement with Siemens that currently runs until October 315t, 2024.
The KCDA agreement with Siemens permits the Parks Department to leverage
Siemens' contract with KCDA to directly purchase parts and installation services at
previously quoted prices. This will cover the installation of a new fire alarm system
at the City of Kent Commons, scheduled for completion by the end of April 2025.
The total cost for purchase and installation is not expected to exceed $353,786.34.
BUDGET IMPACT: $353,786.34 to be fully paid from existing budgeted funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. FAC-Siemens-Commons Fire Alarm Upgrade-Exhibit A (PDF)
2. FAC-Siemens-Commons Fire Alarm Upgrade - Exhibit (PDF)
Packet Pg. 35
8.D
09/03/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 9/17/2024
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Boyce, Boyd, Fincher, Larimer, Troutner
Packet Pg. 36
8.D.a
PROPOSAL E
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Kent Commons Fire Alarm System Upgrade - Revision 1 Q
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iemens Contract#21-360 - �� --•— .3 .�
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8.D.a
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Table of Contents E
SIEMENS PROPOSAL 3 Q
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Contact Information ....................................... ............... 3 U-
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Scope of Work - Fire Alarm ............... 4 0
Scope of Work - Automation .................................................................................. 6 E
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Inclusions.............................................................................................................. 6 0
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Exclusions 8
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Clarifications ......................................................................................................... 9 Y
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EquipmentList .................................................................................................... 10 4°
Sell Price 16 r-
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Termsand Conditions................................................................................................... 17 T
Terms & Conditions Link(s) .................................................................................. 17
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Signature Page 18 w
Signature Page 18 E
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Contact Information E
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Proposal #: 8779501 U-
Date: May 28, 2024 0
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Sales Executive: Christopher Cooper
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Branch Address: 15900 SE Eastgate Way#200 4°
Bellevue, WA 98008
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Customer Contact: Will Moore
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Customer: CITY OF KENT
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KENT WA 98032-5838 v
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Services shall be provided at: Kent Commons Community Center
525 4th Ave N, Kent, WA 98030 w
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8.D.a
SIEMENS
Scope of Work - Fire Alarm E
Thank you for giving Siemens the opportunity to provide you with a proposal on the Kent Commons Fire CD
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Alarm System Upgrade. This is a turnkey proposal. In this proposal Siemens is providing the necessary Fire ii
Alarm Permit, Equipment/ Materials and Labor to complete the work in accordance with the City of Kent. The o
fire alarm system design is based on the following codes and design documents: E
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• 2021 International Codes. v
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• Site Walk Mark-up 3/18/2024 Y
• Arch Drawings form 5/27/1998 L
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Based on the requirements of the listed codes and standards the following is provided. m
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• Fire alarm control panel located m
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• Power supplies as needed for notification.
• Full Smoke Detection throughout (Excluding room 117 stage area, Only sprinkled space within the 3
building):
• Manual pull stations placed at all exits. m
• The fire sprinkler monitor. a
• Notification will be place based on code minimum.
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• Building X Fire App Gateway o
• Desigo CC integration v
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Note:
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• City of Kent to Supply floor protection for area requiring a lift on level 1 and 2, w
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• Siemens to provided lift for level 1 Gym
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• City of Kent to provided Lift for Level 2 request ball courts a
• 120v power to be reused.
• If an existing cabling for the existing addressable devices is found to be fault additional cost will be E
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needed to repair or replace the cable. Q
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Siemens will provide the following Labor for this project:
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Project Manager: E
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• Gather project data (schedules, AutoCAD Files for project, submit drawings for fire alarm L)
permit, schedule technicians and engineers for duration of project, order materials for project, assist
with the close out documents and provide status updates and/or answer project related questions E
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during the project.
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Engineering:
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• Build Fire Alarm drawings from supplied project plans for submittals to AHJ for fire alarm permit.
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• Build close out documents and submittal pack (electricals are to provide redlines upon completion of
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the job if required)
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• NICET Level III stamp
Pa Packet Pg. 40
8.D.a
SIEMENS
Fire Alarm Specialist and Electrical Partner: E
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• Installation of a new Fire Alarm Control Panel (FRCP). Q
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• Removal of the existing Fire Alarm Control Panel and Field Devices ii
• Programing detectors and Modules o
• Replacement of Existing Notification, Detection and Modules. E
• Installation of new Notification, Detection and Modules to meet currant code. 0
• Create the fire alarm program for the field devices including the sequence of operations and functions
that are part of this project. Y
• Perform a 100% preliminary test prior to the acceptance test with the AHJ to confirm all is ,0
operating properly.
• Assist in the acceptance test with AHJ. E
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Scope of Work - Automation a
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Siemens is pleased to provide the following building upgrade proposal for your consideration. This proposal w
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includes upgrades to the building &fire/life safety systems at the Kent Commons, Kent WA. 0
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The following is included in our scope of work under this proposal. E
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Integration of new Siemens Fire Alarm Panel Y
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• We include new Desigo CC FA point licenses to support the new fire alarm points n
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• Siemens to furnish, install and wire (1) Monitoring Only Solution Assembly (MOSA) with ethernet
connectivity to XNET panel. XNET panel shall be provided by Siemens Fire/Life Safety project team. m
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This installation shall support monitoring only.
• MOSA panel shall be mounted adjacent to the new Siemens fire panel. 3
• Ethernet drops and IP addresses will be customer provided
• Command and control of alarms must be maintained at the fire alarm control panel
• Siemens will modify existing or create (1) new Desigo CC graphic to include fire alarm point locations a,
on Kent Commons floor plan graphics. a
• Note the graphic(s) are for alarm notification & monitoring only o
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Life Cycle Expansion Panel Upgrade
• Siemens will replace existing legacy FLN expansion panels with the necessary TX 1/0 modules to w
accommodate the existing points in the upstairs mechanical room. Included:
• Siemens to furnish, install and wire (1) (8) DI Digital Input module to replace Legacy 1/0 module a
• Siemens to furnish, install and wire (1) (8) Universal 1/0 module to replace Legacy 1/0 module
• Siemens will startup and checkout the new panels. E
• Siemens will provide an updated panel point layout for the upgraded panel reflecting post a
construction conditions. m
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• The existing sequence of operations will be reused with no programming modification made during
the migration process. 0
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NOTE:The expansion panel upgrade scope will be completed AFTER the fire panel migration scope is v
complete and verified
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Inclusions
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• Demolition work of the existing fire alarm panel. U-
• Existing Device locations and cable to be reused.
• New addressable devices to be tided into the existing circuits. E
• Notification to be reworked to meet current code.
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• Freight.
• Engineering.
Pa packet Pg. 42
8.D.a
SIEMENS
• Programming. E
• Device Terminations. c°
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• Project Management for Siemens Scope of work.
• One (1) System Commissioning and Final Pretest. _
• One (1) Final AHJ Testing and certification. o
• Fire Alarm Submittal to AHJ and Customer. E
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• Price is based on Auto-CAD prints of the project being supplied to us by others. Lj
• One (1) year warranty.
• Three (1) submittals. Y
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• Three (1) 0&M manuals. 0
• Installation of new Device to meet currant code.
• We include start-up validation of new 1/0 modules and fire alarm panel connectivity E
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Exclusions a
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• Offsite monitoring systems fees. E
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• Cost associated with multiple trips to the job site due to incompletion by others. 0
• Working in areas containing hazardous materials.
• Any additional devices that may be required by the AHJ or Commissioning Agents. Y
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• Base building cad drawings from which to base or design. ,o
• Ceiling and/or wall removal, replacement, patching, and painting. c
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• Overtime (except as specifically noted). E
• After hours work (except as specifically noted). i)
• Additional testing due to others.
• 120 VAC power.
• Bonding or special insurance.
• Any and all construction related abatements. L
• Scaffolding and lifts (except as specifically noted). a
• Fire Watch
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• concrete cutting a
• Overtime, Weekend and/or Nightwork.
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• Field Panel Ethernet connections are the responsibility of the client.
• IP addresses are the responsibility of the client. a
• Pricing excludes replacement of existing failed components. E
• Pricing excludes repairs due to failed points or end devices outside of the above scope.
• Pricing excludes decommissioning and removal of Insight.
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• Pricing excludes Automation Point Renaming. ii
• Pricing excludes conversion of Field Panels and/or FLNs to BACnet. c
• Pricing excludes functional testing for fire smoke dampers. E
• Pre-existing conditions will be addressed outside this scope of work. If applicable for this location, 0
specifically for fire smoke control, we test to the operations of the building automation control only, L,
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not the mechanical controls for smoke dampers.
• Pricing excludes premium or overtime labor unless specified otherwise in this proposal. 2
• Pricing assumes the existing wiring is intact, fully functional, and capable of supporting the updates v
noted in this proposal. U_
• Pricing excludes provision of temporary heating or cooling during migration period.
• Functional Performance Test is included. E
• Pricing excludes support of 3rd Party Commissioning.
• Specific Field Panel UL certification is excluded. a
• Siemens excludes all costs associated with per project aggregate insurance. If required, Siemens will
provide cost upon request.
Pa Packet Pg. 44
8.D.a
SIEMENS
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Clarifications CD
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• Siemens will provide the fire alarm permit, review, and inspection fees. w
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• Owner will need to allow Siemens full and complete access to the property for the duration of the E
project. E
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• All scheduling and phasing will need to have the Owner's input and will require the Owner's c)
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cooperation to complete during the allotted time.
• Submittals may take between 4-6 weeks or longer for approval through the AHJ. Y
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• All work to be performed during normal working hours of Monday thru Friday, 6:00am to 4:00pm. —
• This price is firm for 30 days from the date of this proposal. m
• If any existing cable is found to be unusable or faulty Siemens will need to replace and will require a m
change order for the additional cost.
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Pa Packet Pg. 45
8.D.a
SIEMENS
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Equipment List a
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Product Description Mfg. Part # Mfg. SKU QTY List/Retail Price KCDA Bid price Total c
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6" DETECTOR BASE ASSY Siemens DB-11 80 $17.34 $13.87 E
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252-point system with 170W power 0
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supply and standard operator interface Siemens FC2025-US 1 $2,189.94 $1,751.95 $1,751.S m
Consists of:One FCM2018-U2, one Y
FP2011-U1,one FC12016-U1 0
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Dialer module(DACT) Siemens FCA2015-U1 1 $517.14 $413.71 $413.71
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Dual Optical 1 Heat Detector Siemens FDOOT441 80 $221.34 $177.07 $14,165 m
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Black 2 Height Unit 1 Window Enclosure t
kit(for FC2025, FC2050)Consists of: Siemens FHK2002-U2 1 $711.96 $569.57 $569.57 3
One FHB2002-U1, one FHD2004-U1,
one FHD2006-U1,one FHD2002-U2 0
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Wire Guard Siemens OSID-WG 16 $143.82 $115.06 $1,840.S
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PAD& BOOSTER ENCL 1 HU BLK Siemens PAB-ENCL 1 $386.58 $309.26 $309.26
CM
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Complete 6A PAD-5 Kit Siemens PAD5-6A 1 $1,718.70 $1,374.96 $1,374.$
SLHSCW-F HRNIST,CLG,WHT,FIRE Siemens SLHSCW-F 30 $134.64 $107.71 $3,231.: Q
SLSCW-F ST,CLG,WHT,FIRE Siemens SLSCW-F 17 $102.00 $81.60 $1,387.1-e
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XMS-D Address, double act MPS w
Isolation Siemens XMS-D 12 $240.72 $192.58 $2,310.S
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Dual Input Monitor Module,with Built-In Q
Isolator Siemens XTRI-D 2 $218.28 $174.62 $349.25
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BATTERY SET 12V 33AH Siemens BTX-1 2 $1,240.32 $992.26 $1,984.`- 2
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FREIGHT 1 256 $256.00
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Pag Packet Pg. 46
8.D.a
SIEMENS
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Sell Price a
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Material & Freight $29,945.34 E
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Project Labor $284,800.00 Y
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P&P Bond (2%) $6294.90 E
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Total Quote Price Without Tax $321,040.24 3
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Estimated Taxes ( 10.20%) $32,746.10
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Total Quote Price With Tax $353,786.34
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This price is firm for 30 days from the date of this proposal.
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8.D.a
SIEMENS
Terms & Conditions Link(s) E
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Terms and Conditions (Click to download) i
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Terms&Conditions(Restricted) 0
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(www.siemens.com/standard-terms-project-restricted) E
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Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are U
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increased as reflected by CRUIIHS Markit/CMAIICOMEX market index, then Siemens may increase the Contract Y
Sum or apply a surcharge to Customer accordingly. L
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As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens
and its sub-suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the m
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correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make
partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable 3
effort to meet the delivery or service or completion date mentioned above, such date is subject to change.
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To the extent applicable, the following Rider(s) are incorporated and made part of L
the Siemens Standard Terms and Conditions: a
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Riders (Click on rider below to download) v
SI Fire Life Safety Rider Q
(www.siemens.com/rider-fls)
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SI Mass Notification Rider x
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(www.siemens.com/rider-mass-notification) m
SI Monitoring Rider
(www.siemens.com/rider-monitoring) Q'
SI Software License Warranty E�
(www.siemens.com/rider-software-license) Q
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SI Consulting Rider U_
(www.siemens.com/rider-consuling)
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Pag packet Pg. 48
8.D.a
SIEMENS
Signature Page E
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Proposed by: Accepted by:
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Siemens Industry, Inc. CITY OF KENT E
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Company Company U
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Christopher Cooper Y
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Name Name (Printed)
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8779501
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Proposal # Signature
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$353,786.34 L
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Proposal Amount Title Cn
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May 28, 2024 Q
Date Date x
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Purchase Order# ❑PO for billinglpmnt only ❑PO not required E
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Pag Packet Pg. 49
Exhibit B
8.D.b
KCADAPURCHASING COOPERATIVE
-7 18639-80TH Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.org 4)
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INVITATION FOR BID a
Integrated Security Systems & Fire Controls Bid#21-360 L
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Due August 26,2021 On or before 2:00 p.m., PST c
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The KCDA Purchasing Cooperation (hereinafter"KCDA") requests bids from manufacturers and/or dealers
who can offer Integrated Security Systems and Fire Controls to its member agencies. Y
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Total estimated value of this contract is approximately $1M to $2.5M. N
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Each response is to be filed in a separate envelope and marked with the appropriate IFB name, number, day and E
time of opening. All bids must be at KCDA's office on or before the time shown above or they will not be W
accepted nor considered. Responses sent via email, faxed, or"postage due" will not be accepted. Responses sent 3
via Federal Express, Express Mail or other overnight delivery services must be sent to: KCDA, 18639 80th Ave
S, Kent WA 98064-5550 and clearly marked with the IFB number and description, Attn: Purchasing
Department.
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ATTN: KCDA Purchasing Dept. a
18639—80t"Ave S M
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Kent,WA 98064-5550
IFB# 21-360
Integrated Security Systems & Fire Controls
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The vendor has full responsibility to ensure the proposal arrives to the Purchasing Office by the due date and
time. KCDA assumes no responsibility for delays caused by the U.S. Post Office or any other delivery service.
Postmarking by the due date will not substitute for actual receipt of response by the date due. Proposals arriving
after the deadline may be returned unopened to the vendor, or may simply be declared non-responsive and not E
subject to evaluation, at the sole determination of KCDA. All questions pertaining to this bid shall be entered in 2
the"Questions" section of Public Purchase. No emails or phone inquiries will be accepted.
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Electronic copies of this IFB are available via KCDA's website @ www.kdca.org. Click on Bid Information
Vendor Bids, or send email to vbuckbee(a-),kcda.org (425) 251-8115 X134 if you have trouble opening the E
document. E
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Valerie Buckbee, Contract & Procurement Specialist
vbuckbee(a,kcda.org E
(425)251-8115 X 134 v�
Published in the Daily Journal of Commerce-Seattle u_
and the Daily Journal of Commerce (OR)
July 21, 2021 and July 28, 2021 E
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KCDA
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Integrated Security Systems & Fire Controls BID# 21-360
Packet Pg. 50
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KING COUNTY DIRECTORS ASSOCIATION E
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INVITATION FOR BIDS U
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NOTE:THERE ARE NO FEES ASSOCIATED WITH KCDA BIDS WHEN USING PUBLIC PURCHASE
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INVITATION FOR BIDS INDEX Q
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I. INTRODUCTION
A. KCDA Membership c
B. Interpretation of Bid Documents E
C. Exceptions �0
D. Contract Default
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E. Bidder Responsibility
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F. Bidder Financial Responsibility `o
G. Minority and Women Owned Businesses y
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II. GENERAL PROVISIONS E
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A. Bid Opening N
B. Modifications
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C. Quality Standards 3
D. Rejection of Any or All Responses
E. Binding Contract
F. Estimated Quantities a,
G. Contract Period a
H. Ordering Schedule
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I. Extended Contract Period
J. Requested Samples •�
K. Disposal of Samples
L. Anti-Discrimination Clause w U
M. Indemnification
N. Patent Indemnification
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O. Safety Requirements a
P. Risk of Loss
Q. Rejection E
R. Shipment Identification Q
S. No Bid Response ;v
T. Bid Awards
U. Termination
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V. Reciprocity E
W. Force Majeure 0
III. PREPARATION OF BID
A.Submittal of Bid Document E
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B. Signatures N
C. Questions/Addendums a
D. F.O.B. Shipments U`
E. Product Identification
F. Quantity per Unit of Measure E
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G. Alternate Proposal E
H. Errors/Corrections U
I. Invoicing 0.
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J. Cash Discounts/Invoice Payments
K. Washington State Sales Tax 2 3-3-17 Direct Ship and Hard Copy Responses E
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V. PRODUCT ACCEPTANCE
A. General Policy
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V. BID PROTESTS E
A.Who may protest 0
B.What can be protested �.
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C. How to file a protest m
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D.When to protest `o
E. Where to file a protest y
F. After a protest is filed
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VI. PRODUCT TOXICITY REPORTS N
A. Hazardous Chemical Communication
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VII. SPECIAL NOTATIONS
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ATTACHMENT A-Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion a,
ATTACHMENT B—Terms by Manufacturer a
ATTACHMENT C-Special Provisions
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I. INTRODUCTION .r
A. KCDA MEMBERSHIP w
KCDA is a purchasing cooperative owned by 294 public school districts in the state of Washington and is
located in Kent, Washington. KCDA's membership is made up of, but not restricted to public school
districts, private schools, municipalities, political subdivisions and other public agencies located in but a
not limited to Washington, Oregon, Idaho,Alaska, and Montana. Representing over 1 million students
and over 5,000 ship to locations, KCDA purchases approximately$100 million worth of products, E
equipment and services on behalf of the membership. Q
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A complete list of all school districts and other public agencies that are members of the KCDA Purchasing N
Cooperative is available on our web site www.kcda.org. c
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Restrictions of merchandise or services to any locale of KCDA membership must be clearly noted in a bid �0
response.
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B. INTERPRETATION OF BID DOCUMENTS
Any person contemplating submitting a bid for the proposed contract that is in doubt as to the true v
meaning of any part of the bid documents, or finds discrepancies in or omissions from the bid Q
documents, shall submit to KCDA a written request for an interpretation or correction thereof. Such
request shall be submitted and received not later than 10 days prior to the date specified for receipt of aa)
bid responses.Any interpretation or correction of the bid documents will be made in writing by E
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addendum duly issued to all bidders. KCDA will not be responsible for any other explanation or E
interpretation of the bid documents. U
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C. EXCEPTIONS
Any exceptions to the terms and provisions of this invitation for bids shall be made by signed and dated E
attachment to the bid response. Do not add to, delete from, or amend in any manner the bid form. Q
Exceptions pertaining to payment or delivery terms must be noted within Attachment B. All noted L
exceptions are subject to approval and acceptance by KCDA.
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D. CONTRACT DEFAULT E
Your bid is subject to all terms and conditions as herein established in this bid request form and include �0
price, quality and delivery. Subsequent failure to provide items bid in accordance to the purchase order
and bid delivery schedule will constitute contract default, and, after due written notification, allows the m
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Purchasing Department to declare the contract void and to purchase the merchandise on the open `o
market.Any additional costs to procure and distribute replacement product will be charged to the y
bidder.
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E. BIDDER RESPONSIBILITY N
All bidders shall thoroughly examine and be familiar with the bid documents including all exhibits and
attachments.The failure or omission of a bidder to receive or examine any form, instruments, 3
addendum, or other document shall in no way relieve any bidder from obligations with respect to your
bid or to the contract.The submission of a bid shall be taken as prima facie evidence of compliance with
this section. a,
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F. BIDDER FINANCIAL RESPONSIBILITY
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KCDA has the right to request financial information from any bidder to evaluate the bidder's ability to
meet the terms and conditions of any and all contracts that may be established by acceptance of the •�
offer contained in the bid. Additional confirmation from the bidder's supplier(s)that the delivery terms
of the contract will be met may be required. KCDA reserves the right to reject any or all bids and/or w
bidders unable to prove they are financially able to provide the quantity of merchandise they have
offered in response to this bid invitation.
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G. MINORITY AND WOMEN OWNED BUSINESSES
KCDA encourages all minority and women owned businesses to participate in the bid process. E
Washington State law does not allow KCDA to provide any financial advantage for minority and women Q
owned businesses who participate, however, KCDA believes that a diverse range of suppliers benefits all. L
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II. GENERAL PROVISIONS c
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A. BID OPENING 0
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All bids submitted for supplies and/or services will be opened in public at the time, date and place, and
in the manner herein specified, and all bidders are invited to be present at the opening of such bids. A
final recap will be available from KCDA after bid awards are made. Under no circumstances will a bid be d
considered if filed after the hour specified in the invitation for bids.To be considered for award, a bid N
response must be submitted according to the instructions and prior to the date and time indicated a
within.The times listed in any referenced schedule are Pacific Standard Time.
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KCDA will not accept bids that are sent via fax or email. E
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The KCDA address is: E
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King County Director's Association U
Purchasing Department 0.
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18639 80cn Ave S
Kent, WA 98032 E
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B. MODIFICATIONS/WITH DRAWL OF BID
Bids may be modified or withdrawn by written notice received prior to the exact hour and date specified
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for receipt of bids. Bids may also be modified or withdrawn in person by an authorized representative, c
who must sign a receipt for this action. Returned and/or unsubmitted bids shall become the E
responsibility of the bidder. Bids that are not resubmitted on or before the exact time of the opening �0
may not be considered for award.
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C. QUALITY STANDARDS
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Whenever an item in this invitation for bid is described using a manufacturer's name, brand or catalog y
number, it shall be construed solely for the purpose of indicating the standards of quality. Brands of
equal quality shall be considered, except where otherwise stated, provided the bidder specifies the E_
brand, model and number on which their bid is submitted and submits samples, specifications and other in
information necessary to properly evaluate the bid. Any bid containing a brand which is not of equal
quality at the sole discretion of KCDA, shall not be considered. KCDA will accept bids on new product 3
only. Merchandise that has been refurbished or has been in storage for a long period of time is
unacceptable.
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D. REJECTION OF ANY OR ALL RESPONSES Q
KCDA reserves the right to accept or reject any or all bids and to waive informalities or irregularities in
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any bid or in the bidding process.
E. BINDING CONTRACT
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It is understood that the offer represented by a bidder and an award made by the KCDA Board of w
Directors to the successful bidder,forms a binding contract. KCDA, under certain circumstances,will
allow the assignment of contracts; however, no assignment can occur to another entity without written
agreement from KCDA. a
F. ESTIMATED QUANTITIES E
Quantities, if shown on the bid forms, are estimated requirements of the members for whom KCDA acts Q
as purchasing department based on historical ordering information. Such quantities represent the total L
quantity the cooperative anticipates purchasing over the life of the contract period. KCDA reserves the
right to order more or less than the quantities stated in the bid. Any minimum order requirements or c
ordering restrictions should be so indicated as part of the bid response and will be subject to bid E
evaluation. Quantities ordered are based on actual requirements and the successful bidder will fulfill �0
that requirement regardless of the manufacturer's policies regarding order completion. 9
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G. CONTRACT PERIOD E
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Following an award, a contract would be issued as an annual contract from the date of KCDA Board N
acceptance, or as noted under Special Provisions.After the initial period,there is a possibility of three a
(3) renewals for the duration of one (1)year each. Pricing is firm for the first/initial period.
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H. ORDERING SCHEDULE z
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Based upon accepted minimum order requirements set by the successful bidder, KCDA or KCDA E
members may submit orders once a contract has been established by the KCDA Board of Directors. U
KCDA reserves the right to place orders anytime, for any amount, during the contract period based upon Q-
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any accepted minimum quantities and time restrictions set forth by the successful bidder attached to
their bid response. Quantities and delivery dates listed in this bid are presented as a guide to the bidder, E
but will not be binding or limiting to the KCDA and its members. Q
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I. EXTENDED CONTRACT PERIOD L
By mutual written agreement of KCDA Board of Directors and the successful bidder,the initial contract c
period may be extended for additional periods, not to exceed extensions of 3 years total beyond the E
initial contract. Such extensions shall be at the awarded price in effect at the time and under the same �0
terms and conditions as the original contract unless otherwise allowed under terms of the contract.
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Requests for extension shall be submitted to KCDA a minimum of 30 days prior to expiration of the
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existing contract term. `o
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J. REQUESTED SAMPLES
It is the bidder's responsibility to provide samples, if requested by KCDA,for a bid response to be E_
considered. Submit the samples to King County Directors'Association, 18639 80th Ave. S., Kent, N
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Washington, 98032 when requested. All requested samples must be labeled with the bid number, 3
KCDA's item number (as applicable) and bidder's name, and be submitted no later than seven (7)
working days after request.
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DO NOT ENCLOSE YOUR BID WITH THE SAMPLES.
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K. DISPOSAL OF SAMPLES
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Bid samples not picked up within 30 days after the bid award date shall become the property of the King
County Directors'Association and shall be disposed of by distribution to the member school districts or .r
by donation as deemed appropriate by KCDA.
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L. KCDA NON DISCRIMINATION STATEMENT
Bidders who desire to provide KCDA with equipment, supplies and/or professional services must comply
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with the following Non Discrimination requirements. During the performance of this contract,the
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Bidder agrees as follows:
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Bidder will comply with all Local, State and Federal Laws prohibiting discrimination with regard to race, Q
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical L
handicap.
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The Bidder will not discriminate against any employees or applicant for employment because of race, E
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical 0
handicap. N
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The Bidder will, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, E
state that all qualified applicants will receive consideration for employment without regard to race, N
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical a
handicap.
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Any Bidder who is in violation of these requirements, or an applicable nondiscrimination program shall E
be barred forthwith from receiving bid awards or any purchase orders from KCDA. U
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M. INDEMNIFICATION
The Vendor agrees to defend, indemnify and hold harmless KCDA and the member agency, and their E
respective officers, officials, employees and volunteers from any and all claims, injuries, damages, losses Q
or suits including attorney fees arising out of or resulting from the acts, errors or omissions in
performance of this Agreement, except for injuries and damages caused by the sole negligence of KCDA
or the member agency. Should a court of competent jurisdiction determine that this Agreement is c
subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to E
persons or damages to property caused by or resulting from the concurrent negligence of the Vendor, �0
KCDA or the member agency and their respective officers, officials, employees, and volunteers,the
Vendor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the
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Vendor's negligence. It is further specifically and expressly understood that the indemnification provided `o
herein constitutes the Vendor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for y
the purpose of this indemnification. Use of this contract certifies that the waiver of immunity specified
by this provision was mutually negotiated by the parties.The provisions of this section shall survive the E_
expiration or termination of the Agreement. N
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N. PATENT INDEMNIFICATION 3
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By accepting this order, Bidder agrees to save and hold harmless KCDA, its successors, assigns,
customers and the users of its products from any liability, loss, damage,judgments, or awards, including
costs and expenses arising out of any actions, claims, or proceedings for infringement of(a) any United a,
States Letters Patent purporting to cover the material to be delivered to Buyer under this order, or its a
normal intended use and (b) any trademarks appearing with the material on delivery to KCDA; and
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further, Bidder agrees to defend KCDA, its successors, assigns, customers and the users of its products at 7
Bidder's expense in all such actions, claims, or proceedings, provided that KCDA shall give Bidder prompt
notice in writing of all such actions, claims, and proceedings, as well as notice of infringement and
threats of suit for infringement. w
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O. SAFETY REQUIREMENTS
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All items furnished under this bid, where applicable, must comply with all OSHA, WISHA, UL Approval,
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including but not limited to chapter 296-46B of the Washington Administrative Code and any other
safety requirements imposed by KCDA,State or Federal agencies. Bidder further agrees to indemnify E
and hold KCDA harmless from all damages assessed against KCDA as a result of Bidder's failure to Q
comply with the acts and the standards issued thereunder and for the failure of the items furnished L
under this order to so comply.
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P. RISK OF LOSS E
Regardless of F.O.B. point, Bidder agrees to handle all claims and bear all risk of loss, injury, or �0
destruction of goods and materials ordered herein which occur prior to delivery, and such loss, injury, or
destruction shall not release Bidder from any obligation hereunder. CD
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Q. REJECTION N
All goods or materials purchased herein are subject to approval by KCDA or the KCDA member.Any a
rejection of goods or materials resulting from non-conformity to the terms, conditions and specifications
of an order, whether held by KCDA, KCDA member, or returned will be at Bidder's risk and expense.
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R. SHIPMENT IDENTIFICATION E
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All invoices, packing lists, packages, shipping notices, instructions, correspondence and all other written U
documents affecting any KCDA order shall contain the applicable purchase order number. A packing list Q-
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must be provided with every shipment being made to KCDA indicating all the products shipped and back
ordered; also, every carton shipped pursuant to this order must be marked with the contents therein. E
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S. NO BID RESPONSE
If no offer is to be submitted at this time, do not return this bid. A letter should be forwarded to KCDA
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advising whether future bids of this type are desired. Failure of the recipient to notify KCDA of your c
intentions may result in removal of your name from the bidder's list. E
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T. BID AWARDS V
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Following evaluation, bids recommended for award will be awarded by the KCDA Board of Directors to m
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the lowest responsible bidder meeting specifications. KCDA reserves the right to award items in groups `o
for ordering efficiencies,to meet minimum requirements (if accepted),to make multiple awards, or to y
reject any and all bids or portions thereof,to waive any minor irregularities in the bid process, or to
make no awards, if in its sole judgment the best interests of KCDA and its members will not be served. E
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U. TERMINATION
Termination for Convenience: KCDA may terminate this contract, in whole or in part, at any time and for 3
any reason by giving thirty(30) calendar days written termination notice to Vendor.Termination charges
shall not apply unless both parties subsequently agree upon them. Where termination charges are
applicable, both parties agree to negotiate in good faith and to limit the extent of negotiations to valid a,
documented expenses incurred by Vendor prior to date of termination. KCDA will not be responsible for a
stock that the Vendor has on hand that has not been requested via a purchase order. Should the parties
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not agree to a satisfactory settlement, the matter may be subjected to mediation and/or legal
proceedings. •r
V. RECIPROCITY W
Where allowed by law, KCDA may review responses from bidders outside the State of Washington to
see if those bidders are from states that use restrictions against companies from the State of
Washington when they respond to public bids. KCDA may use this information in making bid awards a
when multiple bidders appear to have submitted the same pricing,terms and conditions on a particular
bid item or items. E
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W. FORCE MAJUERE
Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default
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under this contract, if and to the extent that such party's performance of this contract is prevented by c
reason of force majeure. The term "force majeure" means an occurrence that is beyond the control or E
responsibility of the party affected and occurs without its fault or negligence, including, but not limited 0
to the following: acts of God; acts of the public enemy; war; riots; strikes; industry-wide labor disputes; 9
civil disorders; fire; flood; snow; earthquakes;tornadoes or violent winds; hail storms; lockouts; CD
injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar E
occurrences beyond the control or responsibility of the party declaring force majeure,which such party N
is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to a
commence when the party declaring it notifies the other party of the existence of the force majeure,
and shall be deemed to continue as long as the results or effects of the force majeure prevent the party
from resuming performance in accordance with the contract.The party receiving the notice of force E
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majeure may contest the declaration of a force majeure. Force majeure shall not include late deliveries E
of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold U
condition of the market, inefficiencies, internal labor disputes, or similar occurrences. If either party is Q-
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delayed at any time by force majeure,the delayed party shall notify the other party in writing of such
delay within forty-eight (48) hours. E
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III. PREPARATION OF BID _
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A. SUBMITTAL OF BID RESPONSE E
Submission of a response as designated in the bid instructions signifies that bidder will be bound to the i0
terms and conditions of this bid unless an exception is made part of the submission and accepted by
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KCDA. m
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Bidder must submit the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary y
Exclusion form, included as Attachment A. Bids received without this form may be considered non-
responsive.
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B. SIGNATURE
Bid responses are required to include the firm name, address,telephone number, contact name and 3
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authorized signature, signed in longhand by the person duly authorized to sign bid documents identified m
in the solicitation. Every attempt will be made to answer all questions.Where a response or addendum
cannot be obtained prior to the bid opening, it is understood that the Bidder will assume the more a,
stringent of requirements. a
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C. QUESTIONS/ADDENDUMS
All questions must be submitted in writing to the KCDA Purchasing Agent.
D. F.O.B. SHIPMENTS w
Prices must be quoted in the UNIT SPECIFIED, PACKAGING INCLUDED and except for cash discount
percentages, quoted NET, F.O.B.THE DELIVERY POINT specified in this bid, including the unloading of the
merchandise. KCDA typically redistributes products to its members unless designated or requested as a a
direct ship method.All merchandise shipped to KCDA must be in packaging that can be reshipped,via
common carrier, without damage.Any damage incurred due to insufficient packaging will be the E
responsibility of the supplier. Q
No charges will be allowed for special handling, packing, wrapping, bags, containers, reels, etc.
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E. PRODUCT IDENTIFICATION c
All bid responses must confirm the manufacturer number, brand name or grade specified in the bid E
invitation and such identification shall be binding on the bidder. Bidders must insert the manufacturer �0
number, brand name, grade and any other information necessary to clearly and properly describe and
identify the articles they propose to furnish. If necessary attach additional documentation for this
purpose. Alternates should be noted as an "alternate item" and properly identified with brand,
manufacturer number, etc.The bidder is not to alter the grade, brand, manufacturer number or N
description as given in the bid invitation. Questions on how to properly submit an alternate item must a
be directed to the named Purchasing Agent responsible for this bid.
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F. QUANTITY PER UNIT OF MEASURE E
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Where applicable, if the quantity or volume per unit differs from that specified in the bid invitation for E
any particular item, it is mandatory to note such difference in the bid response. Any bid submitted not U
showing the quantity per unit of measure will be construed to mean the bidder will furnish the unit of Q-
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measure as specified in the bid invitation and such interpretation shall be binding on the bidder. If the
bidder provides a unit of measure different from the KCDA requirement, it will be construed as an E
alternate item. Any merchandise subsequently received in other than KCDA units must be repackaged to Q
correct units. Repackaging is the responsibility of the bidder who has entered into the contract. Payment L
will not be tendered until the merchandise has been packaged to KCDA units. If necessary, KCDA
reserves the right to repackage merchandise to KCDA units and charge the bidder for all fair and c
reasonable associated costs. KCDA requires that upon award, the successful bidder establish a factory E
pack unit and ship in that unit for the duration of the contract. �0
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G. ALTERNATE SPECFICATIONS Y
An alternate specification is where the bidder is offering a product or service significantly different than `o
outlined in the bid request, and typically applies to items listed as "No Substitute". y
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For alternate specifications to be considered, a request must be submitted to KCDA 15 working days E_
prior to the bid opening. If accepted by KCDA, a clarification will be issued to all bidders on a bid in
addendum. Alternate specifications may be accepted if they meet the conditions above and they are
deemed to be in the best interest of KCDA and the member agencies. 3
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H. ERRORS/CORRECTIONS
Any erasures, interlineations or other correction in the bid must be initialed by the person(s) signing the a,
bid. Corrections must be provided within the terms of the vendor response and accepted by KCDA. a
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I. INVOICING
It is understood that invoices issued by the manufacturer/dealer will reflect the shipping date of
materials. It is also understood that actual deliver and install or training at the end user location may be
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delayed from the date of shipment. Subsequently, payment will be made after satisfactory delivery and w
acceptance by the end user of any quantity of merchandise shipped and/or installed. Advance discussion
regarding payment terms on specific projects are recommended where this may occur. Where KCDA
participates in the invoicing process, KCDA reserves the right to withhold payment to a vendor on a a
project until such time payment from the customer has been received.
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Invoices enclosed with merchandise will not be accepted. Invoices shall contain the following Q
information: purchase order number, item number, quantity ordered, quantity shipped, unit price, ;v
extension,terms and sales tax. Payments will be made on original invoicing only. LL
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J. CASH DISCOUNTS/INVOICE PAYMENTS E
Cash discounts are encouraged and cash discount percent and terms may be entered on Attachment B. �0
KCDA will subtract cash discount percentages when comparing bids in all cases where it is deemed 9
probable that KCDA will be able to take advantage of the offered discounts. KCDA will accept terms for CD
as few as 15 days. If the terms portion of the bid is left blank then terms will be assumed to be Net-30 E
days. Please do not enter terms as 100%as this means the merchandise bid is free. N
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KCDA is required, by law,to process invoice payments through the King County Treasurer. Payment
warrants can be issued weekly.The first day for start of terms shall begin with acceptance of delivery or
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installation by the end user or receipt of invoice, whichever is later. Invoices with discounts between 15 E
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and 30 days will be paid within terms and net 30-day invoices will be paid on the first pay date after 30 E
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K. WASHINGTON STATE SALES TAX
Washington State sales taxes are not to be included in any items as part of the bid response, but will be E
added at the time of invoicing.All other taxes, including but not limited to any excise or business and Q
occupation tax must be included in your bid price.The only taxes KCDA will pay upon invoice are the
Washington State Sales tax.
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IV. PRODUCT ACCEPTANCE E
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A. GENERAL POLICY
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The Purchasing Department shall have the right to reject any and all articles that are not in strict
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conformity with requirements and specifications of the bid and the approved samples submitted by the `o
bidder.The bidder must replace all rejected articles promptly with articles of quality equal to the y
specifications or samples submitted and remove rejected articles at his own expense. In the event of
failure on the part of the bidder to promptly replace rejected articles,the Purchasing Department
reserves the right to purchase same on the open market or of declaring the contract void. Any additional N
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costs incurred to procure and distribute replacement product will be charged to the bidder. 3
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V. BID PROTESTS
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A. Who may protest Q
Only actual or potential bidders with a direct economic interest in the outcome may file a bid protest.
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B. What can be protested
Acceptance or rejection of a bid proposal, award or proposed award of a bid, allegedly restrictive
specifications, omission of a required provision, ambiguous or indefinite evaluation factors are all factors x
that can be protested. w
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C. How to file a protest
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Protests may be filed with either the KCDA purchasing agent who issued the bid or with the KCDA a
purchasing manager.
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Protests should include the following information:
1) Include the name, street address, email address,telephone and fax numbers of the protestor or their Q
representative.
2) Be signed by the protestor or its representative. N
3) Identify the solicitation or bid contract number. E
4) Set forth a detailed statement of the legal and factual grounds of protest, including copies of relevant E
documents. 0
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5) Set forth all information establishing that the protester is an interested party for the purpose of filing
a protest. 0
6) Set forth all information establishing the timeliness of the protest. aEi
7) Specifically request a ruling by the KCDA purchasing manager. v
S) State the form of relief requested.
Appeals of protest ruling must be made in the following order: 1) KCDA Purchasing Manager, 2) KCDA
Executive Director 3) KCDA Board of Directors. E
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D. When to protest E
Protests alleging improprieties in a solicitation must be filed before the bid opening time and date if the U
improprieties were apparent prior to that time.A solicitation defect that was not apparent before that Q-
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time must be protested not later than 2 business days after the defect became apparent.
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E. Where to file a protest Q
Protests must be sent to:
KCDA Purchasing Cooperative
PO Box 5550 c
Kent, WA 98064-5550 E
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F. After a protest is filed v
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Upon receipt of a protest, KCDA will acknowledge receipt of the protest in writing either by mail,fax or m
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email.The only time an acknowledgement is not sent will be if the protest is summarily dismissed. `o
Protestors may be contacted for a meeting to review the protest. Within 10 days KCDA will make a y
decision as to the merits of the protest and notify the protestor of the decision and any remedies in the
matter. E
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VI. PRODUCT TOXICITY REPORTS
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A. HAZARDOUS CHEMICAL COMMUNICATION m
In order to comply with WAC 296 62 054, Hazard Communication, all bidders offering products on this
bid that contain any toxic chemicals that may be harmful to the end user, must submit a Material Safety a,
Data Sheet(MSDS) on the State of Washington form as provided by law with the bid. Please list any web a
site address where an MSDS can be obtained.
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Any hazardous material tax must be included in the price of the product bid. KCDA will not be held
responsible for any additional taxes (other than Washington State Sales Tax) and will not pay them if x
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noted as a separate line item on invoices.
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VII. SPECIAL NOTATIONS
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ATTACHMENT A-Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Q
ATTACHMENT B—Terms by Manufacturer
ATTACHMENT C-Special Provisions N
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KCDAPURCHASING COOPERATIVE
-7 18639-80TH Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.org 4)
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INVITATION FOR BIDS Q
BID #21-360 2
Integrated Security Systems & Fire Controls
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Attachment A Y
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ,0
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In submitting the proposal to provide products and/or services as outlined in the bid specifications, we hereby
certify that we have not been suspended or in any way excluded from Federal procurement actions by any 3
Federal agency. We fully understand that, if information contrary to this certification subsequently becomes
available, such evidence may be grounds for non-award or nullification of a bid contract. E
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This certification is required by the regulations implementing Executive Order 12549, Debarment and Q
Suspension, Participant's Responsibilities.
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Signed:
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Title: '
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Firm: a
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Address: E
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City, State, Zip:
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Note: Electronic acceptance of these terms and conditions signifies compliance with above statement.
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Integrated Security Systems & Fire Controls BID# 21-360 E
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ATTACHMENT B p
KCDD,4 Bid name#21-360 Integrated Security Systems&Fire Controls N
PURCHASING COOPERATIVE Terms By Manufacturer
18639-80TH Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402•www.kcda.org Bid Due Date:August 26,2021 On or E
Before 2:00 PM PST LD
Bidder Name: Address:
Phone: Fax: City,State,Zip: 3
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STANDARD BIDDER LEAD TIME FOB DESTINATION:
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TERMS BY MANUFACTURER:Please provide the minimum order required per manufacturer and lead times. SPECIFIC DISCOUNTS:Please provide quoted discounts from the manufacturer's current list prices.It is the �
bidders responsibility to submit updated price lists during the contract year,when the contract allows,otherwise discounts Q
will be taken from the most current on file.The manufacturer must already be present in this bid to be considered.
Discounts must include shipping/freight charges.A current price list and catalog must be provided at the time of bidding. M
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NOTE:DISCOUNTS MAY BE USED IN DETERMINING AWARDS. O
FOB-Freight r
FACTORY-Cost will be extra Z
DESTINATION-Cost is included in discount
Manufacturer Minimum Order Lead Time Discount Amount Discount Detail k
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Ex:ABC Company Inc $1,000 4-6 Weeks 25% 2016 List Price Sheet Destination 'D
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Authorized Agents Signature Date Bid Number Name of Firm Q
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KCDA 0
PURCHAS/NG COOPERAT/VE U
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18639-80th Ave. S. • P.O. Box 5550 • Kent,WA 98064-5550 • Phone 425-251-8115 • Fax 253-395-5402 • www.kcda.org E
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INVITATION FOR BID/REQUEST FOR PROPSAL a
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Integrated Security Systems & Fire Controls w
Bid #21-360 0
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ATTACHMENT C—Special Provisions
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THESE INSTRUCTIONS SUPERCEDE AND TAKE PRECEDENCE OVER ANY OPPOSING Y
LANGUAGE IN THE STANDARD TERMS AND CONDITIONS Lo
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A. SOLICITATION OBJECTIVES 2
KCDA is seeking manufacturers,providers or dealers/distributors to provide current and emerging
Integrated Security Systems &Fire Controls to its members. 3
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Total approximate value of spend for this contract is between$1M to$2.5M. However, KCDA does not E
guarantee any minimum or maximum value or number of orders.
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It is KCDA's intent to establish an annual multi-state contract with the potential of up to three (3) one-year
extensions if mutually agreed between KCDA and the awarded vendor(s). Bidders must be a manufacturer
or a manufacturer's sales representative authorized to provide KCDA Integrated Security Systems & Fire
Controls in Washington, with the preferred ability to service surrounding member states (ex: Oregon, Idaho,
Montana, Alaska). w
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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 a
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 a
any amount without the necessity to prepare their own IFB or gather necessary quotations. L
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Bidders must be an authorized manufacturer, sales representative or service dealer having a local sales, E
service and install presence in Washington State, Oregon, Idaho, Alaska and/or Montana, or is the E
manufacturer of the products proposed. v
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The Bidder must also include a list identifying the states within which they are authorized to sell, service E
and install. If a portion of a state is serviced, bidder must specifically list the portion which is serviced. 2
Bidder can list by county, region, or territory. Bidder must provide the list as a separate document when v
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 E
onsite consultation, needs assessment, installation, integration and training.
It is the intent of KCDA to award a contract, whereas KCDA member agencies the tools necessary for a
Integrated Security Systems &Fire Controls centrally or location by location.
Packet Pg. 64
8.D.b
The scope of this Invitation for Bids (IFB) is to establish a contract for Integrated Security Systems & Fire
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Controls to meet the diverse requirements of KCDA members.
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KCDA recognizes that it is essential to contract with experienced operators, using specialized equipment
with the ability to install quality materials to a high standard.
The types of services and products may include, but are not limited to security consultation, evaluation E
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assessment, surveillance monitoring devices, motion detection, fire detection, access control and human a
intrusion.
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Types of services and products may include, but are not limited to: all cables, close circuits monitors, video E
management and storage, connections, switches, mounting hardware, labor, installation, warranty, maintenance E
agreements, on-site training for up to four(4) employees and applicable licenses. v
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Other products and services that will enhance and add value to this contract will be considered and Y
evaluated at the sole discretion of KCDA. ,o
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Contracts established by KCDA are available for use by all public schools, colleges,universities, cities, E
counties and other government agencies throughout the nation. Participation in KCDA is not required of 2
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 3
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. E
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By conducting this solicitation, KCDA intends to provide savings and to offer its members a choice of a
Integrated Security Systems & Fire Controls at discounted pricing.
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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. w
• Provide government agencies opportunities for greater efficiency and economy in acquiring goods
and services.
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• 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
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purchases and complying with purchasing laws and ethical business practices. a
• Provide competitive price solicitations which meet the procurement laws of our members. LLL
• Secure multi-state volume purchasing contracts which are measurable, cost effective and
continuously exceed our members' expectations.
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• Provide quick and efficient delivery of goods and services by contracting with"high performance E
and quality"vendors who understand our members' needs. V
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B. TIMELINE
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July 21st2021 & July 28th2021 Advertised as Bid#21-360 in DJC Seattle, Oregon v
August 26th, 2021 Bids due no later than 2:00 P.M. PST Q
October 14th, 2021 Award recommendation
October 21', 2021 Board Approval
November 1st, 2021 Contract Start Date
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C. SUBMISSION OF BIDS
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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. E
Bidder is requested to submit either 1) separate price pages for each state being bid or 2)provide a pricing
matrix that shows 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.
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Online submission of bid through Public Purchase is NOT accepted. 2
• 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. 0
• KCDA reserves the right to reject any or all bids and to accept any proposal deemed most E
advantageous to KCDA members and to waive any informality in the bid process. c0�
• Bids shall be submitted as stated in this solicitation. Deviations to any terms, conditions and/or
specifications shall be conspicuously noted in writing by the bidder and shall be included with the Y
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bid. No cross outs or delineations shall be made to the existing document. Exceptions and .0
deviations will be considered in award evaluation. KCDA reserves the right to reject any deviations E
or exceptions stipulated in a bidder response, and may subsequently disqualify such bid if such terms E
are unacceptable to KCDA. Language to the effect that the bidder does not consider this solicitation Cn
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 3
of bids prior to the opening date will be permitted. a
• Addendums if required, will be issued by KCDA through Public Purchase. Addendums will also be
posted on the KCDA website (www.keda.org)under Bid Information. Addendums will not be a,
mailed or e-mailed. It is bidder's responsibility to check for issuance of any Addendums prior to a
submitting a bid. All 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.
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D. BID FORMAT as
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1. Preparation of the Bid Response a
a. The IFB (#21-360) is published in one PDF document on the KCDA Website, it is also
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published on the Public Purchase Website with all required documents and forms posted
separately. a
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• Cover Page indicates the Due date and where to send Bid documents to LL
• Attachment A contains the Debarment Statement (signature required) y
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• Attachment B, includes Terms by Manufacturer(completion required) E
• Attachment C Special Provisions that take precedence; (signature required) E
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• Attachment D Manufacture Product Price List(completion required) V
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• Attachment E2 Service Price Schedule (completion required) a
• Attachment X Deviations and Miscellaneous Fees (signature required) E
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• Company Profile (completion required)
• Responsible Bidder Form (completion required)
• Certification of Compliance (signature required)
b. Bid Forms requiring signatures shall be submitted with original ink signatures, by the
person authorized to sign the bid. Failure to properly sign the bid documents or to make
other notations as indicated will result in the response being deemed non-responsive.
C. Corrections and/or modifications received after the opening time will not be accepted, a
except as authorized by applicable rule, regulation or statute and KCDA.
Packet Pg. 66
8.D.b
d. In case of an error in extension of prices in the bid, unit prices shall govern.
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e. Periods of time, stated as a number of days, shall be in calendar days, not business days.
f. It is the responsibility of all Bidders to examine the entire IFB package, to seek E
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
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will also be considered to be an indicator of the Bidders' ability to follow instructions a
should they receive an award as a result of this solicitation. Any contract between the 2
KCDA and a Bidder requires the delivery of information and data. The quality of w,
organization and writing reflected in the bid will be considered to be an indication of the E
quality of organization and writing which would be prevalent if a contract was awarded. E
As a result, the bid will be evaluated as a sample of data submission. v
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2. Format of Bid Response Y
Bidders shall provide bids in a three ring binder using standard size paper, clearly identified ,o
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 E
sections, as identified below. Responses should be direct, concise, complete and
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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 3
more efficiently and timely by following the required format.
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Tab 1 - Company Profile/Information
• Responses should include a brief introduction informing KCDA of the qualifications and a
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 w
• Certification of Compliance with Wage Payment Statues a,
• 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 E
• Deviations and Miscellaneous Fees—Attachment D a
• Responsible Bidder LL
Tab 3 - Pricing Pages
• Price sheets supplied in IFB. °
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• A listing of products or services which are not listed on the price list which Bidder can E
provide and may be considered as a value add for KCDA member agencies. 0
Note: All pricing must include the 2% service fee to KCDA. c
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Tab 4 - Product Line Brochures and Literature CO
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Tab 5 - Marketing Plan:
• List shows, conferences, show examples of flyers or describe how bidder will market the
KCDA Integrated Security Systems & Fire Controls Bid#21-360 s
Tab 6—Authorized DealersNendor Partners
• Provide letters from each manufacturer stating authorization to deal.
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• List all dealers/vendor partners authorized to utilize this contract through the v Packet Pg. 67
8.D.b
Tab 7-Addendums
The terms of the Agreement Addendum which is attached hereto and incorporated herein shall
govern and supersede any contract terms to the contrary with respect to each procurement. All E
addendums will be made through Public Purchase, and shall be signed and dated and submitted with
bid response.
"CONTRACT DOCUMENTS: KCDA Member Agency will review proposed contract E
documents. Vendor Partner's contract document shall not become part of KCDA Member Agency's a
contract with Vendor Partner unless and until an authorized representative of a KCDA/Member 2
Agency reviews and accepts it.
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E.VENDOR RESPONSIBILITIES v
• 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 Y
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of the contract. 0
• Train and educate sales staff on what the KCDA contract is including pricing, who can order from c
the contract, terms/conditions of the contract and the respective ordering procedures for each state. E
It is expected that the awarded vendor will lead with the KCDA contract. W
• Develop a marketing plan to support the KCDA contract in collaboration with respective KCDA
member agencies. Plan should include,but not be limited to, a website presence, electronic mailings, 3
sales flyers, 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. a,
• Have ongoing communication with the Contract and Procurement Specialist at KCDA and the a
KCDA member agencies.
• 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. w
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F. EQUIPMENT & RELATED PRODUCTS a
1. New Integrated Security Systems & Fire Controls
All Integrated Security Systems & Fire Controls provided under this contract must be new. E
Integrated Security Systems &Fire Controls which have not been used previously and are being a
actively marketed by the manufacturers' authorized dealers.
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All branded Integrated Security Systems & Fire Controls components, spare parts, application c
software, and ancillary equipment supplied under this contract must conform to manufacturer E
specifications and shall be of new manufacture and in current standard production. The awarded 0
vendor is responsible for ensuring that these items are operable and installed in accordance with
manufacturer's specifications.
2
See the Attachment D Manufacture Product and Pricing List for specifications for the product Cl?
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details.
2. Integrated Security Systems & Fire Controls Installation/Removal
a. The installation and/or removal of contract Integrated Security Systems & Fire Controls shall
be performed in a professional manner. The member's premises and equipment shall be left
in a clean condition. The awarded vendor may be required to repair all damage and/or a
Packet Pg. 68
8.D.b
provide full compensation for damage to the member agencies premises and equipment that
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occurred during installation/removal.
b. Personnel in charge of the installation must be available to coordinate installation with E
member agency's 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. Installation crews may be working around students, teachers and general staff. Installation
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may require off hour and weekend work in order to accommodate and complete the project in a
the timeline required by the member agency. The member agency will try to accommodate L
access for installation during schoolibusiness hours; however, any plan that displaces staff,
students or personnel will most likely create disruption to the ordinary daily schedule. After E
hours and weekend installations are preferred and will be so identified in the proposal to the E
member agency. v
d. Project Manager for the awarded vendor shall verify proper installation at multiple and
various times throughout the duration of the installation.
e. Upon successful completion of installation, test system functionality for all possible ,o
scenarios and document all outcomes.
f. Installment requirements (electrical certifications, plumbing certifications, licenses, permits E
etc.). °'
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3. Integrated Security Systems &Fire Controls newly Installed Equipment or Related Product Problems 3
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Member agency will evaluate the performance of newly installed Integrated Security Systems &Fire E
Controls for a 15-day period after installation. If the performance is unsatisfactory, the member W
agency will immediately contact the awarded vendor to pursue corrective action and resolution of a
the problem. Resolution of performance problems may result in:
• Repair or other action to correct the problem including training or modifications made to
member's satisfaction.
• The replacement of the Integrated Security Systems & Fire Controls with another Z
Integrated Security Systems &Fire Controls of the same brand and model, at no w
additional cost(including delivery and installation)to the member agency, or-
• Return of the Integrated Security Systems & Fire Controls with cancellation of the order
at no charge to the member agency. a
4. Integrated Security Systems &Fire Controls Inspection/Testing/Acceptance E
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a. Inspections, tests, measurements, or other acts or functions performed by the member agency a
shall in no manner be construed as relieving the awarded vendor from full compliance with L
contract requirements. At a minimum, an installed piece must demonstrate the capability of v
providing the functions and services specified in the manufacturer's published literature. E
E
5. Integrated Security Systems &Fire Controls Maintenance, Repair and Service v
a. Maintenance, repair and service related to the operation of Integrated Security Systems &
Fire Controls must be provided to member agency. E
b. Excessive Service and Downtime: Integrated Security Systems & Fire Controls including all °'
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components, spare parts, application software, and ancillary equipment supplied through this v
contract shall be capable of continuous operation. Therefore, awarded vendor shall guarantee
that all Integrated Security Systems & Fire Controls will be operational at least 98% of
normal business hours. Integrated Security Systems & Fire Controls 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 a
and a corrective action and resolution will be made in a manner that is best for the member
agency.
Packet Pg. 69
8.D.b
c. In the event that the performance of maintenance services under the contract results in a need
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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, E
remanufactured, or surplus items without prior written authorization of the member agency.
d. Awarded vendor must guarantee the availability of repair parts for a minimum of five (5)
years subsequent to member agencies acceptance of the contracted Integrated Security
Systems & Fire Controls.
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6. Integrated Security Systems & Fire Controls Relocation/Transfer L
a. Member agencies shall be afforded the option to relocate/transfer contract Integrated Security
Systems & Fire Controls from one member location to another member location as deemed E
necessary with no change to agreement or maintenance plans. If self-moves are an option, the E
awarded vendor must be notified prior to relocating or transferring. The member agency will v
be responsible for repairs required for damage that occurred during self-moves.
b. Alternately member agencies may elect to have the awarded vendor relocate/transfer the Y
Integrated Security Systems &Fire Controls. The awarded vendor is responsible for repairs ,o
required following such relocation/transfer. Relocation/transfer of Integrated Security
Systems &Fire Controls must be coordinated with member agency contact personnel E
responsible for the contract. 2
7. Integrated Security Systems & Fire Controls New products and/or Services 3
Integrated Security Systems & Fire Controls must meet the scope of work to be added to the
contract. Pricing shall be equivalent to the percentage discount for other products. Awarded vendor E
may replace or add product lines to an existing contract if the line is replacing or supplementing W
products on contract, is equal or superior to the original products offered, is discounted in a similar a
or to a greater degree, if it is within the same awarded manufacturer and if the products meets the
requirements of the solicitation. No products may be added to avoid competitive procurement
requirements. KCDA may require additions to be submitted with documentation from KCDA -,
members demonstrating an interest in, or a potential requirement for, the new product or service. Z
KCDA may reject anyadditions without cause. w
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8. Integrated Security Systems & Fire Controls Discontinued Products
If a product or model is discontinued by the manufacturer, awarded vendor may substitute a new a
product or model if the replacement product meets or exceeds the specifications and performance of
the discontinued model, it is within the awarded manufacturer and if the discount is the same or E
greater than the discontinued model. a
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NOTE: Listing the above specifications shall in no way relieve the awarded vendor from the y
responsibility to follow proper code and regulations. c
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G. TRAINING& SUPPORT o
If applicable,please state specifically the amount of training which will be provided at no charge. Then list N
the charge per hour of additional training if applicable (see Bid Sheet). E
a. If specified by the member agency, staff in-service shall be offered following the a,
installation. Training needs must be quantified and specified by the member agency. v
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 U_
and some may incur charges. Please outline your training philosophy and related pricing
structure. s
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. a
Packet Pg. 70
8.D.b
H. PUBLIC WORKS LANGUAGE
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The Vendor agrees that, in performance of the services required under this agreement, Vendor shall abide E
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.
E
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• Public Works: a
State of Washington statute requires workers be paid prevailing wages when employed on public
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works 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 E
regulations regarding payment of prevailing wages on public works projects. Prevailing Wages are E
established by the Washington State Department of Labor and Industries and can be obtained on the v
web at hqp://www.lni.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 Y
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all counties in Washington State. The County in which the project is located will be identified once %0
a member initiates a 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 E
extensions are granted, the prevailing wage rate in affect at the time of the latest extension.
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Application: The Public Works Act regulates wages paid to workers, laborers and mechanics 3
performing public work. It does not apply to work that is clerical, executive administrative or
professional in nature. It does not apply to work of a secretary, engineer or administrator, unless E
they are performing construction work, alteration work, repair work, etc. Prevailing wage
application depends on the work that is performed, regardless of the worker's job title. (RCW a
39.12.020 and WAC 296-128-510 through 530)
0
De inition:
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, w
remodeling, renovation, road construction, building construction, ferry construction and utilities
construction. (RCW 39.04.010) 2
a
Public Building Service Maintenance Contracts: Prevailing wages are also required on all public
building service maintenance (janitorial) contracts. (RCW 39.12.020) E
a
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 y
and the listing of structural installation and rebar installation subcontractors within 48 hours c
of bid submission, and submit this information with bid documents in order for the bid to be E
E
responsive. (RCW 39.30.060). Such projects also have special considerations pertaining to use of v
apprentices (RCW 39.04.310, RCW 39.04.320, and RCW 39.04.350)
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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 not apply to public works procured pursuant to RCW 39.04.155, 39.04.280 or
other procurement exempt from competitive bidding.
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• Prevailing Wage:
Definition: Prevailing Wage is the hourly wage, usual benefits and overtime,paid in the largest city a
in each county, to the majority of workers, laborers and mechanics. The rate is establishe 1— the
Packet Pg. 71
8.D.b
Department of Labor and Industries for each trade and occupation employed in the performance of
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public work. If Federal funds are used,bidders must comply with provisions of Davis-Bacon Act.
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Basic procedures: A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must
be filed and approved for the contractor and all subcontractors. No payments can be made until all
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.
E
(RCW 39.12.030, 040, 042) Once the work is successfully completed, KCDA will release 95% of a
the project cost and withhold 5%retainage for 45 days as dictated by law. The final 5%will be paid 2
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 E
the Department of Revenue, and acceptance of project completion to the satisfaction of the KCDA E
ordering member. The cost of filing required Intents and Affidavits is the responsibility of the 0
Contractor, and may not be added as a line item charged to the member agency. All Intents c
and Affidavits must name the anency for whom work is being performed as the contract award
agency, not KCDA. ,0
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Federally Funded Projects: In addition to the Federal Requirements of Section III, Housing and E
Urban Development(HUD) Terms and Conditions, Davis-Bacon prevailing wage requirements 2
apply to public works construction contracts of$2000 or more when a project includes any federal
funding of any amount. When there is a difference between applicable state and federal prevailing 3
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 E
at http://www.wdol.gov/. Contractors/Subcontractors must be knowledgeable and adhere to all
federal prevailing wage requirements, including but not limited to paying workers weekly and a
providing certified weekly payrolls for the contractor 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 to civil or criminal
prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code. Z
Contractor shall inform all subcontractors of the Davis-Bacon requirements and the prime contractor w
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
• Responsible Bidder E2
Before award, the bidder must meet the following state responsibility criteria and, if applicable, a
supplemental responsibility criteria to be considered a responsible bidder. The bidder is required to 2
submit documentation demonstrating compliance with the criteria. y
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Low Responsible Bidder E
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A. State Responsibility Criteria. The Bidder must meet the following state responsibility criteria: 0
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1. At the time of bid submittal, have a current certification of registration in compliance
with chapter 18.27 RCW. 0
2. Have a current Washington State Unified Business Identifier(UBI)number. 2
3. Not be disqualified from bidding on any public works contract under RCW 39.06.010
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or 39.12.065(3).
4. If applicable:
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 Q
c. Have a Washington State Department of Revenue state excise tax registration
Packet Pg. 72
8.D.b
number, as required in Title 82 RCW.
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5. New bidder requirement. Certify that within the three-year period immediately preceding
the bid solicitation date: E
a)
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.
b. As determined by a final and binding citation and notice of assessment issued
by the department of labor and industries or through a civil judgement entered by
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a court of limited or gemjurisdiction. a
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c. As of July 1, 2019, WA Labor and Industries has required all businesses to have public
works training before bidding and/or performing work on public works projects. This E
training requirement has been added to the responsible bidder criteria in RCW 39.04.350 and E
RCW 39.06.020. Awarding agencies are required to verify all contractors submitting bids v
meet this requirement before awarding the contract.
6. At the time of bid submittal, provide signed sworn statement in accordance with RCW Y
9A.72.085 verifying in under penally or perjury that the bidder is in compliance with the new ,o
responsible bidder criteria requirement.
7. Supplemental Bidder Responsibility Criteria. If supplemental criteria apply to this project, E
the criteria are included as "Exhibit A."The Bidder may make a written request to modify
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any or all of the supplemental criteria. Modification of supplemental criteria shall be at
KCDA's discretion. Any modifications to the supplemental criteria shall be made by 3
addenda prior to bid opening.
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Subcontractor Responsibility
The contractor shall include the language of this section in each of its first tier subcontracts, and shall a
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. 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 meets the following bidder responsibility criteria: Z
1. At the time of bid submittal, have a current certification of registration in compliance w
with chapter 18.27 RCW. '
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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 or a
39.12.065(3).
4. If applicable: E
a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's a
employees working in Washington State, as required in Title 51 RCW; 2
b. Have a Washington State Employment Security Department number, as required -
in Title 50 RCW; and c
c. Have a Washington State Department of Revenue state excise tax registration E
number, as required in Title 82 RCW v
5. Have an electrical contractor license, if required by Chapter 19.28 RCW;
6. Have an elevator contractor license, if required by Chapter 70.87 RCW; E
2
Bonds-Payment& Performance: Cl?
v
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 contracts of one
hundred fifty thousand($150,000) dollars or less. In this instance, at the option of the Contractor, the E
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 and the
Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever a
is later. The bond shall be issued by a surety company authorized to do business in the State of Washinfton
Packet Pg. 73
8.D.b
and shall be on standard forms used for public projects (RCW 39.08.010) and as directed by the KCDA
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member.
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• Performance and Payment bonds for KCDA members outside Washington must be provided by v
companies licensed to provide bonds for public entities in the member's state.
Licenses E
The prime contractor shall possess and maintain in current status all federal, state, and local licenses, bonds, a
and permits required for the performance and delivery of any and all products and services offered in its
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response to the bid solicitation. Before submitting a bid, Bidders must hold a current, valid contractor's
license as required in Washington. The contractor's license must be in the name of the legal entity 0
submitting and signing the bid. A Bidder may not substitute a contractor's license held by a subcontractor E
or joint venture. Bidders submitting bids in Washington State without a valid contractor's license in the v
name of the Bidder are in violation of RCW 18.27.020. c
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It is the responsibility of the prime contractor to ensure any subcontractors performing under this ,0
contract hold and maintain appropriate licenses.
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KCDA reserves the right to request copies of licenses at any time during the contract. Copies of
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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 3
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 E
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
a contract. The contractor must verify the responsibility of all subcontractors used in accordance
with RCW 39.06.020.
• Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the
responsibility of the successful Contractor/Bidder. w
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• Certificate of Insurance: A certificate of insurance demonstrating current coverage of the types 2
and amounts of insurance required by KCDA and the KCDA member must be provided to the a
KCDA member prior 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
E
policies must be further endorsed to provide that the insurance is primary as respects KCDA and the a
KCDA member, and that any other insurance maintained by KCDA and the KCDA member shall be L
excess and not contributing insurance with the Contractor's insurance. These endorsements must be v
provided along with the certificate of insurance. The KCDA member must both approve the E
certificate of insurance and endorsements. E
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• Acceptable Pricing Method:
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KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, E
(i.e. sole source) in which KCDA and Vendor may mutually determine the Alternative Costing 2
Method is acceptable. This will be the exception rather than the rule. RS Means or line item bid
pricing is acceptable. U-
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• Progress Payments: E
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 Q
instructions herein. Submitted Payment Requests must contain the following minimum information:
a. Contract Number
Packet Pg. 74
8.D.b
b. Bid item ID, bid quantity, unit, unit price and description as appropriate
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c. Sales Tax as applicable
The Payment Request will be reviewed by the Member before payment is made. If the Member is in E
disagreement with the Payment Request, KCDA will issue a notice requesting a revised Payment
Request.
KCDA at its discretion reserves the right to withhold payment on a given project, pending receipt E
> g P Y g P J � P g P �
of payment from the customer. a
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In accordance with RCW 51.12.050, KCDA reserves the right to deduct from the payment any w,
outstanding industrial insurance premiums owed by the Contractor or Subcontractors. E
E
• Payment Retainage: 0
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 Y
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reserved in one of two ways: ,0
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, E
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 3
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 E
contract has been accepted as complete or upon receipt of all necessary releases,
whichever is later. a
b. Option of providingretainage tainage bond for the full amount of the retainage (5% of the
contract amount with a performance bond). This bond is separate from the
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 Z
must be submitted. X
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• FORCE MAJEURE 2
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Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default a
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 E
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or responsibility of the party affected and occurs without its fault or negligence, including, but not a
limited to the following: acts of God; acts of the public enemy; war; riots; strikes; industry-wide L
labor disputes; civil disorders; fire; flood; snow; earthquakes; tornadoes or violent winds; hail y
storms; lockouts; injunctions-intervention-acts, or failures or refusals to act by government authority; E
and other similar occurrences beyond the control or responsibility of the party declaring force E
majeure, which such party is unable to prevent by exercising reasonable diligence. The force c0
majeure shall be deemed to commence when the party declaring it notifies the other party of the
existence of the force majeure, and shall be deemed to continue as long as the results or effects of the E
force majeure prevent the party from resuming performance in accordance with the contract. The 2
party receiving the notice of force majeure may contest the declaration of a force majeure. Force co
majeure shall not include late deliveries of equipment or materials caused by congestion at a
manufacturer's 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 E
party shall notify the other party in writing of such delay within forty-eight(48)hours.
a
Packet Pg. 75
8.D.b
I. PRICING
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IFB - The bidder shall submit pricing on the Pricing Pages included or on Attachment B in this IFB.
Vendor bid pricing shall include a 2% administrative fee on all line items and charges. The E
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 to the member agency. Pricing must include the 2%
KCDA service fee so the service fee is invisible to KCDA members.
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For all Integrated Security Systems &Fire Controls pricing may be by line item or discount off a
manufacturer price list(Attachment B). Accessories and materials may be from other manufacturers or
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sources but must be identified and 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. G
Respondents will choose only one pricing method to be used per manufacturer. Alternative pricing methods E
shall be addressed in Attachment B. Proposals received that provide both for a single manufacturer will be v
found non-responsive.
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Fixed prices shall be firm until each anniversary date of contract,unless there is an occurrence of one or ,0
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 E
documented request for price adjustment to KCDA. The documentation must substantiate that any 2
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. 3
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KCDA will review requests for fixed price adjustments to determine if the new prices or another option is in E
member agencies' best interests. If accepted, new fixed prices shall apply to the contract upon approval 4
from KCDA. Price changes shall be a factor in contract renewal. a
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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 w
product at one time and the awarded vendor agrees to provide an additional discount, that same volume
discount would be available to any KCDA member agency.) 2
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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- E
by-case basis at the time the order is placed. Any additional cost(s) are to be priced by methods designated a
under"Options", or by RS Means, as indicated in bidder's response to this solicitation. 2
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Warranty: Describe the warranties that apply to the products offered in the IFB response and when warranty o
date will commence. Identify any website links that cover warranty information. The manufacturer has E
the primary responsibility to honor a manufacturer' warranty. Awarded vendor agrees to assist the member v
agency reach a solution in a dispute with the manufacturer over a warranty's terms. Any extended
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manufacturer's warranty will be passed on to the member agencies. List any pricing applicable to E
warranties in Attachment D of the UP response. co
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Q
Risk of Loss or Damage: Awarded vendor shall retain title and control of all goods until they are delivered
and received. All risk of transportation and all related charges shall be the responsibility of the awarded
vendor. The awarded vendor shall file all claims for visible or concealed damage. The member agency will E
notify the awarded 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 a
will be accepted.
Packet Pg. 76
8.D.b
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Taxes: Member agencies, who have obtained Integrated Security Systems & Fire Controls under the terms
of this contract, will be responsible for payment of all taxes related to acquisition of the Integrated Security E
Systems &Fire Controls such as sales tax,property tax, etc. Awarded vendor must separately list all such
taxes on member proposal and subsequent invoice.
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J. OPERATING LEASES
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1. KCDA members may obtain contracted Integrated Security Systems &Fire Controls through an ii
operating lease at rate(s) established in the contract if available (no ownership of the machines, c
equipment and related products, is allowed at the end of the lease period). E
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Cancellation of lease agreements can only occur by the member agency in the case where the vendor
partner fails to maintain the Integrated Security Systems &Fire Controls, or if the member is no Y
longer able to finance the remaining term of the lease. Such cancellation shall be permitted, without `o
penalty to the member agency with a thirty-day written notification to the vendor partner. N
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2. For each Integrated Security Systems &Fire Controls respondents are to identify a single percentage E
to be applied to the manufacturer's list price operating lease rates for 36 months, 48 months, and 60 Cn
month terms. These percentages must be held firm and fixed during the term of the contract, except 3
as may otherwise allowed elsewhere in this solicitation.
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3. With a member agencies minimum 30-day written notice prior to the end of the operating lease
agreement, the vendor partner shall remove any Integrated Security Systems & Fire Controls at no
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additional cost to the member agency. Member agencies shall not purchase any Integrated Security
Systems &Fire Controls at the end of the term of the operating lease. Should the member agency be o
asked to sign an operating lease agreement by the vendor partner, any conflicts between the
provisions of the vendor's lease agreement and the terms and conditions of this contract shall be
resolved in favor of what is most beneficial to the member agency. x
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4. All operating lease totals must include the 2% service fee to be paid to KCDA. This fee must be paid
to KCDA at the beginning of lease period. Alternate process for fee calculation and payment may be a,
proposed and is subject to approval by KCDA.
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K. STANDARD LEASES
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1. Under standard leases, KCDA member agencies may have the option to acquire any Integrated c
Security Systems &Fire Controls specified in the contract(i.e. ownership of machines, equipment E
and related products will transfer to the member at the end of the lease period). Standard lease rates) E
must be established in the IFB response if available. Unless otherwise stated in the IFB response the N
Purchase price(s) shall be used to determine standard lease rates.
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2
2. Cancellation of lease agreements can only occur by the member agency in the case where the vendor Cl?
partner fails to maintain the Integrated Security Systems & Fire Controls, or if the member agency Q
is no longer able to finance the remaining term of the lease. Such cancellation shall be permitted,
without penalty to the member agency, with a thirty-day written notification to the vendor partner. a
E
s
3. All standard lease totals must include the 2% service fee to be paid to KCDA. This fee must be paid
to KCDA at the beginning of the lease period. Alternate process for fee calculation and payment Q
may be proposed and is subject to approval of KCDA.
Packet Pg. 77
8.D.b
L. FUNDING OUT CLAUSE
r
Any acquisition agreement with a KCDA member agency that exceeds one (1)year shall include a standard
"funding out" clause. Such an acquisition is a commitment of the entity's current revenue only,provided E
the agreement contains either or both of the following provisions:
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 efforts attempt by the entity to obtain appropriate funds for payment of the
E
acquisition. a
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M. AUTHORIZED DEALERSNENDOR PARTNERS
The bidder must secure from the manufacturer, if the bidder is not the manufacturer, a written guarantee E
executed by the manufacturer that the bidder is an authorized dealer of that manufacturer. This can be E
submitted as a Manufacturers Guarantee/Manufacturers Certificate, or a statement on the manufacturer's v
letterhead with corporate acknowledgement. Failure to provide will result in award disqualification for that c
manufacturer.
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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 E
partners for Integrated Security Systems & Fire Controls, however the awarded vendor shall be responsible 2
for the actual job performance of each and every authorized dealer/vendor partner. This includes, but is not
limited to proper ordering process and reporting, or submittal of 2% service fee. Unresolved problems with 3
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.
a
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.
Z
During the contract period, the awarded vendor or purchasing agent may remove an authorized w
dealer/vendor 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 the contract provided; a
• 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 E
proposed change; a
• It clearly identifies the authorized dealers/vendor partners involved in the change; LLL
It is accompanied by documentation acceptable to the Purchasing Agent sufficient to warrant the change.
0
E
N. AWARD E
1. Evaluation 0
It is the intent of KCDA to award a manufacturer's complete line of products based on the c
specifications provided when possible and advantageous. KCDA expects to award to the lowest E
responsive and responsible bidder per unique manufacturer specifications that meet IFB terms, co
conditions, and criteria specified. An award is at the sole discretion of KCDA. KCDA reserves the Q
right to reject any or all proposals, accept the proposal(s)that are deemed most advantageous for U-
KCDA member agencies, and waive any irregularities in the solicitation process. c
as
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Awarded vendors will be required to turn in updated specifications for the manufacturers awarded.
a
Packet Pg. 78
8.D.b
The following criteria will be used in evaluating responses to this IFB. An award is anticipated to be
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made to a bidder with the highest rating per manufacturer product line. Subsequently, multiple
awards may be made. E
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Evaluation Criteria and Weight
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Proper submission of proposal 10
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Comprehensiveness of product and 10 L
services provided ii
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Related Experience 15 0
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Pricing 50 E
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Presentation of full and complete C)
product offering that can meet 15 a�i
variety of member agencies 1
requirement /timeline. `o
TOTAL POSSIBLE POINTS 100 y
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Clarification and/or Discussions M
Clarification of a response may be necessary. KCDA will communicate with the bidder(s) for the purpose 3
of eliminating minor errors, clerical errors, and/or irregularities. Clarification is accomplished by
explanation or substantiation, either in response to an inquiry from KCDA or an inquiry initiated by a
bidder. Clarification does not give a bidder the opportunity to revise, change or modify their response in
any way. Discussion takes place after the initial receipt of proposals. KCDA reserves the right to conduct a
discussions with bidders whose responses are determined to be reasonably inclined toward receiving a
contract award. Discussion may occur when oral or written communications between KCDA and the bidder o
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 same level of other responses received by
KCDA. Further, KCDA will make no indication of pricing or other information received from other
bidders. w
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 unacceptable and will not receive further consideration. E
L
0. ORDER PROCESS & REPORTING a
a�
1. The awarded Vendor must verify the Vendor's customer is a KCDA member. A current list of LL
members is posted on the KCDA website under KCDA membership. If the Vendor's customer is not
posted on the KCDA website, the Vendor must verify with the KCDA Purchasing Agent the member is E
valid. If the customer is not valid, the Purchasing Agent will determine if the customer can participate E
in the KCDA contract and contact the Vendor's customer to give them instructions on the paperwork 0
which needs to be submitted. c
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E
2. The awarded vendor will submit a signed and dated proposal or quote to a KCDA member in
accordance with the pricing awarded under this bid. All pricing must include the KCDA 2% service Q
fee as a part of the price to the customer. Do not list the 2% as a separate line item. U-
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Pricing may be reduced for large sites, volume purchases, or special conditions, but may not exceed bid E
pricing. If reductions are offered to one agency, such reductions must also be available to any other
agency with the same circumstances. It is anticipated that pricing would be lowered if a member a
agency's location allowed for a significantly lower prevailing wage rate used in calculating bid pricing,
providing the contractor to submit a competitive market proposal to the member. Packet Pg. 79
8.D.b
3. The Vendor's proposal to the KCDA member must specifically state the KCDA bid name &number,
and identify the contact name, e-mail address and phone# for the person responsible for approving the
work. This information is critical and if not provided may be grounds for delaying the approval of the E
order.
Q.
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4. KCDA members may have specific ordering requirements to meet their individual policies and
procedures, such as requiring certificates of insurance or performance bonds, approval processes, etc.
�
Vendor is required to determine what those requirements might be and conform to such procedures. a
Questions pertaining to the scope of covered services should be directed to KCDA. L
U_
5. KCDA members PO must be made out to KCDA. E
E
6. The vendor will e-mail KCDA a copy of the proposal submitted to the member and the member's
PO. KCDA will review and approve the order via e-mail within 48 hours,provided that adequate c
information has been given to verify that contract pricing has been applied and proposal is within
scope of the contract. Additional information may be requested if needed. Failure to provide .0
adequate information may result in delay of approval.
7. KCDA will create Purchase Order to the vendor authorizing the vendor to proceed with the order. E
8. A copy will be kept on file at KCDA. 2
9. Services must not commence using the KCDA contract without a Purchase Order from KCDA.
10. Orders processed against this contract with Vendor customers who are not KCDA members or 3
without a purchase order from KCDA are in violation of the contract. Vendors not following proper
procedures may be removed from consideration for future awards.
a�
L
KCDA reserves the right to revise the ordering process above at their sole discretion if deemed necessary a
for contract management or audit purposes. An implementation for change will be coordinated with the
vendor.
P. CHRISTIAN DOCTRINE Any federal, state and local governing authority's/jurisdiction's statutes, x
LU
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 a
investigation required to make themselves aware of and comply with this item.
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Signature
Must be same signature that appears on Bid Affidavit and Acceptance Forms _
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Packet Pg. 80
#15.415 SPORTS FIELD DRAINAGE SYSTEMS-PRICE LIST
King County Directors'Association
Integrated Security Systems&fire Controls Price List#21-360
L
Bid Price Sheet 0
N
C
N
KCDA is requesting identification of product types and pricing if non-inclusive from the list of categories below. E
Please provide a price list with product types,applicable discounts&discount identifiers on either a disc or thumb drive with your bid response. N
t
NOTE:Additional line items may be inserted and added as needed to provide a full offering of product and services.Please review the sample product type responses listed below. 3
c
Does your Net Price
Product Types&Categories Unit of Measure organization supply o MFG List Exceptions to m
List Price Discount /o (with KCDA Additional information(with description) (hr,unit,$etc..) these services-yes or Price service fee) Specification m
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Access Control System
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Fire Sprinkler System
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Fire System
ACCESSORIES K
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Video Security Camera
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CL
Surveillance Camera
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Copper Cabling CAT6 Q
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Software
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Charging Components E
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Cable Trays
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Data Drops
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Cable Ties
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Magnetic Locks E
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Proximity Card Readers Q
Pagel Packet Pg. 81
#15.415 SPORTS FIELD DRAINAGE SYSTEMS-PRICE LIST
Card Readers
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Egress Switches ,o
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Controller W
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Battery Backup N
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Data Storage 1TB 3
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Glass Break Dectectors E
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Valve Temper Switch
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Fire Panel M
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Audio Alarm
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Visual Alarm x
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am
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Paget Packet Pg. 82
8.D.b
Attachment E2-Services Price Schedule
KCDA-Bid#21-360 Integrated Security Systems&Fire Controls i
NOTE: If your company provides any of the services listed below,please complete the price schedule. 0
If services are not documented in pricing pages,fees must be justified by using RS Means. N
yi Discounted Price or Mileage Charges(if *Additional Discount on Large Projects:
y Description Regular Price or Rates Per Diem Charges (if any)
Rates any) Y/N E
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01
to
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3
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Discounted Price or Mileage Charges(if *Additional Discount on Large Projects: E
O Description Regular Price or Rates Rates Per Diem Charges(if any) any) Y/N d
_O 'n i
ra Q
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Q
Discounted Price or Mileage Charges(if *Additional Discount on Large Projects:
Description Regular Price or Rates Rates Per Diem Charges(if any) any) Y/N
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Ex:Follow up training(must price) LV
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`^ Discounted Price or Mileage Charges(if *Additional Discount on Large Projects:
O Description Regular Price or Rates Per Diem Charges(if any) an E
Rates y) Y/N i
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*Please detail additional discounts on large projects. G
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E
MISCELLANEOUS FEES C
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 N
or each manufacturer.
C
N
Performance Bond: $ E
Shipping: $
d
Lift Gate Fee when required $ or RS Means
Rental Scaffolding/Lifts $ or RS Means Q
Raceways $ or RS Means LL
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C
FUTURE DELIVERIES N
On occasion,KCDA Members will place orders near the end of the contract period for delivery after the contract period has expired. E
Will your company honor orders placed during the contract period for future delivery? S
No Yes_Yes,but only if delivered before
Q
Packet Pg. 83
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees 0
U
Q.
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1. Product Category Specific Specifications
Bidders must check either the"Comply" or"Deviate"column for each inspection item. All
deviations shall be noted and explained below. Form X-Authorized signature required. Q
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Item Description Tier One Comply Deviate LL
w
1.1 The Member Agency will have access to a full 0
inventory of the awarded product line;multi- E
line vendors must inventory at least the o
majority of categories listed in the bid. v
c
1.2 Awarded vendor(s) shall maintain a minimum Y
monthly overall average fill rate of 95%or o
above. Line items that are reordered,
backordered, or partially filled are not d
considered filled line items when calculating 2
this service level. W
z
1.3 Orders must be shipped within 48 hours after 3
receipt of an order 90%of the time. The c
awarded vendor(s)will notify the Buyer if E
product ordered cannot be shipped within this
time period to provide the opportunity to secure Q
product elsewhere.
M
1.4 Awarded vendor(s)must be a manufacturer's
authorized sales and service dealer for all
proposed equipment/software. An authorized
sales and service dealer is defined in this
solicitation as one purchasing their products for w
resell directly from the manufacturer(s)or the
manufacturer's approved channels. Products
that result from new authorized sales and a
service dealer arrangements between the
awarded vendor(s)and the manufacturer during E
cc
the term of this contract may be added and a
offered through the KCDA contract.
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Page 1 of 12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 84
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees 0
U
Q.
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1. Product Category Specific Specifications (Cont.)
Bidders must check either the"Comply" or"Deviate"column for each inspection item. All
deviations shall be noted and explained below. Form X-Authorized signature required. Q
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Item Description Tier One Comply Deviate w
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1.5 All charges and components necessary for E
performance of the contract shall be clearly E
identified even if such are not specifically c�
addressed in any paragraph or sub-paragraph or
form that is a part of this request. 1
L
1.6 If the awarded vendor(s)intends to utilize °
independent agents/distributors, subcontractors
and/or third-party agents to perform and/or E
provide any part of the products and services 2
offered herein,the awarded vendor(s) must
identify all providers and any and all associated 3
costs with these providers. c
1.7 Optional services must be identified separately, E
E
and must include clear descriptions of proposed i
services.
Q
1.8 Awarded vendor(s)must provide a product or
mix of products in a manner that will allow c
Buyers to migrate to emerging
technologies/services.
1.9 Awarded vendor(s)must be able to supply z
paper catalogs where requested. The catalog w
shall have a cover label indicating that the
catalog's contents are available through the
participating Member Agency and the KCDA a
contract. The label shall identify the KCDA
contract number,discount level(s) and any E
special ordering instructions.
1.10 Packing slips shall accompany all deliveries and
shall contain Member Agency's purchase order ii
number,vendor name and name of article.
Cartons shall be identified by purchase order °
number and vendor name. E
1.11 Orders not filled and partials shall be indicated v
on the packing list. Awarded vendor(s) shall us
c
inform member agency of anticipated d
availability date for unfilled and partial orders. aEi
1.12 All products sold by the awarded vendor(s) Cl?
must be new. Only the newest versions of
software and equipment will be bid. Older
versions will only be sold, if specifically
re uested. E
Page 2of12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 85
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees 0
U
Q.
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1.13 Products that have a 30/60/90 day money back
guarantee will be clearly identified in the
L
catalog and on the web site(if applicable), and Q
in everybid provided to members. L_
1.14 Awarded vendor(s) must maintain a toll free w
technical support line open 8 a.m. Pacific Time c
zone until 5 p.m., Pacific Time zone, Monday E
through Friday. Calls must be answered by a live C
US technician. v
1.15 If the Awarded vendor(s)makes an error in
pricing(typographical or photographic error, Y
for example),the Buyer reserves the right to °
return the product. The Awarded vendor(s)
agrees to pay for cost of any returned product E
due to a pricing error. °'
in
1.16 Awarded vendor(s) shall provide a Material
Safety Data Sheet(MSDS) for all items sold,if 3
required. A separate sheet shall be provided for c
each individual item when purchase is made. E
E
1.17 Awarded vendor(s) shall reference item part i
numbers for all items on quotes for specific a
work.
1.18 Awarded vendor(s)provide site survey, c
analysis, consultation and recommendation to
member to enhance the safety and security of
facility,employees and students. z
1.19 Does vendor have workable e-commerce w
website that they can post the KCDA contract
line items(without prices)and provide link for
KCDA web a e?
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2. Services I Site Survey,Analysis,Consultation,Installation,Maintenance
Bidders must check either the"Comply" or"Deviate"column for each inspection item. All y
deviations shall be noted and explained below. Form X-Authorized signature required. c
E
E
Description Tier Two Comply Deviate v
2.1 Access control system, surveillance camera
installation,maintenance services at facilities. d
E
Access control and camera installation and d
services shall be ordered on an as needed basis CO
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throughout the term of the contract.All
proposals shall integrate with new or existing
fire system. This price quotation will be for a
turn-key operation which will include all E
cabling, software,testing, and installation.
Page 3of12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 86
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees °'
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Q.
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2.2 Units must be a new,unused model and current
E
production.No reconditioned or used equipment
will be accepted except as specifically requested a
herein. All equipment and accessories cataloged L_
as standard shall be included as part of this U_
specification.Whenever an article or material is c
defined by describing a proprietary product or by E
using the name of a manufacturer,the term"or C
equal"if not inserted shall be implied. The v
specified article or material shall be understood
as indicating the type, function,minimum Y
standard of design, efficiency and quality desired •°
and shall not be constructed as to exclude other
manufactured products of comparable quality, E
E
design and efficiency. In the event that any 2
equivalent version is proposed,prospective z
bidders are herewith advised that precise, 3
adequate, and documented evidence of
equivalency in performance, stability,and
E
operational efficiency should be submitted with
the bid for further consideration. Final a,
determination of equivalency will be determined a
solely by KCDA
• Vendor will provide Turnkey installation
• Provide new panel patch cables of desirable
length and color Z
z
• All data drops are to be labeled at the patch w
panel and at the cable termination
• All data copper cabling will be CAT 6
plenum-rated
• All cabling to be run in provided cable trays
above ceiling tiles E
• All like cabling should be bundled together
every four feet with approved cable ties Q
m
2.3 • Magnetic Locks and Access Control U_
System must be web-based. Vendor will
recommend, install, and configure E
proximity card readers. Vendor will also E
train KCDA member personnel on how to C
0
use proximity card readers.
• All lock specifications and installations E
must be performed by a qualified, a)
professional locksmith.
• After installation, the proposed controller v
Q
will operate magnetically locked doors '_
with crash bars. c
• Electronic/mechanical locks shall be used E
when possible. csi
Page 4 of 12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 87
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees 0
U
Q.
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• Vendor is responsible for complete
installation including running cables,
E
programming system, installing magnetic Q
lock, card readers, egress buttons, and L
integration with fire and alarm system. _
• Vendor must recommend, install, and c
configure software for the building access E
system to accommodate all employees, all 0
magnetic locks, and multiple work day
schedules. Vendor is also responsible for
training of designated personnel on new Y
software program. Vendor must provide a •0
minimum of 8 hours of training to operate c
the new controller which will include E
E
adding and removing cards users, °'
modifying work schedules, etc. Vendor z
must give recommendations if server 3
upgrade is needed or what server needs is
require for software.
E
• Vendor is responsible of removing any m
existing equipment and components if they Q
are not used.
• System installation shall be specified, in
accordance with the manufacturer's I*
recommendations, and pursuant to all
applicable federal, state and local code, Z
safety, and other rules, regulations, and =
x
w
laws.
• Electric transfer hinges shall be used when
possible
• All locks shall be fail secure when possible
• The doors shall be as secure or more secure E
after the access control system is installed.
• Acquisition of all required permits and Q
m
inspections shall be the responsibility of the U`—_
selected vendor.
• In case of power outage magnetic doors E
must unlock. Vendor must give a solution E
in case an outage lasts more than 30 0
0
minutes during non-business hours.
• Battery backup to be supplied at each E
ma netic door and/proximity and/proximity card reader a)
2.4 • Security Camera Surveillance System must
be controlled from either Digital Video Q
Recorder unit and web-based (both onsite
and offsite). Web-based software needs to
be web-browser agnostic. Need ability to E
control the cameras and recordingcsi
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Page 5of12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 88
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees 0
U
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capability.
• E If needed,provide new computer and LCD
monitor to use for surveillance system. Q
• Video cameras should be priced per unit 2
and weather proof casing should be priced -
per unit. . c
• Vendor is required to visit with purchaser E
to propose a solution or suggestions where C
cameras are best located. v
• Vendor must install recording equipment Y
for installed video cameras in computer
server room or location to be determined by °
purchaser. c
• Vendor must install/create connectivity E
between video cameras and video 2
recording equipment z
• The recording device should be equipped 3
with complete motion detection and a CD-
RW burner to save events and have DVD E
burner options
m
• Need ability to view video footage on a
mobile devices.Also need ability to view a
live video feed as well as ability to review oM,
video recordings on any camera.
• All cables need to be labeled at both source
and destination.
z
• All cameras should be labeled according to w
end userspecifications
m
2.5 System should have at least 1 TB of storage
capacity with option to added external hard a�
drives for additional capacity. Must have ability
to auto-archive video to external hard drive/s. E
L
Must have option for 30 to 90 days of storage for
motion detection Q
m
2.6 Vendor is responsible for all installation of U--
security components;hardware, software,
configuration and ensure that system is fully G
integrated with existing fire and alarm system E
and associated components
c.�
2.7 Awarded vendor(s)will provide maintenance for
its building access and security system,for one E
year with options to renew for three(3) E
additional 12 month periods. Maintenance must Cl?
include all equipment,parts, labor,and travel v
Q
expenses. Equipment and parts covered by this
maintenance agreement include all existing and
newly installed fire panels,keypads, smoke E
detectors,and manual pull stations near main
Page 6 of 12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 89
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees °'
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Q.
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entrance,valve temper switch,magnetic locks,
egress switches,glass break detectors,backup
L
batteries,and all related components. Q
• Vendor must indicate types of maintenance L
options available and service -
• Vendor must provide less than 4-hour c
response time when ticket is submitted with E
system issue. C
• Vendor must include hourly rates (and all v
associated fees such as travel, hardware,
software, etc.) for after hours, nights, and Y
weekends. °
• Vendors proposed maintenance agreement c
must be included with submission and must E
E
thoroughly describe items that are not d
included or covered by proposed z
maintenance agreement. 3
2.8 The Contractor shall establish and maintain a
Quality Control Plan for ensuring the quality of E
the work performed under the Contract.
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Description Tier Three Comply Deviate a
Vendor shall provide all supervision,labor,
equipment,tools supplies, and materials to c
perform all tasks for Fire Controls System,
consultation&design,building scope,
construction,providing preventive maintenance z
3.1 planning,inspection, certification,periodic w
testing,training,monitoring,providing warranty,
will clearly provide information about voiding
the warranty,provide recommendations, and a
additional parts and repairs.Vendor is
responsible for complete installation including E
running cables,programming system.
3.2 Contractor shall provide fire controls,
installation,maintenance services at facilities. ii
Contractor must offer a turn-key operation
which will include all cabling, software,testing, °
3.3 E
and installation, and provide tracking and alert, E
in the event of a fire. °
0
System should be able to integrate with Agency
3.4 Member's currents stem. d
E
Units must be a new,unused model and current 2
production.No reconditioned or used equipment
will be accepted except as specifically requested
3.5 herein. All equipment and accessories cataloged U-
as standard shall be included as part of this
specification. Whenever an article or material is E
defined b describing a proprietary product or b
Page 7of12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 90
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees 0
U
Q.
a�
using the name of a manufacturer,the term"or
equal"if not inserted shall be implied. The
specified article or material shall be understood Q
as indicating the type, function,minimum L_
standard of design, efficiency and quality desired U_
and shall not be constructed as to exclude other c
manufactured products of comparable quality, E
design and efficiency. In the event that any o
equivalent version is proposed,prospective v
bidders are herewith advised that precise,
adequate, and documented evidence of Y
equivalency in performance, stability,and •°
operational efficiency should be submitted with
the bid for further consideration. Final E
E
determination of equivalency will be determined d
solely by KCDA z
• Vendor will provide Turnkey installation 3
• Provide new panel patch cables of desirable
length and color
E
• All data drops are to be labeled at the patch
panel and at the cable termination a
• All data copper cabling will be CAT 6
plenum-rated
• All cabling to be run in provided cable trays
above ceiling tiles
All like cabling should be bundled together Z
every four feet with approved cable ties X
w
Consultation by certified designers may be
required in order to create a comprehensive fire
3.6 alarm and security system to meet specific
requirements of each Member Agency's unique
needs. E
L
Offering should allow for high level of planning
toward future expansion,while examining the
3.7 requirements of long-term maintenance and L`—L
service of theses stems.
c
System should provide for tracking and o
3.8 reporting devices that are due for service and E
repair. 0V
Fire& Security installation team shall include
3.9 estimators,coordinators,project managers and E
certified fire alarm and security. d
Contractor shall offer 24/7 UL Listed co
monitoring, fire alarm confidence testing, life v
3.10 Q
safety inspections and service program; and a
24-hour repair line.
d
3.11 Contractor shall include in all product proposals E
a maintenance and cleaning plan.
Page 8 of 12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 91
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees 0
U
Q.
a�
The fire panel shall not be placed in a bypass or
E
test mode without prior approval of the Member
Agency Official.Work that requires activation Q
of audio or visual alarms, or the annunciator L_
3.12 system,or disrupts sprinkler service to any part �
w
of the building maw required to be performed c
outside normal working hours.All such work E
shall be scheduled and approved in advance by C
the Building Manager. v
Must ensure Code Compliance for: Y
3.13 -Fire Marshall
-Building Inspector •°
-On-site Safety Personnel c
System shall include a multi-faceted approach. E
May utilizes an organization's existing IP
Cn
network as the basis for an emergency z
3.14 notification and communications system. These 3
systems also allow for specific user groups to be
established so that targeted communications can E
be sent.
m
The Contractor shall verify all inventory and a
measurements relating to the required work prior
3.15 to submission of their cost proposal to KCDA oM,
and Member Agency in order to meet timelines.
An onsite visit may be required before
3.16 submitting a proposal to KCDA and Member
Agency. X
w
The Contractor shall perform all work on the
Fire Safety System according to applicable
National Codes,including but not limited to a
NFPA 70E(Electrical Safety),NFPA 101 (Life
Safety),NFPA 10(Portable Fire Extinguisher E
Standards),NFPA 13 (Fire Sprinkler System
Code),NFPA 72(Fire Alarm and Signaling),
3.17 and NFPA 25 (Water-Based Fire Protection U_
Systems). The Contractor shall ensure that its
employees are fully certified to work on all of G
the installed Fire Systems. Certification E
documents must be made available to the
c.�
Member Agency Official or designee upon us
request. All Contractor employees who enter theCD
building must be able to obtain security E
clearance
Certain tests may require participation of the fire Q
3.18 marshal and shall be coordinated and scheduled
b Member Agency Official or designee
The Contractor shall establish and maintain a E
3.19 Quality Control Plan for ensuring the quality of
Page 9of12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 92
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees °'
U
Q.
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the work performed under the contract.
E
All quotes for additional services shall have the
labor and parts costs listed separately. Only new, a
original equipment manufacturer parts shall be 2
3.20 used,unless they are not available in the w
marketplace.All others will require written c
a royal,by KCDA and the Member Agency. E
Emergency Services Emergency technical v
3.21 services shall be available 24 hours a day/7 �.
days a week to minimizes stem downtime. Y
Remote or telephone technical support will be `o
3.22 provided within thirty minutes at no additional
cost to the Member Agency.
d
If on-site emergency repairs are requested,the E
3.23 technician shall arrive on site within four hours. Cn
Corrective Maintenance: When repairs(other
than minor repairs)of defective or inoperable 3
devices are found during the course of system
testing,inspection or preventative maintenance, E
3.24 or having failed during operation, are required, i
the Contractor shall provide a detailed written a
report to the Member Agency,with a repair plan
and quote. This includes required or c
as
recommended software upgrades and
programming.
z
x
w
INSTRUCTIONS:
1. If"no"is checked below, complete this form by signing it at the bottom.
2. If"yes" is checked below, either insert answers into this form or create a Microsoft Word table Q-
format to provide narrative explanations of exceptions. If adding pages, the bidder's name and E
identifying information as to which item the response refers must appear on each page. cc
3. Scan this form plus any attachments into a single PDF document. a
4. Title the file"Part X-Deviations". L
5. Exceptions to local, state or federal laws cannot be accepted under this bid. y
c
❑ NO,this bidder does not have deviations(exceptions or alternates)to the specifications listed in °
E
Parts C-Special Provisions&X Deviations-Misc.Fees. E
0
❑ YES,this bidder has the following deviations to the specifications listed in Parts C-Special us
Provisions &X Deviations-Misc.Fees.
d
in
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Outline(Pg. LL
& Form) Specification (describe) Details of Deviation LL
c
d
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s
C9
Page 10 of 12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 93
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees U
Q.
m
E
L
Q
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U-
0
E
E
0
U
Signature
c
m
Must be some signature that appears on Bid Affidavit and Acceptance Forms Y
0
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MISCELLANEOUS FEES E
m
In some cases additional charges may be necessary. These costs are for items delivered direct to Members. Attach
additional pages as may be necessary for each manufacturer. 3
r
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E
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Delivery Fee: $ %or mileage rate
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Installation Fee: $ per hour (Prevailing Wage rates)
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Design Fee: $
Performance Bond: $
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MISCELLANEOUS FEES (Cont.) w
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Demolition Fee: $
L
Restock Fees: $
E
Lift Gate Fee when required $ c`c
Q
as
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U-
FUTURE DELIVERIES N
c
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On occasion, KCDA Members will place orders near the end of the contract period for delivery after the contract E
period has expired. Will your company honor orders placed during the contract period for future delivery? 0
U
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c
CD
No Yes Yes, but only if delivered before
in
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Firm Name:
CD
Address: E
E
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City, State,Zip
Page 11 of 12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 94
8.D.b
Integrated Security Systems & Fire Controls
Bid #21-360
E
ATTACHMENT X— Deviations and Miscellaneous Fees U
Q.
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Signed:
E
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Name and Title:
Q
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Telephone No. ii
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Fax No. E
Email: o
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"Note: All lines of information must be provided with submittal. Electronic acceptance of these terms ,o
and conditions signifies compliance with all terms and conditions. y
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Page 12 of 12 Q
KCDA
Integrated Security Systems and Fire Controls BID#21-360 Packet Pg. 95
8.D.b
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KCDA m
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Certification of Compliance with Wage Payment Statutes E
a
The bidder hereby certifies that, within the three-year period immediately preceding the bid
ii
solicitation date (INSERT DATE), the bidder is not a "willful" violator, as defined in RCW 49.48.082,
of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding 0
E
citation and notice of assessment issued by the Department of Labor and Industries or through a E
civil judgment entered by a court of limited or general jurisdiction. v
c
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Y
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is `o
true and correct. y
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Bidder's Business Name N
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Signature of Authorized Official*
as
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Printed Name Q
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Title
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Date City State
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Check One:
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Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation ❑ 0
Q
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State of Incorporation, or if not a corporation, State where business entity was formed:
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If a co-partnership, give firm name under which business is transacted: _
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*If a corporation, proposal must be executed in the corporate name by the president or vice-president U_
(or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership,
CD
proposal must be executed by a partner. E
KCDA
Integrated Security Systems& Fire Controls BID#21-360 Q
Packet Pg. 96
8.D.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.org 4)
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KCDA Company Profile a
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IFB #21-360 Integrated Security Systems& Fire Controls i-
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NAME OF BIDDER 0
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COMPANY CONTACT INFORMATION d
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Company Name: Website:
3
Company Address:
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City: State: Zip: E
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Contact Person: Title: a,
Q
Contact Phone: Contact Email:
as
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State of WA Department of
Licensing Contractor's Registration No.
State of WA UBI Number w
State of WA Department of
Employment Security No.
L
Washington State Excise Tax Registration No. D
E
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Federal Tax ID Number
DUNS Number Q
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LL
BACKGROUND
0
Note: Generally, in high level contracts,KCDA will not accept an offer from a business that is less than five(S)years E
old or which fails to demonstrate and/or establish a proven record of business. If the bidder has recently purchased o
an established business or has proof of prior success in either this business or a closely related business,provide �?
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
E
company. d
N
This business is a ❑ public company ❑ privately owned company. a
In what year was this business started under its present name?
c
as
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s
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KCDA
Q
Integrated Security Systems & Fire Controls BID# 21-360
Packet Pg. 97
8.D.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.org 4)
Q.
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Under what other or former name(s)has your business operated? E
a
Is this business a corporation? ❑ No ❑ Yes. If yes,please complete the following: ;v
ii
Date of incorporation: State of incorporation:
0
Name of President: E
Name(s)of Vice President(s): v
Name of Secretary:
Y
Name of Treasurer: `o
Is this business a partnership? ❑ No ❑ Yes. If yes,please complete the following:
as
Date of organization: State founded: E
Type of partnership,if applicable: z
Name(s)of general partner(s): 3
c
Is this organization individually owned? ❑ No ❑ Yes. If yes,please complete the following:
Date of organization: State founded:
a�
Name of owner: a
This organization is a form other than those identified above. ❑ No ❑ Yes. c
IF THE ANSWER IS YES, describe the company's format,year and state of origin, and names
and titles of the principals.
x
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COMPANY HEADQUARTER LOCATION
a�
Q.
Company Address: D
E
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City: State: Zip: 0
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Main Phone Number: How long at this address?
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COMPANY BRANCH LOCATIONS c
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Branch Address: E
0
City: State: Zip: v
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Branch Address: E
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City: State: Zip: co
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Branch Address: U-
City: State: Zip:
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s
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KCDA
Q
Integrated Security Systems & Fire Controls BID# 21-360
Packet Pg. 98
8.D.b
KCDAPURCHASING COOPERATIVE
E _
18639-80TH Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.org 4)
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Branch Address: E
City: State: Zip: a
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If more branch locations, insert information here or add another sheet with above information. ii
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c
SALES HISTORY O
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E
Provide your company's annual sales for 2018,2019 and 2020 YTD in the United States by the various v
public segments:
a�
2018 2019 2020 YTD Y
L
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K-12(public&private),Educational Service Agencies $
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Higher Education Institutions $ $ $ d
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I Counties,Cities,Townships,Villages $ 3
States $ $ $
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Other Public Sector&Non-profits $ d
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Private Sector $ $ $ Q
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TOTAL $ $ $
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WORK FORCE w
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1. Key Contacts and Providers: Provide a list of the individuals, titles, and contact information for the
individuals who will provide the following services: a
Function Name Title Phone Email E
Contract Manager t`v
Sales Manager d
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Customer&Support * LL
Manager
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Function Name Title Phone Email E
Distributors,Dealers, E
Installers,Sales Rep V
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Consultants&Trainers
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finical,Maintenance E
&Support Services N
Quotes,Invoicing& V
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Payments LL
Warranty&After the O
Sale d
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KCDA
Q
Integrated Security Systems & Fire Controls BID# 21-360
Packet Pg. 99
8.D.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.org 4)
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Financial Manager E
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2. Sales Force: Provide total number and location of salespersons employed by your company in the states ii
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.) 0
E
Number of Sales City State 0
Reps
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0
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yr
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3. Service/Support and Distribution Centers: Provide the type(service/support or distribution)and E
location of centers that support the states of Washington, Oregon,Idaho,Montana and Alaska
completing the following: (To insert more rows, hit the tab key from the last field in the State column.) Q
Center Type city State a
0
X
W
L
4. In-house Resources: Describe the business's current in-house workforce, equipment and facilities
available to perform under this solicitation. E
L
2
5. Sales Training: Explain how your company will education your sales staff on the AEPA contract Q
inluding timing,methods, etc. 2
ii
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ENVIRONMENTAL INITIATIVES us
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1. Describe how your products and/or services support environmental goals. E
d
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2. Describe the company's"green"objectives(i.e. LEED,reducing footprint, etc.). s
0
KCDA
Q
Integrated Security Systems & Fire Controls BID# 21-360
Packet Pg. 100
8.D.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.org 4)
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COOPERATIVE CONTRACTS
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1. Does your company currently have contracts with other cooperatives (local, regional, state, national)? d
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YES NO
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3
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If YES, identify which cooperatives and the respective expiration date(s).
E
m
m
L
Q
If YES and your company is awarded a KCDA Contract,which contract will you lead with in marketing c
and sales representative presentations(sales calls)?
z
x
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INDEPENDENT SUBCONTRACTORS,DISTRIBUTORS,INSTALLERS,ETC.
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If the Bidder is not the sole manufacturer/provider of all goods and services provided under this contract,
the following must be answered:
1. Selection Criteria for Independent Providers: Describe the criteria and process by which the business E
selects, certifies and approves subcontractors,distributors,installers and other independent services. a
m
2. Current Subcontractors,Distributors,Installers,Etc.: Provide a list of current subcontractors, U`--
distributors, installers and other independent service providers who are contracted to perform the type of
work outlined in this bid in the in the states of Washington, Oregon,Idaho,Montana and Alaska. E
Include,if applicable,contractor license information and the state(s)wherein they are eligible to provide E
services on behalf of this business. C
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us
DISCLOSURES
E
2
1. Letter of Line of Credit or Annual Financial Report(REQUIRED): Attach a letter from the in
business's chief financial institution indicating the current line of credit available in its name and Q
evidence of financial stability for the past three calendar years(2017,2018 and 2019). This letter should a_
state the line of credit as a range(ie.,"credit in the low six figures"or"a credit line exceeding five
d
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s
KCDA
Q
Integrated Security Systems & Fire Controls BID# 21-360
Packet Pg. 101
8.D.b
KCDAPURCHASING COOPERATIVE
E _
18639-80TH Ave S.*P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.org 4)
Q.
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figures"). If company is a publicly traded company a complete Annual Financial Report is required in E
L
place of Line of Credit Letter.
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2. Legal: Does this business have actions currently filed against it? ❑ No ❑ Yes. ;v
ii
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IF YES,ANATTACHMENT IS REQUIRED:List and explain current actions such as Federal c
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. O
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REFERENCES W
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Provide contact information of your company's five largest public agency customers:
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Agency Name Title Phone Number Email E
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2.
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3.
4.
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Signature a
Must be same signature that appears on the Bid Affidavit Signature and Acceptance Form D
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KCDA
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Integrated Security Systems & Fire Controls BID# 21-360
Packet Pg. 102
8.D.b
King County Directors'Association
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Integrated Security Systems Bid#21-360 °
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Bid Price Sheet for: E
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Access Control Equipment and Accessories in
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3
Use this layout example to submit bid pricing for all equipment, supplies and other necessary line items and options for an access control system.
Items listed should include but not be limited to control panels, power supplies, readers, locks, cabling, software and etc. aEi
Net
Product Description Manufacturer Mfg. SKU Vendor SKU Unit of Measure List/Retail Price KCDA Bid price Q
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Labor Rates: d
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Electrical Apprentice
Electrical Journeyman E
Mfg. Certified Tech. i
Hours of training free of charge to customer: Q
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Company Name:
Access Control Price Page of x
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Integrated Security Systems& Fire Controls, Bid#21-360 °
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Bid Price Sheet for: E
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Fire Control Equipment and Accessories CO
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Use this layout example to submit bid pricing for all equipment, supplies and other necessary line items and options for an access control system. Items listed
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Net
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Product Description Manufacturer Mfg. SKU Vendor SKU Unit of Measure List/Retail Price KCDA Bid price
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Mfg. Certified Tech. E
Hours of training free of charge to customer: i
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Integrated Security Systems& Fire Controls, Bid#21-360 °
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Bid Price Sheet for: E
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Intrusion Detection CO
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3
Use this layout example to submit bid pricing for all equipment, supplies and other necessary line items and c
m
options for an intrusion detection systems. Items listed should include but not be limited to door equipment, E
alarm panels, power supplies, cabling, software and etc.
Product Description Manufacturer Mfg. SKU Vendor SKU Unit of Measure List/Retail Price KCDA Bid price Q
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General Laborer =
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Company Name:
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8.D.b
RESPONSIBLE BIDDER FORM
(Contractor's Qualifications)
Bid#21-360 Integrated Security Systems& Fire Controls W
Q.
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The information provided in this form is part of the KCDA's inquiry concerning bidder responsibility.
Please print clearly or type. If you need more space, use plain paper. E
Q
Company Name
Address iz
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Payment Address E
Contact Telephone No. ( ) 0
Contact Person for this Bid: v
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Contact Address:
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State of WA Department of '~
Licensing Contractor's Registration No.
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State of WA UBI Number
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State of WA Department of 3
Employment Security No.
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Washington State Excise Tax Registration No. aEi
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Federal Tax ID Number a'
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DUNS Number
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"Please provide a current copy of Certificates of Insurance. -W
Number of years the Contractor has been engaged in the business under the present company name, as w
indicated above
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References: KCDA may conduct reference checks during considerations for award. In the
Event that information obtained from the reference checks reveals concern about the bidder's past a
performance on projects identified as meeting the bidder qualification requirements or their ability to
successfully perform the work, KCDA may determine that the bidder is not a responsible bidder. In E
conducting reference checks, KCDA may include itself or other government agencies and businesses as
a reference if the bidder has performed the work, even if the bidder did not identify these sources as a Q
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reference.
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List any major projects of similar nature which have been completed by or supervised by the Contractor 0
within the last 5 years and the gross dollar amount of each project. E
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Name of project Amount Owner Phone# L?
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KCDA U
Integrated Security Systems & Fire Controls BID#21-360 Q
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King County Directors'Association
Integrated Security Systems&Fire Controls,Bid#21-360
Bid Price Sheet for:Video&Surveillance
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Use this layout example to submit bid pricing for all equipment,supplies and other necessary line items and options for an video and surveillance
systems.Items listed should include but not be limited to cameras,power supplies,cabling,software and etc.
Product Description Manufacturer Mfg.SKU Vendor SKU Unit of Measure List/Retail Price KCDA Bid price d
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Labor Rates Labor Rates Freight is is not included in above pricing. W
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Video&Surveillance Price Page of
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Volume Discounts
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KCDA-Bid#21-360 Integrated Security Services & Fire Controls °
(OPTIONAL FORM:) N
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NOTE: If your company provides any of the services listed below, please complete the price schedule. LD
Additional Discount for One Time Purchase OR a Group of Local Agencies in a Geographic Area Combining
Requirements (Estimate Annual Spend): 3
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Dollar Amount Dollar Amount Manufacturer Additional Discount FOB -Freight, Factory- Cost
FROM TO Offered (%) will be extra, Destination -
Cost is included in discount a►
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PURCHASING COOPERATIVE �
18639-80TH Ave S.•P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402•www.kcda.org Q.
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INVITATION FOR BIDS U_
BID#21-360
Integrated Security Systems & Fire Controls 0
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Attachment A
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion =
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In submitting the proposal to provide products and/or services as outlined in the bid specifications,we hereby 3
certify that we have not been suspended or in any way excluded from Federal procurement actions by any c
Federal agency. We fully understand that, if information contrary to this certification subsequently becomes E
available, such evidence may be grounds for non-award or nullification of a bid contract. L
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This certification is required by the regulations implementing Executive Order 12549,Debarment and
Suspension, Participant's Responsibilities. c
Signed: x
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Title: Area Sales Manager
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Firm: Siemens Q-
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Address: 15900 SE Eastgate Suite 200
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City, State,Zip:
Bellevue WA 98008 ii
Date: 8/6/21 E
Email kenneth.drewjr@siemens.com Er@siemens.com
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Note: Electronic acceptance of these terms and conditions signifies compliance i,vith abo>>e statement. aa)
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Integrated Security Systems & Fire Controls BID# 21-360 m
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KCDA 0
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Certification of Compliance with Wage Payment Statutes a
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The bidder hereby certifies that, within the three-year period immediately preceding the bid N
solicitation date (7/21/2021), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of 0
any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding E
citation and notice of assessment issued by the Department of Labor and Industries or through a v
civil judgment entered by a court of limited or general jurisdiction.
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I certify under penalty of perjury under the laws of the State of Washington that the foregoing is 0
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Siemens Industry, Inc. - Smart Infrastructure
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Bidder's.Business Name
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Signature of Authorized Official* E
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Kenneth Drew
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Printed Name
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Area Sales Manager
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8/26/2021 Bellevue WA wL`
Date City State
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Check One: E
Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation EZ
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State of Incorporation, or if not a corporation, State where business entity was formed:
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If a co-partnership, give firm name under which business is transacted:
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*If a corporation, proposal must be executed in the corporate name by the president or vice-president Q
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(or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership,
proposal must be executed by a partner. E
KCDA
Integrated Security Systems & Fire Controls BID#21-360
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)CCDAPURCHASING COOPERATIVE Q-
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18639-801h Ave. S. • P.O. Box 5550 • Kent,WA 98064-5550 • Phone 425-251-8115 • Fax 253-395-5402 • www.kcda.org E
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INVITATION FOR BID/REQUEST FOR PROPSAL U_
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Integrated Security Systems & Fire Controls 0
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Bid #21-360 E
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ATTACHMENT C—Special Provisions
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THESE INSTRUCTIONS SUPERCEDE AND TAKE PRECEDENCE OVER ANY OPPOSING
LANGUAGE IN THE STANDARD TERMS AND CONDITIONS =
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A. SOLICITATION OBJECTIVES
KCDA is seeking manufacturers, providers or dealers/distributors to provide current and emerging 3
Integrated Security Systems &Fire Controls to its members.
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Total approximate value of spend for this contract is between$1M to$2.5M. However, KCDA does not L
guarantee any minimum or maximum value or number of orders. a
It is KCDA's intent to establish an annual multi-state contract with the potential of up to three (3) one-year
extensions if mutually agreed between KCDA and the awarded vendor(s). Bidders must be a manufacturer
or a manufacturer's sales representative authorized to provide KCDA Integrated Security Systems& Fire
Controls in Washington,with the preferred ability to service surrounding member states (ex: Oregon, Idaho, w
Montana,Alaska).
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Contracts established by KCDA are available for use by all public schools, colleges, universities, cities, CL
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counties and other government agencies throughout the nation. Participation in KCDA is not required of D
any governmental agency;however,participation does provide the legally required competition for E
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. E
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Bidders must be an authorized manufacturer, sales representative or service dealer having a local sales, 0
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service and install presence in Washington State, Oregon, Idaho,Alaska and/or Montana, or is the o
manufacturer of the products proposed. c)
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The Bidder must also include a list identifying the states within which they are authorized to sell, service E
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and install. If a portion of a state is serviced, bidder must specifically list the portion which is serviced. N
Bidder can list by county, region, or territory. Bidder must provide the list as a separate document when v
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 m
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onsite consultation, needs assessment, installation, integration and training.
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It is the intent of KCDA to award a contract,whereas KCDA member agencies the tools necessary for a
Integrated Security Systems &Fire Controls centrally or location by location.
Packet Pg. 116
8.D.b
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The scope of this Invitation for Bids (IFB) is to establish a contract for Integrated Security Systems & Fire E
Controls to meet the diverse requirements of KCDA members.
KCDA recognizes that it is essential to contract with experienced operators, using specialized equipment
with the ability to install quality materials to a high standard. E
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The types of services and products may include, but are not limited to security consultation, evaluation E
assessment, surveillance monitoring devices, motion detection, fire detection, access control and human U_
intrusion. c
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Types of services and products may include, but are not limited to: all cables, close circuits monitors, video E
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management and storage, connections, switches, mounting hardware, labor, installation, warranty, maintenance L)
agreements, on-site training for up to four(4) employees and applicable licenses.
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Other products and services that will enhance and add value to this contract will be considered and
evaluated at the sole discretion of KCDA. c
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Contracts established by KCDA are available for use by all public schools, colleges, universities, cities, y
counties and 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 3
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 E
any amount without the necessity to prepare their own IFB or gather necessary quotations.
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By conducting this solicitation, KCDA intends to provide savings and to offer its members a choice of
Integrated Security Systems & Fire Controls at discounted pricing. o
KCDA's purpose is to:
• Cooperatively serve our members and associate members through a continuous effort to explore and w
solve present and future purchasing needs. ,
• Provide government agencies opportunities for greater efficiency and economy in acquiring goods
and services.
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• Equalize purchasing power for smaller agencies that are unable to command the best contracts for D
themselves. E
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• Maintain credibility and confidence in business procedures by maintaining open competition for Q
purchases and complying with purchasing laws and ethical business practices.
• Provide competitive price solicitations which meet the procurement laws of our members. ii
• Secure multi-state volume purchasing contracts which are measurable, cost effective and c
continuously exceed our members' expectations. E
• Provide quick and efficient delivery of goods and services by contracting with "high performance 0
and quality" vendors who understand our members' needs. )
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B. TIMELINE d
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July 21"2021 & July 28t"2021 Advertised as Bid #21-360 in DJC Seattle, Oregon Q
August 26t", 2021 Bids due no later than 2:00 P.M. PST LL
October 14"', 2021 Award recommendation
October 21", 2021 Board Approval
November 1st, 2021 Contract Start Date
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Packet Pg. 117
8.D.b
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C. SUBMISSION OF BIDS E
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. Q.
Bidder is requested to submit either 1) separate price pages for each state being bid or 2)provide a pricing
matrix that shows a price factor to be applied to the Washington state pricing in order to calculate the E
pricing for other states. Pricing must be provided in hard copy and must be available in excel on flash drive a
or CD. L
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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) E
bound and signed copy of the bid plus one (1)electronic copy on CD or flash drive. E
• KCDA reserves the right to reject any or all bids and to accept any proposal deemed most v
advantageous to KCDA members and to waive any informality in the bid process.
• Bids shall be submitted as stated in this solicitation. Deviations to any terms, conditions and/or Y
specifications shall be conspicuously noted in writing by the bidder and shall be included with the
bid. No cross outs or delineations shall be made to the existing document. Exceptions and
deviations will be considered in award evaluation. KCDA reserves the right to reject any deviations E
or exceptions stipulated in a bidder response, and may subsequently disqualify such bid if such terms in
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. 3
• 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. E
• Addendums if required, will be issued by KCDA through Public Purchase. Addendums will also be a�
posted on the KCDA website(www.kcda.orO under Bid Information. Addendums will not be a
mailed or e-mailed. It is bidder's responsibility to check for issuance of any Addendums prior to
submitting a bid. All 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. Z
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D. BID FORMAT
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1. Preparation of the Bid Response D
a. The IFB (#21-360) is published in one PDF document on the KCDA Website, it is also E
published on the Public Purchase Website with all required documents and forms posted a
separately. L
• Cover Page indicates the Due date and where to send Bid documents to ii
• Attachment A contains the Debarment Statement (signature required) c
• Attachment B, includes Terms by Manufacturer(completion required) E
• Attachment C Special Provisions that take precedence; (signature required) o
• Attachment D Manufacture Product Price List(completion required) v
• Attachment E2 Service Price Schedule (completion required) 4)
• Attachment X Deviations and Miscellaneous Fees (signature required) d
• Company Profile(completion required) N
• Responsible Bidder Form (completion required)
• Certification of Compliance(signature required)
b. Bid Forms requiring signatures shall be submitted with original ink signatures, by the m
person authorized to sign the bid. Failure to properly sign the bid documents or to make
other notations as indicated will result in the response being deemed non-responsive.
C. Corrections and/or modifications received after the opening time will not be accepted, a
except as authorized by applicable rule, regulation or statute and KCDA.
Packet Pg. 118
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d. In case of an error in extension of prices in the bid, unit prices shall govern. E
e. Periods of time, stated as a number of days, shall be in calendar days, not business days.
f. It is the responsibility of all Bidders to examine the entire IFB 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 E
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withdrawal after due time and date.
g. The Bidders' ability to follow the bid preparation instructions set forth in this solicitation
will also be considered to be an indicator of the Bidders' ability to follow instructions E
should they receive an award as a result of this solicitation. Any contract between the c
KCDA and a Bidder requires the delivery of information and data. The quality of E
organization and writing reflected in the bid will be considered to be an indication of the E
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quality of organization and writing which would be prevalent if a contract was awarded. v
As a result, the bid will be evaluated as a sample of data submission.
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2. Format of Bid Response
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 E
front cover and vertical spine. Clearly identified tabs must be used to separate the bid into y
sections, as identified below. Responses should be direct, concise, complete and
unambiguous. Bidders failing to organize bids in the manner requested risk being 3
considered non-responsive if bids are not easily read and understood. Awards will be made
more efficiently and timely by following the required format. E
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Tab 1 - Company Profile/Information a
• 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 x
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Debarment Statement-Attachment A
• Certification of Compliance with Wage Payment Statues
• Terms by Manufacturer-Attachment B (option: bidder may include this information in
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their own format as part of the pricing pages) n
• Attachment C—Special Provisions E
• Deviations and Miscellaneous Fees—Attachment D a
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• Responsible Bidder U_
Tab 3 -Pricing Pages =
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• Price sheets supplied in IFB. E
• A listing of products or services which are not listed on the price list which Bidder can 0
provide and may be considered as a value add for KCDA member agencies. N
Note: All pricing must include the 2% service fee to KCDA. r_
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Tab 4 - Product Line Brochures and Literature Cn
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Tab 5 - Marketing Plan: a_
• List shows, conferences, show examples of flyers or describe how bidder will market the
KCDA Integrated Security Systems & Fire Controls Bid#21-360 E
Tab 6—Authorized DealersNendor Partners
• Provide letters from each manufacturer stating authorization to deal. Q
• List all dealers/vendor partners authorized to utilize this contract through the ven Packet Pg. 9
8.D.b
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Tab 7- Addendums E
The terms of the Agreement Addendum which is attached hereto and incorporated herein shall
govern and supersede any contract terms to the contrary with respect to each procurement. All
addendums will be made through Public Purchase, and shall be signed and dated and submitted with
bid response. E
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"CONTRACT DOCUMENTS: KCDA Member Agency will review proposed contract
documents. Vendor Partner's contract document shall not become part of KCDA Member Agency's ii
contract with Vendor Partner unless and until an authorized representative of a KCDA/Member c
Agency reviews and accepts it. EE
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E. VENDOR RESPONSIBILITIES =
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• Designate and assign a dedicated senior-level contract manager(one authorized to make decisions) Y
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to the KCDA contract. This employee will have a complete copy and must have working knowledge
of the contract.
• Train and educate sales staff on what the KCDA contract is including pricing, who can order from E
the contract, terms/conditions of the contract and the respective ordering procedures for each state. rn
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 3
member agencies. Plan should include, but not be limited to, a website presence, electronic mailings,
sales flyers, brochures, mailings, catalogs, etc. E
• Create a KCDA-specific sell sheet with a space to add a KCDA logo and contact information for use a�
by KCDA and the awarded vendors local sales representatives to market within each state. a
• Have ongoing communication with the Contract and Procurement Specialist at KCDA and the
KCDA member agencies.
• Attend two (2) "touch base" meetings at KCDA per year. One of those meetings may be
participating in the KCDA Vendor Fair. Z
• Participate in national and local conference trade shows to promote the KCDA contract. w
• Increase sales over the term of the KCDA contract.
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F. EQUIPMENT & RELATED PRODUCTS C
1. New Integrated Security Systems &Fire Controls E
All Integrated Security Systems & Fire Controls provided under this contract must be new. v
Integrated Security Systems & Fire Controls which have not been used previously and are being a
as
actively marketed by the manufacturers' authorized dealers.
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All branded Integrated Security Systems & Fire Controls components, spare parts, application 0
software, and ancillary equipment supplied under this contract must conform to manufacturer E
specifications and shall be of new manufacture and in current standard production. The awarded v
vendor is responsible for ensuring that these items are operable and installed in accordance with
manufacturer's specifications. E
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See the Attachment D Manufacture Product and PricingList for specifications for the product 9
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details. a
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2. Integrated Security Systems & Fire Controls Installation/Removal d
a. The installation and/or removal of contract Integrated Security Systems & Fire Controls shall
be performed in a professional manner. The member's premises and equipment shall be left
in a clean condition. The awarded vendor may be required to repair all damage and/or a
Packet Pg. 120
8.D.b
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provide full compensation for damage to the member agencies premises and equipment that E
occurred during installation/removal.
b. Personnel in charge of the installation must be available to coordinate installation with
member agency's internal staff. Qualified service support and technical personnel will be
required to provide all necessary maintenance and repair. Installation dates and installation E
schedule must be approved by member agency. a
c. Installation crews may be working around students, teachers and general staff. Installation L
may require off hour and weekend work in order to accommodate and complete the project in E
the timeline required by the member agency. The member agency will try to accommodate c
access for installation during school/business hours; however, any plan that displaces staff, E
students or personnel will most likely create disruption to the ordinary daily schedule. After E
hours and weekend installations are preferred and will be so identified in the proposal to the v
member agency.
d. Project Manager for the awarded vendor shall verify proper installation at multiple and Y
various times throughout the duration of the installation.
e. Upon successful completion of installation, test system fiunctionality for all possible
scenarios and document all outcomes. E
f. Installment requirements (electrical certifications, plumbing certifications, licenses, permits y
etc.).
3
3. Integrated Security Systems&Fire Controls newly Installed Equipment or Related Product Problems
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Member agency will evaluate the performance of newly installed Integrated Security Systems & Fire a�
Controls for a 15-day period after installation. If the performance is unsatisfactory, the member Q
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
member's satisfaction.
• The replacement of the Integrated Security Systems & Fire Controls with another w
Integrated Security Systems &Fire Controls of the same brand and model, at no
additional cost (including delivery and installation) to the member agency, or-
• Return of the Integrated Security Systems & Fire Controls with cancellation of the order
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at no charge to the member agency. D
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4. Integrated Security Systems & Fire Controls 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 U-
contract requirements. At a minimum, an installed piece must demonstrate the capability of c
providing the functions and services specified in the manufacturer's published literature. E
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5. Integrated Security Systems & Fire Controls Maintenance, Repair and Service v
a. Maintenance, repair and service related to the operation of Integrated Security Systems & c
Fire Controls must be provided to member agency. E
b. Excessive Service and Downtime: Integrated Security Systems & Fire Controls including all °'
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components, spare parts, application software, and ancillary equipment supplied through this a
contract shall be capable of continuous operation. Therefore, awarded vendor shall guarantee U-
that all Integrated Security Systems & Fire Controls will be operational at least 98% of
normal business hours. Integrated Security Systems & Fire Controls that develop a trend of d
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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 that is best for the member Q
agency.
Packet Pg. 1 1771
8.D.b
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c. In the event that the performance of maintenance services under the contract results in a need E
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 member agency.
d. Awarded vendor must guarantee the availability of repair parts for a minimum of five (5) E
years subsequent to member agencies acceptance of the contracted Integrated Security a
Systems & Fire Controls. 2
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6. Integrated Security Systems & Fire Controls Relocation/Transfer c
a. Member agencies shall be afforded the option to relocate/transfer contract Integrated Security E
Systems & Fire Controls from one member location to another member location as deemed c
necessary with no change to agreement or maintenance plans. If self-moves are an option,the t)
awarded vendor must be notified prior to relocating or transferring. The member agency will
be responsible for repairs required for damage that occurred during self-moves. Y
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b. Alternately member agencies may elect to have the awarded vendor relocate/transfer the
Integrated Security Systems & Fire Controls. The awarded vendor is responsible for repairs
required following such relocation/transfer. Relocation/transfer of Integrated Security E
Systems & Fire Controls must be coordinated with member agency contact personnel
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responsible for the contract.
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7. Integrated Security Systems & Fire Controls New products and/or Services
Integrated Security Systems & Fire Controls must meet the scope of work to be added to the E
contract. Pricing shall be equivalent to the percentage discount for other products. Awarded vendor 2
may replace or add product lines to an existing contract if the line is replacing or supplementing Q
products on contract, is equal or superior to the original products offered, is discounted in a similar
or to a greater degree, if it is within the same awarded manufacturer and if the products meets the
requirements of the solicitation. No products may be added to avoid competitive procurement
requirements. KCDA may require additions to be submitted with documentation from KCDA
members demonstrating an interest in, or a potential requirement for, the new product or service. w
KCDA may reject anyadditions without cause.
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8. Integrated Security Systems & Fire Controls Discontinued Products
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If a product or model is discontinued by the manufacturer, awarded vendor may substitute a new C
product or model if the replacement product meets or exceeds the specifications and performance of E
the discontinued model, it is within the awarded manufacturer and if the discount is the same or
greater than the discontinued model.
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NOTE: Listing the above specifications shall in no way relieve the awarded vendor from the =
responsibility to follow proper code and regulations. 0
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G. TRAINING & SUPPORT v
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). aD
a. If specified by the member agency, staff in-service shall be offered following the d
installation. Training needs must be quantified and specified by the member agency. v
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 U_
and some may incur charges. Please outline your training philosophy and related pricing E
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. a
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H. PUBLIC WORKS LANGUAGE E
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The 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 E
laws and to abide by them. a
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• Public Works: U-
State of Washington statute requires workers be paid prevailing wages when employed on public c
works projects and on public building service maintenance contracts. (RCW 39.04.010, RCW E
39.12.010 and 020) It is the contractor's responsibility to be acquainted with and comply with State c
regulations regarding payment of prevailing wages on public works projects. Prevailing Wages are v
established by the Washington State Department of Labor and Industries and can be obtained on the
web at http://www.lni.wa.gov/TradesLicensing/PrevWa e/WageRates/default asp or by contacting Y
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 request for the service, and the effective wage rate to be applied to a specific E
project is to be based on the date of this bid during the original contract term, and if contract rn
extensions are granted,the prevailing wage rate in affect at the time of the latest extension.
3
Application: The Public Works Act regulates wages paid to workers, laborers and mechanics
performing public work. It does not apply to work that is clerical, executive administrative or E
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professional in nature. It does not apply to work of a secretary, engineer or administrator, unless
they are performing construction work, alteration work, repair work, etc. Prevailing wage a
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)
Definition:
Public Works is all work, construction, alteration, repair or improvement that is executed at the cost w
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 39.04.010)
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Public Building Service Maintenance Contracts: Prevailing wages are also required on all public E
building service maintenance (janitorial) contracts. (RCW 39.12.020)
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Contractors bidding a Public works project exceeding$1,000,000.00 must declare who their U-
HVAC, 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 E
responsive. (RCW 39.30.060). Such projects also have special considerations pertaining to use of v
apprentices (RCW 39.04.310, RCW 39.04.320, and RCW 39.04.350)
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Reciprocity.- In accordance with RCW 39.04.380 any bidding process for public works in which a N
bid is received from a nonresident contractor from a state that provides a percentage bidding v
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 from competitive bidding. E
• Prevailing Wage:
Definition: Prevailing Wage is the hourly wage, usual benefits and overtime,paid in the largest city a
in each county,to the majority of workers, laborers and mechanics. The rate is established by the
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Department of Labor and Industries for each trade and occupation employed in the performance of
public work. If Federal funds are used bidders must comply with provisions of Davis-Bacon Act.
Basic procedures: A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must
be filed and approved for the contractor and all subcontractors. No payments can be made until all E
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 39.12.030, 040, 042) Once the work is successfully completed,KCDA will release 95%of U_
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 0
E
from Washington State Department of Labor& Industries, Employment Security Department and E
the Department of Revenue, and acceptance of project completion to the satisfaction of the KCDA t)
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 Y
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and Affidavits must name the agency for whom work is being performed as the contract award
agency, not KCDA. c
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Federally Funded Projects: In addition to the Federal Requirements of Section III, Housing and
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Urban Development(HUD) Terms and Conditions,Davis-Bacon prevailing wage requirements
apply to public works construction contracts of$2000 or more when a project includes any federal 3
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 E
higher of the two prevailing wages. Applicable federal prevailing wage determinations can be found
at http://www.wdol.gov/. Contractors/Subcontractors must be knowledgeable and adhere to all a
federal prevailing wage requirements, including but not limited to paying workers weekly and
providing certified weekly payrolls for the contractor and subcontractors of any tier as required in c
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 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 w
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. Q-
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Responsible Bidder 2
Before award,the bidder must meet the following state responsibility criteria and, if applicable, a
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supplemental responsibility criteria to be considered a responsible bidder. The bidder is required to
submit documentation demonstrating compliance with the criteria.
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Low Responsible Bidder E
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
with chapter 18.27 RCW. E
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 N
v
or 39.12.065(3). a
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4. If applicable:
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 cc
Title 50 RCW; and a
c. Have a Washington State Department of Revenue state excise tax registration
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number, as required in Title 82 RCW. E
5.New bidder requirement. Certify that within the three-year immediately preceding
the bid solicitation date: Q.
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. E
b._As determined by a final and binding citation and notice of assessment issued
by the department of labor and industries or through a civil judgement entered by
a court of limited or general jurisdiction. U-
N
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C. As of July 1,2019, WA Labor and Industries has required all businesses to have public E
works training before bidding and/or performing work on public works projects. This E
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training requirement has been added to the responsible bidder criteria in RCW 39.04.350 and v
RCW 39.06.020. Awarding agencies are required to verify all contractors submitting bids
meet this requirement before awarding the contract. Y
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6. At the time of bid submittal, provide signed sworn statement in accordance with RCW
9A.72.085 verifying under penally or per jury that the bidder is in compliance with the new
responsible bidder criteria requirement. E
7. Supplemental Bidder Responsibility Criteria. If supplemental criteria apply to this project, .2
the criteria are included as "Exhibit A."The Bidder may make a written request to modify
any or all of the supplemental criteria. Modification of supplemental criteria shall be at 3
KCDA's discretion. Any modifications to the supplemental criteria shall be made by
addenda prior to bid opening. E
a)
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Subcontractor Responsibility a
The contractor shall include the language of this section in each of its first tier subcontracts, and shall �y
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. 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 meets the following bidder responsibility criteria: x
1. At the time of bid submittal,have a current certification of registration in compliance w
with chapter 18.27 RCW. �
2. Have a current Washington State Unified Business Identifier (UBI) number. cc
3.Not be disqualified from bidding on any public works contract under RCW 39.06.010 or Q-
39.12.065(3). E
4. If applicable:
a. Have Industrial Insurance (workers' compensation) coverage for the Bidder's a
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employees working in Washington State, as required in Title 51 RCW; LL
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 E
number, as required in Title 82 RCW 0
5. Have an electrical contractor license, if required by Chapter 19.28 RCW;
6. Have an elevator contractor license, if required by Chapter 70.87 RCW; m
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Bonds-Payment& Performance: N
The prime Contractor shall provide a Performance and Payment Bond at 100% of the contract price to the
LL
KCDA member with a copy to KCDA before work begins. The only exception is for 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 and the
Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever a
is later. The bond shall be issued by a surety company authorized to do business in the State of Washington
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and shall be on standard forms used for public projects (RCW 39.08.010) and as directed by the KCDA E
member.
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• Performance and Payment bonds for KCDA members outside Washington must be provided by
companies licensed to provide bonds for public entities in the member's state. E
Licenses m
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The prime contractor shall possess and maintain in current status all federal, state, and local licenses, bonds, ii
and permits required for the performance and delivery of any and all products and services offered in its c
response to the bid solicitation. Before submitting a bid, Bidders must hold a current, valid contractor's E
license as required in Washington. The contractor's license must be in the name of the legal entity E
submitting and signing the bid. A Bidder may not substitute a contractor's license held by a subcontractor v
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. Y
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It is the responsibility of the prime contractor to ensure any subcontractors performing under this
contract hold and maintain appropriate licenses. E
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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 3
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 E
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 a
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 subcontractors used in accordance
with RCW 39.06.020.
• Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the x
responsibility of the successful Contractor/Bidder. w
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• Certificate of Insurance: A certificate of insurance demonstrating current coverage of the types a,
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and amounts of insurance required by KCDA and the KCDA member must be provided to the D
KCDA member prior to performance of any work. In addition, the Commercial General Liability E
policies must be endorsed to name KCDA and the KCDA member as additional insureds. Such
policies must be further endorsed to 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 U-
excess and not contributing insurance with the Contractor's insurance. These endorsements must be
provided along with the certificate of insurance. The KCDA member must both approve the 0
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certificate of insurance and endorsements. E
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• Acceptable Pricing Method: c
KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, E
(i.e. sole source) in which KCDA and Vendor may mutually determine the Alternative Costing N
Method is acceptable. This will be the exception rather than the rule. RS Means or line item bid v
pricing is acceptable. U-
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• Progress Payments: E
The Contactor 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: Q
a. Contact Number
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b. Bid item ID, bid quantity, unit, unit price and description as appropriate E
c. Sales Tax as applicable
The Payment Request will be reviewed by the Member before payment is made. If the Member is in Q.
disagreement with the Payment Request, KCDA will issue a notice requesting a revised Payment
Request. E
KCDA, at its discretion, reserves the right to withhold payment on a given project, pending receipt 2
of payment from the customer. ii
c
In accordance with RCW 51.12.050, KCDA reserves the right to deduct from the payment any EE
outstanding industrial insurance premiums owed by the Contractor or Subcontractors. E
0
c)
® Payment Retainage:
In accordance with RCW 60.28 contract retainage [not to exceed five percent of the moneys earned Y
L
by the conti°actor toward completion of a public improvement contract] shal I be withheld and
reserved in one of two ways: c
a. As a trust fiend for the protection and payment of 1)the claims of any person arising E
under the contract, and 2) the state with respect to taxes imposed pursuant to Titles 50, y
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 3
Security Department, and the Department of Labor and Industries of the completion of =
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contracts over one hundred fifty thousand dollars. KCDA will issue payment on the E
retainage amount forty-five days after notice from the KCDA Member Agency that the 2
a�
contract has been accepted as complete or upon receipt of all necessary releases, Q
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
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 x
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must be submitted. ,
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e FORCE MAJEURE
Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default I
under this contract, if and to the extent that such party's performance of this contract is prevented by E
reason of force majeure. The term "force majeure" means an occurrence that is beyond the control
or responsibility 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 U_
labor disputes; civil disorders; fire; flood; snow; earthquakes; tornadoes or violent winds; hail =
storms; lockouts; injunctions-intervention-acts, or failures or refusals to act by government authority; 0
and other similar occurrences beyond the control or responsibility of the party declaring force E
majeure, which such party is unable to prevent by exercising reasonable diligence. The force c0�
majeure shall be deemed to commence when the party declaring it notifies the other party of the
existence of the force majeure, and shall be deemed to continue as long as the results or effects of the °'
E
force majeure prevent the party from resuming performance in accordance with the contract. The 2
party receiving the notice of force majeure may contest the declaration of a force majeure. Force v
majeure shall not include late deliveries of equipment or materials caused by congestion at a
manufacturer's 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 d
party shall notify the other party in writing of such delay within forty-eight (48) hours.
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I. PRICING E
IFB -The bidder shall submit pricing on the Pricing Pages included or on Attachment B in this IFB.
Vendor bid pricing shall include a 2% administrative fee on all line items and charges. The `—°
Q.
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 to the member agency. Pricing must include the 2% E
KCDA service fee so the service fee is invisible to KCDA members.
Q
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For all Integrated Security Systems & Fire Controls pricing may be by line item or discount off ii
manufacturer price list(Attachment B). Accessories and materials may be from other manufacturers or c
sources but must be identified and priced in the IFB response either by item or via catalog discount. On the E
pricing sheet, list and group accessories and materials by manufacturer for ease of identification. E
Respondents will choose onlypricing method to be used per manufacturer. Alternative pricing methods v
shall be addressed in Attachment B. Proposals received that provide both for a single manufacturer will be
found non-responsive. Y
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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, E
or not less than ninety (90) days prior to each contract anniversary date, awarded vendor may submit a fully
Cn
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 3
cost to awarded vendor that was out of awarded vendor's control.
E
KCDA will review requests for fixed price adjustments to determine if the new prices or another option is in
(D
member agencies' best interests. If accepted, new fixed prices shall apply to the contract upon approval a
from KCDA. Price changes shall be a factor in contract renewal.
as
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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 x
for the same scope, size and value. (If a KCDA member agency proposes to purchase a large volume of one w
product at one time and the awarded vendor agrees to provide an additional discount, that same volume
discount would be available to any KCDA member agency.) L
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It is understood and agreed upon between Bidder and KCDA that the Bidder's pricing does not include the E
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 Q
as
under"Options", or by RS Means, as indicated in bidder's response to this solicitation. E
w
Warranty: Describe the warranties that apply to the products offered in the IFB response and when warranty G
E
date will commence. Identify any website links that cover warranty information. The manufacturer has E
the primary responsibility to honor a manufacturer' warranty. Awarded vendor agrees to assist the member U
agency reach a solution in a dispute with the manufacturer over a warranty's terms. Any extended r_
manufacturer's warranty will be passed on to the member agencies. List any pricing applicable to E
warranties in Attachment D of the IFP response. Cn
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Risk of Loss or Damage: Awarded vendor shall retain title and control of all goods until they are delivered 'm
and received. All risk of transportation and all related charges shall be the responsibility of the awarded
vendor. The awarded vendor shall file all claims for visible or concealed damage. The member agency will E
notify the awarded 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 a
will be accepted.
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Taxes: Member agencies, who have obtained Integrated Security Systems &Fire Controls under the terms
of this contract, will be responsible for payment of all taxes related to acquisition of the Integrated Security
Systems & Fire Controls such as sales tax, property tax, etc. Awarded vendor must separately list all such
taxes on member proposal and subsequent invoice. E
Q
J. OPERATING LEASES L
ii
1. KCDA members may obtain contracted Integrated Security Systems & Fire Controls through an o
operating lease at rate(s) established in the contract if available no ownership of the machines, E
E
equipment and related products, is allowed at the end of the lease period). C
c)
Cancellation of lease agreements can only occur by the member agency in the case where the vendor Y
partner fails to maintain the Integrated Security Systems & Fire Controls, or if the member is no c
longer able to finance the remaining term of the lease. Such cancellation shall be permitted, without
penalty to the member agency with a thirty-day written notification to the vendor partner. E
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2. For each Integrated Security Systems & Fire Controls respondents are to identify a single percentage U)
to be applied to the manufacturer's list price operating lease rates for 36 months, 48 months, and 60 3
month terms. These percentages must be held firm and fixed during the term of the contract, except =
as may otherwise allowed elsewhere in this solicitation.
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3. With a member agencies minimum 30-day written notice prior to the end of the operating lease Q
agreement, the vendor partner shall remove any Integrated Security Systems & Fire Controls at no
additional cost to the member agency. Member agencies shall not purchase any Integrated Security c
Systems & Fire Controls at the end of the term of the operating lease. Should the member agency be
asked to sign an operating lease agreement by the vendor partner, any conflicts between the
provisions of the vendor's lease agreement and the terms and conditions of this contract shall be
resolved in favor of what is most beneficial to the member agency. w
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4. All operating lease totals must include the 2% service fee to be paid to KCDA. This fee must be paid
CD
to KCDA at the beginning of lease period. Alternate process for fee calculation and payment may be a
proposed and is subject to approval by KCDA. D
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K. STANDARD LEASES L
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1. Under standard leases, KCDA member agencies may have the option to acquire any Integrated c
Security Systems & Fire Controls specified in the contract (i.e. ownership of machines, equipment E
and related products will transfer to the member at the end of the lease period). Standard lease rate(s) v
must be established in the IFB response if available. Unless otherwise stated in the IFB response the uh
Purchase price(s) shall be used to determine standard lease rates.
E
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2. Cancellation of lease agreements can only occur by the member agency in the case where the vendor N
partner fails to maintain the Integrated Security Systems & Fire Controls, or if the member agency Q
is no longer able to finance the remaining term of the lease. Such cancellation shall be permitted, U`
without penalty to the member agency, with a thirty-day written notification to the vendor partner.
E
3. All standard lease totals must include the 2%service fee to be paid to KCDA. This fee must be paid
to KCDA at the beginning of the lease period. Alternate process for fee calculation and payment a
may be proposed and is subject to approval of KCDA.
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L. FUNDING OUT CLAUSE E
Any acquisition agreement with a KCDA member agency that exceeds one (1) year shall include a standard
"funding out" clause. Such an acquisition is a commitment of the entity's current revenue only,provided Q.
the agreement contains either or both of the following provisions:
1. Retains to the entity the continuing right to terminate the contract at the expiration of each budget E
period during the term of the agreement. `°
2. Conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the
acquisition. ii
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M. AUTHORIZED DEALERS/VENDOR PARTNERS EE
The bidder must secure from the manufacturer, if the bidder is not the manufacturer, a written guarantee E
0
executed by the manufacturer that the bidder is an authorized dealer of that manufacturer. This can be v
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 Y
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manufacturer.
Bidder may propose a network of authorized dealers/vendor partners through whom the bidder intends to E
perform the contract. Member agencies may be directed to bidders network of authorized dealers/vendor .2
partners for Integrated Security Systems &Fire Controls, however the awarded vendor shall be responsible
for the actual job performance of each and every authorized dealer/vendor partner. This includes, but is not 3
limited to proper ordering process and reporting, or 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 E
identify and list each of the authorized dealers/vendor partners they intend to involve in contract ;v
performance. a
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.
x
During the contract period, the awarded vendor or purchasing agent may remove an authorized w
dealer/vendor 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 the contract provided; C
• The request is in writing on awarded vendors letterhead. E
• It is filed with the Purchasing Agent a minimum of 30 calendar days before the effective date of the
proposed change;
• It clearly identifies the authorized dealers/vendor partners involved in the change; U-
It is accompanied by documentation acceptable to the Purchasing Agent sufficient to warrant the change. c
E
N. AWARD E
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1. Evaluation v
It is the intent of KCDA to award a manufacturer's complete line of products based on the r-
specifications provided when possible and advantageous. KCDA expects to award to the lowest E
responsive and responsible bidder per unique manufacturer specifications that meet IFB terms,
conditions, and criteria specified. An award is at the sole discretion of KCDA. KCDA reserves the Q
right to reject any or all proposals, accept the proposal(s) that are deemed most advantageous for a_
KCDA member agencies, and waive any irregularities in the solicitation process.
E
Awarded vendors will be required to turn in updated specifications for the manufacturers awarded.
a
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The following criteria will be used in evaluating responses to this IFB. An award is anticipated to be E
made to a bidder with the highest rating per manufacturer product line. Subsequently, multiple 0
awards may be made. Q.
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Evaluation Criteria and Weight E
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Proper submission of proposal 10
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Comprehensiveness of product and 10 c
services provided 0
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Related Experience 15 E
Pricing 50 V
Presentation of frill and complete Y
product offering that can meet 15 L
variety of member agencies
requirements/timeline. N
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TOTAL POSSIBLE POINTS 100 m
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Clarification and/or Discussions '
Clarification of a response may be necessary. KCDA will communicate with the bidder(s) for the purpose
of eliminating minor errors, clerical errors, and/or irregularities. Clarification is accomplished by E
explanation or substantiation, either in response to an inquiry from KCDA or an inquiry initiated by a d
bidder. Clarification does not give a bidder the opportunity to revise, change or modify their response in Q
any way. Discussion takes place after the initial receipt of proposals. KCDA reserves the right to conduct
discussions with bidders whose responses are 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 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 w
bidders.
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Competitive Rant4e: KCDA reserves the right to establish a competitive range of acceptable responses as
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part of the evaluation process as defined herein. Responses below the competitive range will be determined
to be unacceptable and will not receive further consideration. E
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O. ORDER PROCESS & REPORTING L
1. The awarded Vendor must verify the Vendor's customer is a KCDA member. A current list of '_
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members is posted on the KCDA website under KCDA membership. If the Vendor's customer is not =
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posted on the KCDA website, the Vendor must verify with the KCDA Purchasing Agent the member is E
valid. If the customer is not valid, the Purchasing Agent will determine if the customer can participate 0
in the KCDA contract and contact the Vendor's customer to give them instructions on the paperwork
which needs to be submitted.
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2. The awarded vendor will submit a signed and dated proposal or quote to a KCDA member in in
accordance with the pricing awarded under this bid. Allpricinlz must include the KCDA 2% service a
fee_as_a part of the price to the customer. Do not list the 2% as a separate line item. U_
Pricing may be reduced for large sites, volume purchases, or special conditions, but may not exceed bid E
pricing. If reductions are offered to one agency, such reductions must also be available to any other
agency with the same circumstances. It is anticipated that pricing would be lowered if a member Q
agency's location allowed for a significantly lower prevailing wage rate used in calculating bid pricing,
providing the contractor to submit a competitive market proposal to the member.
Packet Pg. 131771
8.D.b
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3. The Vendor's proposal to the KCDA member must specifically state the KCDA bid name & number, E
and identify the contact name, e-mail address and phone#for the person responsible for approving the
work. This information is critical and if not provided may be grounds for delaying the approval of the
order.
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4. KCDA members may have specific ordering requirements to meet their individual policies and a
procedures, such as requiring certificates of insurance or performance bonds, approval processes, etc. L
Vendor is required to determine what those requirements might be and conform to such procedures. U_
Questions pertaining to the scope of covered services should be directed to KCDA. c
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5. KCDA members PO must be made out to KCDA. E
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6. The vendor will e-mail KCDA a copy of the proposal submitted to the member and the member's
PO. KCDA will review and approve the order via e-mail within 48 hours, provided that adequate Y
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information has been given to verify that contract pricing has been applied and proposal is within
scope of the contract. Additional information may be requested if needed. Failure to provide
adequate information may result in delay of approval. E
7. KCDA will create Purchase Order to the vendor authorizing the vendor to proceed with the order. y
8. A copy will be kept on file at KCDA.
9. Services must not commence using the KCDA contract without a Purchase Order from KCDA. 3
10. Orders processed against this contract with Vendor customers who are not KCDA members or
without a purchase order from KCDA are in violation of the contract. Vendors not following proper E
procedures may be removed from consideration for future awards.
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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
vendor. --
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P. CHRISTIAN DOCTRINE Any federal, state and local governing authority's/jurisdiction's statutes, w
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
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as required. It is sole responsibility of the Bidder to perform and complete any necessary research andCL
investigation required to make themselves aware of and comply with this item. E
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8.D.b
RESPONSIBLE BIDDER FORM
(Contractor's Qualifications)
Bid#21-360 Integrated Security Systems& Fire Controls 0)
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The information provided in this form is part of the KCDA's inquiry concerning bidder responsibility.
Please print clearly or type. If you need more space, use plain paper. E
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Company Name Siemens Industry, Inc.
Address 15900 SE Eastgate Way, Suite 200 Bellevue, WA 98008
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Payment Address P.O. Box 2134 Carol Stream, IL 60132-2134 0
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Contact Telephone No. ( 425 ) 301-9788 0
Contact Person for this Bid: Ron Nyberg v
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Contact Address: 15900 SE Eastgate Way, Suite 200 Bellevue, WA 98008 Y
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State of WA Department of '~
Licensing Contractor's Registration No. SIEME11919PP
State of WA UBI Number 601-906-563
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State of WA Department of +'
Employment Security No. 7250003
Washington State Excise Tax Registration No. 601-906-563 E
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Federal Tax ID Number 13-2762488 a
DUNS Number 01-094-4650
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"Please provide a current copy of Certificates of Insurance. -W
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Number of years the Contractor has been engaged in the business under the present company name, as x
indicated above 49 Years W
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References: KCDA may conduct reference checks during considerations for award. In the
Event that information obtained from the reference checks reveals concern about the bidder's past a
performance on projects identified as meeting the bidder qualification requirements or their ability to
successfully perform the work, KCDA may determine that the bidder is not a responsible bidder. In E
conducting reference checks, KCDA may include itself or other government agencies and businesses as
a reference if the bidder has performed the work, even if the bidder did not identify these sources as a Q
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reference.
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List any major projects of similar nature which have been completed by or supervised by the Contractor 0
within the last 5 years and the gross dollar amount of each project. E
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Name of project Amount Owner Phone# L?
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Various Projects $400,000 Kent School District (253) 373-7000 2
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Various Projects $700,000 Northshore School District (425)408-6000
Various Projects $1,000,000 City of Redmond (425) 556-2900
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KCDA Integrated Security Systems & Fire Controls BID#21-360
Packet Pg. 134
8.D.b
KCDAPURCHA SING COOPERATIVE
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18639-80TH Ave S. • P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115• Fax 253-395-5402• www.kcda.org 0)
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October 22, 2021 E
Siemens Q
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Attn: Kenneth Drew Jr and Ron Nyberg
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15900 SE Eastgate, Suite 200 ,n
Bellevue, WA 98008 0
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The KCDA Board of Directors, at their October 21, 2021 meeting, awarded the following to Siemens 0
based upon the response to the KCDA 21-360 and Integrated Security Systems & Fire Controls. V
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Category Siemens Y
Intrusion Detection Bosch
Access Contol Equipment Genetec c
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Siemens E
Software House
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Fire Control Equipment and Access Siemens E
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KCDA also awards Siemens the installation and services included in this solicitation.
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Please note the bid submitted by Siemens, the award by KCDA Board of Directors, and the signed
award letter, forms a contract based upon the terms and conditions set forth in KCDA#21-360 and
Integrated Security Systems & Fire Controls. This contract is in effect starting November 1st, 2021
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through October 31,2022 with options to renew for three one-year periods at the mutual discretion of x
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KCDA and Siemens.
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Please acknowledge receipt of this contract by signing below and returning this contract to
Karl Durham kdurham@kcda.ory Q-
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Company Name: Siemens Q
Signature /l¢.�Z� LL
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Name (printed) Kenneth Ray Drew, Jr. G
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Title Area Sales Manager 0
Date 10/26/2021 _ E
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Phone 425-449-2213 N
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KCDAP' URCHA SING COOPERATIVE E
18639-80TH Ave S.• P.O.Box 5550•Kent,WA 98064-5550•Phone 425-251-8115•Fax 253-395-5402• www.kcda.org a)
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October 25',2023 Q
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Siemens Industry, Inc. Smart Infrastructure c
Attn: Paul Pritchard E
BOAROF
D RECTORS 15900 SE Eastgate Way, Suite 200 0
Bellevue,WA 98008
Division 1
Paul.pritchardksiemens.com
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TIM L
CLARK 0
Kent
School District 415 The KCDA Board of Directors, at their October 24t1i,2023 meeting, approved the extension#2 c
of KCDA contract#21-360,Integrated Security and Fire Controls. E
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Division 2 Cn
STEFANIE Terms and conditions of the contract remain the same in extension#2 except for the new t
MCIRVIN Siemens payment terms submitted as attached with the Vendor Award letter.New Pricing sheetRenton
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School District 403 was submitted and will go into effect in the contract extension#2. �
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This contract extension#2 will begin on November 1",2023 and run through October 3 V,2024.
Division 3 L
LORI
METSCHAN Please acknowledge receipt of this contract extension by signing below and returning to a
Enumclaw Karl Durham, kdurham(&kcda.org
School District 216 p
Division 4
VACANT t
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Company Name Siemens Industry, Inc. w
Division 5 Electronically signed by.Alex
RAM DUTT Kleiman to
VEDULLAPALLI Signature � K Date:Oct 31,2023 09:33 PDT
Snoqualmie Valley
School District 410 Alex Kleiman E
Name(printed)
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Title Branch General Manager
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Date 10/31/2023 0
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Phone 425-507-4300 v
Email a[eiandro.kleiman@siemens.com
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King County Directors' Association Q
A Public Procurement Agency
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8.D.b
Siemens Industry, Inc.
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Aug 22, 2023
Dear KCDA Team,
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Please reference below the updated payment terms to be included in U_
proposals going forward. This is to ensure we have secured funding for 0
engineering, upfront project management and procurement costs, and paying E
our material suppliers.
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o Installation Projects including Labor & Material ,o
■ 25% up-front upon proposal approval / contract signature / L01 / PO
■ Material to be invoiced (in whole or part) upon receipt at Siemens E
local warehouse or project job site
■ Progress billings thereafter
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o Material Only
■ 50% up-front upon proposal approval / contract signature / L01 / PO a
■ Material to be invoiced (in whole or part) upon receipt at Siemens M
local warehouse or customer's warehouse.
■ 100% invoice thereafter.
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With best regards, Q
Abbas Kazmi E
Sr. Director Finance - Pacific Northwest Q
abbas.kazmi@siemens.com U_
+1 (732) 331-4583 c
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CC: Alex Kleiman, WA Branch General Manager U
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Siemens Industry Inc.
Smart Infrastructure Division Q
15900 SE Eastgate Way, Ste.200 I Bellevue, WA 98008
Packet Pg. 137
8.E
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KENT
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: King County Veterans, Seniors, and Human Services Levy
for 2024-2026 - Authorize
MOTION: I move to accept grant funds from King County in the amount of
$827,366 through the King County Veterans, Seniors, and Human Services
Levy, amend the budget, authorize expenditure of the grant funds, and
delegate authority to the Mayor to approve and execute an agreement with
King County for the use of these grant funds, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
SUMMARY: The Parks, Recreation and Community Services Department's Senior
Activity Center was awarded $827,366 from the King County Veterans, Seniors and
Human Services Levy (VSHSL) in 2024. The Levy funds will enable the Kent Senior
Activity Center to continue its work in becoming a more inclusive senior hub,
providing seniors and/or caregivers who live in the City of Kent and surrounding
areas of unincorporated King County with opportunities to experience social
engagement and connection, to engage in activities that promote healthy aging,
and to access resources that support seniors to live in their communities of choice.
These funds will also be used for the continued funding of two limited-term
employees - a Senior Center Outreach Coordinator and Senior Center Program
Assistant. These two full time employees will be funded 100% by VSHSL funding.
Acceptance of VSHSL funding is contingent on the execution of a contract with King
County, which will be provided to the City and reviewed by the Law Department
prior to execution by the Mayor and King County. Although King County has asked
City staff to obtain Council approval of this levy by October 1st, King County has not
yet provided the final contract terms that will apply to the City's receipt of these
levy funds. However, the City anticipates that the final contract terms will be
substantially similar to those imposed through the previous levy agreement, a copy
of which is attached for Council's ease of reference.
If Council approves this motion, it will delegate to the Mayor its contract authority,
allowing the Mayor to sign the levy agreement without further approval of Council,
upon terms and conditions the Mayor in her sole discretion determines are
appropriate.
Packet Pg. 138
8.E
BUDGET IMPACT: Increase revenues and expenditures of $827,366 for the King
County Veterans, Seniors, and Human Levy in the Human Services project 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.
ATTACHMENTS:
1. King County Veterans, Seniors, and Human Services Levy for 2024-2026
(PDF)
2. RSEN-VSHS_Levy_2024-2026 (PDF)
09/03/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 9/17/2024
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Boyce, Boyd, Fincher, Larimer, Troutner
Packet Pg. 139
EXHIBIT A
8.E.a
King County
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Adult Services Division
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Department of Community and Human Services
2
401 Fifth Avenue,Suite 500
Seattle,WA 98104
206-263-9105 Fax 206-205-6565
TTY Relay 711 0
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May 1, 2024 L
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Cindy Robinson >
Kent Senior Activity Center - City of Kent
600 East Smith St c
Kent, WA 98030 U
crobinson@kentwa.gov Y
RE: Veterans, Seniors, and Human Services Levy (VSHSL) — SE 1: Support Senior o
Centers Request for Proposal 7t
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Dear Cindy Robinson: o
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Thank you for your agency's application and your service to the community. During this °
application process, we received 51 applications requesting $30,042,747 in funding.
With approximately $16,652,983 in available funding, funding decisions were
competitive. A complete list of awarded agencies is attached.
On behalf of the Adult Services Division (ASD) we are pleased to inform you that your in
agency has been awarded a total of $827,366 covering the period 7/1/2024 -
12/31/2026 to fund your proposed program. Funding breakdown by calendar year is ;
shown in the table below. _
c
Award Period Amount L
7/1/2024 - 12/31/2024 $162,229 .0
1/1/2025 - 12/31/2025 $324,457 cn
1/1/2026 - 12/31/2026 $340,680
Total $827,366
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This award is conditioned upon your compliance with applicable State and County laws, ;
the terms and conditions specified in the RFP, and your proposal response. The award 0
is further conditioned upon formal execution of a written contract by King County and
may be revoked prior to that time with no penalty to King County. Until the contract is Y
executed, any work done on the project or commitment of any funds is at your own risk.
Staff from the Adult Services Division will contact you shortly to begin discussions about E
contract terms and performance measures. U
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Packet Pg. 140
Cindy Robinson - Kent Senior Activity Center - City of Kent
May 1 , 2024
Page 2 of 2
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We look forward to working with you to provide seniors and their caregivers with
inclusive & vibrant gathering spaces as part of the King County Senior Center Network.
L
If you have any questions regarding your award, please contact Norah Erwin-Stewart,
Older Adults & Healthy Aging Community Investment Team Lead at cn
nerwinst@kingcounty.gov or 206-263-9893.
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Norah Erwin-Stewart will contact you soon with next steps.
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Sincerely,
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Leon Richardson
Division Director, Adult Services Division
Attachment (1): VSHSL_SE1_ListofAwardedAgencies.pdf o
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cc: Kelly Rider, Acting Director, Department of Community and Human Services N
(DCHS) L
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Christian Diaz, Chief Financial Officer, DCHS
Erik Hickly, Community Investment Team Senior Manager, ASD, DCHS J
Jamie Lee, Operations Senior Manager, ASD, DCHS
Norah Erwin-Stewart, Older Adults & Healthy Aging Community Investment
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Team Lead, ASD, DCHS
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EXHIBIT B
8.E.a
Veterans,Seniors and Human Services Levy(VSHSL)—SE 1: Support Senior Centers Request for Proposal
Awarded Agencies,July 1, 2024—Dec 31,2026
c
Asian Counseling& Referral Service E
Ballard NW Senior Center =
Black Diamond Community Center Senior Center c
Central Area Senior Center ui
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Chinese Information and Service Center c
City of Auburn Senior Activity Center
City of Bellevue North Bellevue Community Center c
City of Burien Community Center
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City of Enumclaw Senior Center
City of Issaquah Senior Center
City of Pacific Senior Center
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City of Redmond Senior&Community Center v
City of SeaTac Senior Program
City of Tukwila Community Center 1
East African Senior Center c
El Centro de la Raza Senior Center
Eritrean Association Elder Village c
Federal Way Senior Center
Filipino Community of Seattle o
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GenPride Senior Center o
Greater Maple Valley Community Center >,
Greenwood Senior Center d
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Indian American Community Services Senior Center
International Drop-In Center
Kent Senior Activity Center N
Korean Women's Association
Lake City Senior Center
Mt Si Senior Center =
Northshore Senior Center coo
Pike Market Senior Center ;n
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Seattle Indian Health Board Elders Program
Senior Center of West Seattle U)
Shoreline Lake Forest Park Senior Center
Sno-Valley Senior Center ;
South Park Senior Center >
Southeast Seattle Senior Center r
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United Indians of All Tribes o
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Vashon-Maury Senior Center a�
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Wallingford Community Senior Center Y
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8.E.b
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King CAmntyN
Department of Community and Human Services
@HDR_DIVISION t
401 Fifth Avenue,Suite 500
Seattle,WA 98104 Q
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KING COUNTY DEPARTMENT OF COMMUNITY AND HUMAN SERVICES CONTRACT o
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Contractor
Contract Title J
Contract Amount $
Contract Period From: To
UEI No. (if applicable) SAM No.(if applicable) v)
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THIS CONTRACT No. is entered into by KING COUNTY (the "County"), and (the =
"Contractor") whose address is
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FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES o
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WHEREAS, the County has been advised that the foregoing are the current funding sources, L
funding levels and effective dates, and
WHEREAS, the County desires to have certain services performed by the Contractor as
described in this Contract, c
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NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter c
mentioned, to be made and performed by the parties hereto, the parties mutually agree as Y
follows.
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STANDARD TERMS AND CONDITIONS
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1. Contract Services and Requirements, and Incorporated Exhibits. o
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The Contractor shall provide services and meet the requirements included in these Standard
Terms and Conditions and in the following attached Exhibits, each of which is incorporated -I
herein by this reference: _
EXHIBIT NAME EXHIBIT NUMBER w
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If you require accommodation to access this form, alternate
formats are available upon request.
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8.E.b
2. Contract Term
This Contract shall begin on , and shall terminate on , unless extended or N
terminated earlier, pursuant to the terms and conditions of the Contract. 0
3. Compensation and Method of Payment a
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A. Compensation: N
The County shall compensate the Contractor for satisfactory completion of the services N
and requirements as specified in this Contract and its attached Exhibit(s). `o
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B. Invoicing:
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The Contractor shall submit invoices and all accompanying reports as specified in the U
attached Exhibit(s), including its final invoice and all outstanding reports. The County shall
endeavor to make payment not more than 30 days after a complete and accurate invoice U)
is received.
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C. Final Invoice: _
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The Contractor shall submit its final invoice and all outstanding reports as specified in this `°
Contract and its attached Exhibit(s). If the Contractor's final invoice and reports are not o
submitted as required, the County will be relieved of all liability for payment to the
Contractor of the amounts set forth in the final invoice or any later invoice. cn
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D. Reimbursement for Travel:
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4. Internal Control and Accounting System v
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The Contractor shall establish and maintain a system of accounting and internal controls that Y
complies with the generally accepted accounting principles issued by the Financial AccountingCD
Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is
applicable to the Contractor's form of doing business.
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5. Debarment and Suspension Certification
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Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are
excluded from receiving federal funds and contracting with the County. The Contractor, by >�
signature to this Contract, certifies that the Contractor is not currently debarred, suspended, or Ji
proposed for debarment, by any Federal department or agency. The Contractor shall not enter =
into a subcontract with a person or entity that is debarred, suspended, or proposed for
debarment. The Contractor shall notify King County if it, or a Subcontractor, is debarred, z
suspended, or proposed for debarment, by any Federal department or agency. Debarment LU
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status may be verified at https://www.sam.gov/.
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6. Maintenance of Records E
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A. Accounts and Records:
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Page 2 of 20 Contract-@CN1
Packet Pg. 144
8.E.b
The Contractor shall maintain the following for a period of six years after termination of
this Contract: accounts and records, including personnel, property, financial,
programmatic records, and other such records the County may deem necessary to N
ensure proper accounting and compliance with this Contract. 0
B. Nondiscrimination and Equal Employment Records: a
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In accordance with the nondiscrimination and equal employment opportunity N
requirements set forth in Section 17. below, the Contractor shall maintain the following for N
a period of six years after termination of this Contract: N
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i. Records of employment, employment advertisements, application forms, other data,
records, and information related to employment, applications for employment or the
administration or delivery of services or any other benefits under this Contract; and N
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ii. Records, including written quotes, bids, estimates or proposals, submitted to the
Contractor by all entities seeking to participate in this Contract, and any other U)
information necessary to document the actual use of and payments to
Subcontractors and suppliers in this Contract, including employment records. E
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The County may visit the site of the work and the Contractor's office to review these
records. The Contractor shall provide all help requested by the County during such
visits and make the foregoing records available to the County for inspection and o
copying. At all reasonable times, the Contractor shall provide to the County, the
state, and/or federal agencies or officials access to its facilities—including those of cn
any Subcontractor assigned any portion of this Contract in order to monitor and
evaluate the services provided under this Contract. The County will give reasonable a
advance notice to the Contractor in the case of audits to be conducted by the
County. The Contractor shall comply with all record keeping requirements of any
applicable federal rules, regulations, or statutes included or referenced in the c
Contract documents. If different from the Contractor's address listed above, the o
Contractor shall inform the County in writing of the location of its books, records, v
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documents, and other evidence for which review is sought, and shall notify the
County in writing of any changes in location within 10 working days of any such Y
relocation.
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7. Evaluations and Inspections
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A. Subject to Inspection, Review, or Audit:
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The records and documents with respect to all matters covered by this Contract shall be
subject at all times to inspection, review, or audit by the County and/or federal/state >�
officials authorized by law during the performance of this Contract and for six years after Ji
termination hereof, unless a longer retention period is required by law. _
B. Medical Records:
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If applicable, medical records shall be maintained and preserved by the Contractor in
accordance with state and federal medical records statutes, including but not limited to c
Revised Code of Washington (RCW) 70.41.190, 70.02.160, and standard medical records E
practice. The Contractor shall also be responsible for the maintenance and disposal of U
such medical records.
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Page 3 of 20 Contract-@CN1
Packet Pg. 145
8.E.b
C. Contract Monitoring:
The Contractor and the County shall engage in monitoring visits to assess the N
Contractor's compliance with Contract requirements, quality, and practices. The County 0
will execute monitoring visits in accordance with the applicable frequency, as prescribed ;
by the controlling Exhibit(s) under this Contract. The Contractor shall cooperate with the a
County and its agents to assess the Contractor's performance under this Contract. At the N
request of the County, the Contractor shall implement a plan to remedy any items of N
noncompliance identified during the monitoring process. N
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The results and records of these processes shall be maintained and disclosed in `o
accordance with RCW Chapter 42.56.
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Exhibit(s) to this Contract. The Contractor shall participate in evaluation activities as v)
required by the County and shall make available all information required by any such
performance measurement and evaluation processes. E
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E. Unauthorized Disclosure:
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The Contractor shall protect from unauthorized disclosure all information, records, and o
data collected in connection with this Contract in accordance with applicable state and
federal law. cn
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8. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
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The Contractor shall not use protected health information created or shared under this Contract
in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant c
to its provisions. Contractor shall read and maintain compliance with all HIPAA requirements, c
which can be found at https://www.kingcountV.gov/depts/community-human- v
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services/contracts/requirements.aspx.
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9. Financial Report Submission
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The Contractor is required to submit a financial reporting package as described in Subsections
A through C below. All required documentation shall be submitted by email to 0
DCHSContracts(a-)_kingcounty.gov by the stated due date. le
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A. If the Contractor is a Non-Federal entity as defined in 2 Code of Federal Regulations
(CFR) Part 200.69 and expends $750,000 or more in Federal awards during its fiscal >�
year, then the Contractor shall meet the audit requirements in 2 CFR Part 200 Subpart F. Ji
Audit packages are due to the County within nine months after the close of the =
Contractor's fiscal year. >
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B. If the Contractor is a local government in the State of Washington and is not subject to the LU
requirements in Subsection A, the Contractor shall submit audited financial statements
that are in accordance with the Washington State Auditor's Office requirements. Financial c
statement audits are due to the County within 150 days after the close of the Contractor's E
fiscal year end as required by RCW 43.09.230. U
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8.E.b
C. If the Contractor is not subject to the requirements in Subsection A or B, the following
apply:
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Entity Type Non-Profit For Profit 0
Gross Gross Revenue Gross Revenue Gross Revenue Gross Revenue ;
Revenue Under 3M on Over 3M on Under 3M on Over 3M on a
average in the average in the average in the average in the N
previous three previous three previous three previous three N
fiscal years. fiscal years. fiscal Vears. fiscal years. N
Required Form 990 Audited financial • Income tax Audited financial N
Documentation within 30 days statements return; and statements `o
of its being prepared by an • A full set of prepared by an
filed; and independent annual internal independent J
• A full set of Certified Public financial Certified Public
annual internal Accountant or statements Accountant or
financial Accounting Firm Accounting Firm
statements U)
Due Date Within 30 Within nine Within 30 Within nine o
calendar days months following calendar days months following
from the forms the close of the from the forms the close of the =
being filed. Contractor's fiscal being filed. Contractor's
year. fiscal year.
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D. Waiver:
A Contractor that is not subject to the requirements in Subsection A may, in extraordinary
circumstances, request, and in the County's sole discretion, be granted, a one-year
waiver of the audit requirements. Such requests are made to the County at:
DCHSContracts(a)-kingcounty.gov for review. If approved by the County, the Contractor r
may substitute for the above requirements other forms of financial reporting or fiscal
representation certified by the Contractor's Board of Directors, provided the Contractor
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meets the following criteria:
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i. Financial reporting and any associated management letter show no reportable
conditions or internal control issues; and c
ii. There has been no turnover in key staff since the beginning of the period for which N
the financial reporting was completed. N
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10. Corrective Action N
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If the County determines that the Contractor has failed to comply with any terms or conditions of J
this Contract, or the Contractor has failed to provide in any manner the work or services (each a NI
"breach"), and if the County determines that the breach warrants corrective action, the following M
procedure will apply: >
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A. Written Notification: U)
The County will notify the Contractor in writing of the nature of the breach.
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B. Contractor's Corrective Action Plan: U
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Page 5 of 20 Contract-@CN1
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8.E.b
The Contractor shall respond with a written corrective action plan within ten working days
of its receipt of such notification unless the County, at its sole discretion, extends in
writing the response time. The plan shall indicate the steps being taken to correct the N
specified breach and shall specify the proposed completion date for curing the breach. o
This date shall not be more 30 days from the date of the Contractor's response, unless
the County, at its sole discretion, specifies in writing an extension to complete the a
corrective actions.
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C. County's Determination of Corrective Action Plan Sufficiency: N
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The County will determine the sufficiency of the Contractor's proposed corrective action `o
plan, then notify the Contractor in writing of that determination. The determination of
sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the
County. N
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D. Termination or Suspension:
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If the Contractor does not respond within the appropriate time with a corrective action
plan, or the Contractor's corrective action plan is determined by the County to be E
insufficient, the County may terminate or suspend this Contract in whole or in part =
pursuant to Section 12.
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E. Withholding Payment: o
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In addition, the County may withhold any payment to the Contractor or prohibit the in
Contractor from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed. ;a
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F. Non-Waiver of Rights:
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Nothing herein shall be deemed to affect or waive any rights the parties may have c
pursuant to Section 12, Subsections B, C, or D. v
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11. Dispute Resolution Y
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The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems
that arise in connection with this Contract. Both parties will make a good faith effort to continue
without delay to carry out their respective responsibilities under this Contract while attempting to c
resolve the dispute under this Section.
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12. Termination `IA
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A. Termination for Convenience: J
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This Contract may be terminated by the County without cause, in whole or in part, at any
time during the term specified in Section 2. above, by providing the Contractor 30 z
calendar days advance written notice of the termination. The Contract may be suspended LU
by the County without cause, in whole or in part, at any time during the term specified in
Section 2. above, by providing the Contractor 30 calendar days advance written notice of c
the suspension. E
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B. Termination for Default:
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Page 6 of 20 Contract-@CN1
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8.E.b
The County may terminate or suspend this Contract, in whole or in part, upon seven
business days advance written notice if: (1) the Contractor breaches any duty, obligation,
or service required pursuant to this Contract and either (a) the corrective action process N
described in Section 10. fails to cure the breach or (b) the County determines that 0
requiring a corrective action plan is impractical or that the duties, obligations, or services ;
required herein become impossible, illegal, or not feasible. If the Contract is terminated by a
the County pursuant to this Subsection 12.B., the Contractor shall be liable for damages, N
including any additional costs of procuring similar services from another source. N
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If the termination results from acts or omissions of the Contractor, including but not limited N
to misappropriation, nonperformance of required services, or fiscal mismanagement, the `o
Contractor shall return to the County immediately any funds, misappropriated or
unexpended, that have been paid to the Contractor by the County.
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C. Termination for Non-Appropriation: U
If expected or actual funding is withdrawn, reduced, or limited in any way prior to the U)
termination date set forth above in Section 2., the County may, upon seven business days
advance written notice to the Contractor, terminate or suspend this Contract in whole or in E
part. _
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If the Contract is terminated or suspended as provided in this Subsection 12.C.: (1) the `°
County will be liable only for payment in accordance with the terms of this Contract for o
services rendered prior to the effective date of termination or suspension; and (2) the
Contractor shall be released from any obligation to provide such further services pursuant cn
to the Contract as are affected by the termination or suspension.
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Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the County Council and/or other identified funding
source(s) of sufficient funds to support the activities described in the Contract. If such c
appropriation is not approved, this Contract will terminate at the close of the current c
appropriation year. The current funding sources associated with this Contract are v
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specified on page one.
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If the Contract is suspended as provided in this Section, the County may provide written
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authorization to resume activities.
D. Non-Waiver of Rights: c
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Nothing herein shall limit, waive, or extinguish any right or remedy provided by this o
Contract or by law or equity that either party may have if any of the obligations, terms, and
conditions set forth in this Contract are breached by the other party. >0
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13. Hold Harmless and Indemnification N
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A. Duties as Independent Contractor:
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In providing services under this Contract, the Contractor is an independent contractor,
and neither it nor its officers, agents, or employees are employees of the County for any c
purpose. The Contractor shall be responsible for all federal and/or state tax, industrial E
insurance, and Social Security liability that may result from the performance of and U
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law. a
Page 7 of 20 Contract-@CN1
Packet Pg. 149
8.E.b
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by N
reason of this Contract. o
The Contractor shall protect, indemnify, defend, and save harmless the County, its a
officers, agents, and employees from and against any and all claims, costs, and/or losses N
whatsoever occurring or resulting from (1) the Contractor's failure to pay any such N
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of N
work, services, materials, or supplies by Contractor employees or other suppliers in N
connection with or support of the performance of this Contract. `o
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B. Contractor's Duty to Repay County:
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The Contractor is financially responsible for and shall repay the County all indicated U
amounts following an audit exception which occurs due to the negligence, intentional act,
and/or failure, for any reason, to comply with the terms of this Contract, by the Contractor, v)
its officers, employees, agents, and/or representatives. This duty to repay the County
shall not be diminished or extinguished by the termination of the Contract. E
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C. Contractor Indemnifies County:
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To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify, o
and save harmless the County, its officers, employees, and agents from any and all costs,
claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, cn
the negligent acts or omissions of the Contractor, its officers, employees, Subcontractors
and/or agents, in its performance or non-performance of its obligations under this
Contract. The Contractor's obligations under this Subsection U.C. shall extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or
agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as c
respects the County only, any immunity that would otherwise be available against such c
claims under any industrial insurance act, including Title 51 RCW, other Workers' v
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Compensation act, disability benefit act, or other employee benefit act of any jurisdiction
which would otherwise be applicable in the case of such claim. In addition, the Contractor Y
shall protect and assume the defense of the County and its officers, agents, and
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employees in all legal or claim proceedings arising out of, in connection with, or incidental
to its indemnity obligation; and shall pay all defense expenses, including reasonable
attorney's fees, expert fees, and costs incurred by the County on account of such litigation c
or claims. If the County incurs any judgment, award, and/or cost arising therefrom
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including reasonable attorneys' fees to enforce the provisions of this article, all such fees, o
expenses, and costs shall be recoverable from the Contractor.
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D. County Indemnifies Contractor: J
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To the maximum extent permitted by law, the County shall protect, defend, indemnify, and
save harmless the Contractor, its officers, employees, and agents from any and all costs, z
claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, LU
the negligent acts or omissions of the County, its officers, employees, and/or agents, in its
performance and/or non-performance of its obligations under this Contract. The County's c
obligations under this Subsection 13.D. extend to any claim, demand, and/or cause of E
action brought by, or on behalf of, any of its employees or agents. For this purpose, the U
County, by mutual negotiation, hereby waives, as respects the Contractor only, any
immunity that would otherwise be available against such claims under the Industrial a
Page 8 of 20 Contract-@CN1
Packet Pg. 150
8.E.b
Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment,
award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the N
County. 0
E. Intellectual Property Infringement: a
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For purposes of this Subsection 13.E., claims shall include, but not be limited to, N
assertions that use or transfer of software, book, document, report, film, tape, or sound N
reproduction or material of any kind, delivered hereunder, constitutes an infringement of N
any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade `o
practice.
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The indemnification, protection, defense, and save harmless obligations contained herein N
shall survive the expiration, abandonment, or termination of this Contract. U
14. Insurance Requirements v)
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Contractor shall provide evidence of the insurance required under this Contract, including a E
Certificate of Insurance and endorsements covering King County as additional insured for full x
coverage and policy limits within 30 calendar days of Contract execution. Evidence of insurance
and endorsements shall be submitted by email to DCHSContracts(a-)_kingcounty.gov. The `°
Contractor may request additional time to provide the required documents by emailing o
DCHSContracts(a)-kingcounty.gov. Extensions will be granted at the sole discretion of the
County. All evidence of insurance shall be signed by a properly authorized officer, agent, cn
general agent, or qualified representative of the insurer(s), shall certify the name of the
insured(s), the type and amount of insurance, the inception and expiration dates, contract
number, and shall state that the County shall receive notice at least thirty (30) days prior to the
effective date of any cancellation, lapse, or material change in the policy. Similar documentation
confirming renewal of required insurance shall be provided on each insurance renewal date. c
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In the event of a loss, the County reserves the right to require complete, certified copies of all v
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required insurance policies, including endorsements and riders, which may be redacted of any
confidential or proprietary information. Contractor shall deliver such policies to the County within Y
five (5) business days of County's request.
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County's receipt or acceptance of Contractor's evidence of insurance at any time without
comment or objection, or County's failure to request certified copies of such insurance, does not c
waive, alter, modify, or invalidate any of the insurance requirements set forth in this Section or,
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consequently, constitute County's acceptance of the adequacy of Contractor's insurance. o
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Unless otherwise provided in an Exhibit to this Contract, the Contractor shall purchase and
maintain, at its sole cost and expense, the minimum insurance set forth below. By requiring JI
such minimum insurance, County does not and shall not be deemed or construed to have =
assessed the risks that may be applicable to Contractor, or any Subcontractor, under this >
Contract, or in any way limit County's potential recovery to insurance limits required hereunder. z
To the contrary, this Contract's insurance requirements may not in any way be construed as LU
limiting any potential liability to County or County's potential recovery for Contractor. Contractor
shall assess its own risks and if it deems appropriate and/or prudent, maintain greater limits c
and/or broader coverage. E
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Page 9 of 20 Contract-@CN1
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8.E.b
Nothing contained within these insurance requirements shall be deemed to limit the scope,
application, and/or limits of the coverage afforded, which coverage shall apply to each insured
to the full extent provided by the terms and conditions of the policy(s). N
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Each insurance policy shall be written on an "occurrence" basis/form; excepting insurance for
Professional Liability (Errors and Omissions), and/or Cyber Liability (Technology Errors and a
Omissions) required by this Contract is acceptable on a "claims made" basis/form. If coverage is N
approved and purchased on a "claims made" basis/form, the coverage provided under that N
insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) N
years from the date of the work which is subject to this Contractor or, if such renewals are N
unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years `o
from the date of completion of the work which is subject of this Contract. All insurance written on
a "claims made" basis/form must have its policy inception or retroactive date be no later than the
effective date of the Contract, unless otherwise approved in writing by the County's Risk N
Management Office. U
A. Minimum Scope and Limits of Insurance v)
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The Contractor shall maintain the following types of insurance and minimum insurance E
limits: _
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i. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the
aggregate for bodily injury, personal and advertising injury and property damage. o
Coverage shall be at least as broad as that afforded under ISO form number CG 00
01 current edition, or its substantive equivalent. Such insurance shall include cn
coverage for, but not limited to premises liability, products and completed
operations, ongoing operations, and contractual liability. Limits may be satisfied by
a single primary limit or by a combination of separate primary and umbrella or
excess liability policies, provided that coverage under the latter shall be at least as
broad as that afforded under the primary policy and satisfy all other requirements c
applicable to liability insurance including but not limited to additional insured status c
for the County with the use of an umbrella or excess liability policy, which is at least v
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as broad as the underlying policy. If the scope of services involves activities with
minors, such policy shall include sexual assault and misconduct coverage. Y
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ii. Professional Liability (Errors and Omissions): $1,000,000 per claim and in the
aggregate. In the event that services delivered pursuant to this Contract either
directly or indirectly involve or require professional services, Professional Liability c
(Errors and Omissions) coverage shall be provided. "Professional Services," for the
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purpose of this Contract Section, shall mean any services provided by a licensed o
professional or those services that require professional standards of care.
iii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury Ji
and property damage. In the event that services delivered pursuant to this Contract =
involve the transportation of clients by Contractor personnel in Contractor-owned
vehicles or non-owned vehicles, the limit shall be no less than $3,000,000 z
combined single limit per accident for bodily injury and property damage. Insurance LU
Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE,
symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. c
Limits may be satisfied by a single primary limit or by a combination of separate E
primary and umbrella or excess liability policies, provided that coverage under the U
latter shall be at least as broad as that afforded under the primary policy.
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Page 10 of 20 Contract-@CN1
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8.E.b
iv. Workers Compensation: Statutory requirements of the State of residency.
V. Employers Liability or"Stop Gap" coverage: $1,000,000 each occurrence and shall N
be at least as broad as the protection provided by the Workers Compensation 0
policy Part 2 (Employers Liability), or, in monopolistic states, the protection provided ;
by the "Stop Gap" endorsement to the Commercial General Liability policy. a
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vi. Cyber Liability (Technology Errors and Omissions): For contracts involving software N
or technology where data breach or exposure to personal and/or confidential N
information could impact the Contractor or County, Contractor shall provide Cyber N
Liability (Technology Errors and Omissions) coverage with a limit no less than `o
$1,000,000 per claim or occurrence and in the aggregate. Coverage shall include
loss resulting from data security/privacy breach, or other unauthorized access or
related violations including identity fraud and privacy law violations, denial of N
service attacks, introduction of virus and malicious code, extortion, dissemination or
destruction of electronic data, business interruption, privacy law violations,
disclosure of non-public, personal or confidential information, identity fraud, loss of v)
income due to system crashes, breach of contract, and acts by rogue employees.
Coverage shall include notification and other expenses incurred in remedying a E
privacy breach as well as costs to investigate and restore data. _
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vii. Crime Insurance: Contractors handling County funds or assets, (i.e. Contractors `°
providing rental assistance or distributing gift cards on behalf of the County), shall o
maintain Crime Insurance with limits to cover the maximum amount of risk at any
one time; or a total of one year's receipts or similar measure of exposure. Coverage cn
for Fidelity, Theft, Disappearance, Destruction Liability, and Employee Dishonesty
shall be included. Coverage shall include `Joint Loss Payable' ISO form CR 20 15
10/10 or equivalent; and `Provide Required Notice of Cancellation to Another Entity'
ISO form CR 20 17 10/10. >
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viii. Depending on the Contractor's scope of work, other insurance types or limits may o
apply to this Contract. Specific coverage and limit requirements can be found by v
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visiting Insurance Requirements - King County.
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ix. Municipal or State Agencies: If the Contractor is a Municipal Corporation, an
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agency of the State of Washington, or any other Public Agency and is self-insured
for any of the above insurance requirements, a letter of self-insurance shall be
attached and be incorporated by reference and shall constitute compliance with all c
or a portion of this Section.
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B. Other Insurance Provisions and Requirements
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All insurance policies purchased and maintained by the Contractor required in this Ji
Contract shall contain, or be endorsed to contain the following provisions: _
With respect to all liability policies except Professional Liability (Errors and Omissions), Z
and Workers' Compensation: W
i. The County, its officials, employees, and agents shall be covered as additional c
insured for full coverage and policy limits as respects liability arising out of activities E
performed by or on behalf of the Contractor, its agents, representatives, employees, U
or Subcontractor(s) in connection with this Contract. Additional Insured status shall
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8.E.b
include products-completed operations CG 20 10 11/85 or its substantive
equivalent. The County requires a copy of the additional insured endorsement(s).
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N
With respect to all liability policies (except Workers' Compensation): 0
i. Coverage shall be primary insurance as respects the County, its officials, a
employees, and agents. Any insurance and/or self-insurance maintained by the N
County, its officials, employees, or agents shall not contribute with any N
Contractor's or Subcontractor's insurance or benefit the Contractor or any N
Subcontractor, or their respective insurers in any way. N
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ii. Insurance shall expressly state that it applies separately to each insured and
additional insured against whom a claim is made and/or lawsuit is brought, except
with respect to the limits of insurer's liability. N
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C. Deductibles and Self-Insured Retentions: Any deductible and/or self-insured retention of
the policies shall not apply to the Contractor's liability to the County and shall be the sole v)
responsibility of the Contractor or its Subcontractor.
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D. Acceptability of Insurers: Insurance coverage is to be placed with insurers with an A.M. x
Best rating of no less than A:VIII, or, if not rated with an A.M. Best, with minimum surplus
equivalent of an A.M. Bests' surplus size VIII. `°
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Professional Liability (Errors and Omissions) insurance coverage may be placed with
insurers with an A.M. Bests' rating of B+:VII. Any exception must be approved by the cn
County.
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If at any time any of the foregoing policies fail to meet minimum requirements, the
Contractor shall, upon notice to that effect from the County, promptly obtain a new policy,
and shall submit the same to the County, with the appropriate certificates and c
endorsements, for approval. c
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E. Subcontractors: Contractor shall include all Subcontractors as insureds under its policies
or, alternatively, the Contractor must require each of its Subcontractors to procure and Y
maintain appropriate and reasonable insurance coverage and insurance limits to cover
each of the Subcontractor's liabilities given the Subcontractor's scope of work and the
services being provided herein. To the extent reasonably commercially available,
insurance maintained by any Subcontractor must comply with the specified requirements c
of Sections 16 (inclusive) above, including the requirement that all liability insurance
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policies (except Professional Liability and Workers Compensation) provided by the o
Subcontractor(s) must include County, its officials, agents and employees as additional
insured for full coverage and policy limits. Contractor is obligated to require and verify that >�
each Subcontractor maintains the required insurance and ensure County is included as Ji
additional insured. Upon request by the County, and within five (5) business days, _
Contractor must provide evidence of each Subcontractor(s) insurance coverage, including >
endorsements. z
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F. Waiver: A Contractor may request a waiver or reduction of one or more of the insurance
requirements if the insurance requirement is not applicable to the Contractor's scope of c
work. Such requests shall be made to the County at: DCHSContracts@kingcounty.gov E
for review. All waiver request approvals or denials are in the County's sole discretion to be U
granted. If approved by the County, the Contractor shall still provide proof of and hold all
other required provisions as stated above. a
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8.E.b
15. Assignment
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Contractor shall not assign any interest, obligation, or benefit under or in this Contract or 0
transfer any interest in the same, whether by assignment or novation, without prior written ;
consent of the County. If assignment is approved, this Contract shall be binding upon and inure a
to the benefit of the successors of the assigning party upon the written agreement by assignee N
to assume and be responsible for the obligations and liabilities of the Contract, known and N
unknown, and applicable law. N
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16. Subcontracting `o
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A. Written Consent of the County:
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The Contractor shall not subcontract any portion of this Contract or transfer or assign any U
claim arising pursuant to this Contract without the written consent of the County. The
County's consent must be sought in writing by the Contractor not less than 15 days prior U)
to the date of any proposed subcontract.
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The rejection or approval by the County of any Subcontractor or the termination of a =
Subcontractor will not relieve Contractor of any of its responsibilities under the Contract,
nor be the basis for additional charges to the County. `°
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In no event will the existence of the subcontract operate to release or reduce the liability
of Contractor to the County for any breach in the performance of Contractor's duties. cn
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The County has no contractual obligations to any Subcontractor or vendor under contract ;a
to the Contractor. Contractor is fully responsible for all contractual obligations, financial or
otherwise, to its Subcontractors.
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B. "Subcontract" Defined: o
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"Subcontract" shall mean any agreement between the Contractor and a Subcontractor or
between Subcontractors that is based on this Contract, provided that the term Y
"subcontract" does not include the purchase of(1) support services not related to the
subject matter of this Contract, or (2) supplies.
C. Required Clauses for Subcontracts: c
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The Contractor shall include Section 4, 5, 6, 7, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 28, o
29, and 30 in every subcontract or purchase agreement for services that relate to the
subject matter of this Contract. >0
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D. Required Language for Subcontracts: N
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The Contractor shall include the following language verbatim in every subcontract for Z
services which relate to the subject matter of this Contract: LU
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its c
elected and appointed officials, officers, employees, and agents from any and all costs, E
claims, judgments, and/or awards of damages arising out of, or in any way resulting from U
the negligent act or omissions of Subcontractor, its officers, employees, and/or agents in
connection with or in support of this Contract. Subcontractor expressly agrees and a
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8.E.b
understands that King County is a third-party beneficiary to its Contract with Contractor
and shall have the right to bring an action against Subcontractor to enforce the provisions
of this paragraph." N
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17. Nondiscrimination and Payment of a Living Wage
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A. The Contractor shall comply with all applicable federal, state, and local laws regarding N
discrimination, including those set forth in this Section. N
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B. Nondiscrimination: N
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During performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of the employee's or applicant's sex,
race, color, marital status, national origin, religious affiliation, disability, sexual orientation, N
gender identity or expression, or age except by minimum age and retirement provisions, U
unless based upon a bona fide occupational qualification. The Contractor will make equal
employment opportunity efforts to ensure that applicants and employees are treated U)
equitably, without regard to their sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression, age except by E
minimum age and retirement provisions, status as a family caregiver, military status or x
status as a veteran who was honorably discharged or who was discharged solely as a
result of the person's sexual orientation or gender identity or expression. Contractor shall `°
additionally read and comply with all additional requirements set forth at: o
https://www.kingcountV.gov/depts/community-human-
services/contracts/requirements.aspx.
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C. Payment of a Living Wage:
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In accordance with King County Living Wage Ordinance 17909, for contracts for services
with an initial or amended value of$100,000 or more, the Contractor shall pay, and c
require all Subcontractors to pay, a living wage to employees for each hour the employee o
performs a Measurable Amount of Work on this Contract. The requirements of the v
a,
ordinance, including payment schedules, are detailed at
https://www.kinqcounty.gov/depts/finance-business-operations/procurement/about- Y
us/Living-Wage.aspx.
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Violations of this requirement may result in disqualification of the Contractor from bidding
on or being awarded a County contract for up to two years; contractual remedies o
including, but not limited to, liquidated damages and/or termination of the Contract;
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remedial action as set forth in public rule; and other civil remedies and sanctions allowed o
by law.
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18. Code of Conduct J
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DCHS is committed to providing an inclusive, welcoming, supportive, and safe environment for >
all to feel respected, valued, and empowered. The Contractor shall, while performing the work z
as described in the attached Exhibit(s), interact with the community being served and the LU
County's employees in a respectful manner.
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The County and Contractor shall refrain from engaging in any conduct that communicates a E
hostile, demeaning, or unwelcome message. Such prohibited conduct can be either verbal or U
nonverbal and includes, but is not limited to microaggressions, deliberate misgendering, slights,
and other conduct that could cause harm. The Contract may be subject to termination under a
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Subsection 12.B. as a result of any violation of this Section by providing the other party 30
calendar days advance written notice of the termination.
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19. Conflict of Interest o
Entering into this Contract with the County requires that the Contractor agree to abide by certain a
provisions of the King County Employee Code of Ethics, including those relating to conflicts of N
interest and the employment of current or former County employees. N
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A. Compliance with King County Code of Ethics: N
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The Contractor shall comply with applicable provisions of King County Code (KCC) 3.04.
Failure to comply with such requirements shall be a material breach of this Contract and
may result in termination of this Contract and subject the Contractor to the remedies N
stated in this Contract, or otherwise available to the County at law or in equity. U
B. Penalties: v)
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The Contractor acknowledges and agrees, pursuant to KCC 3.04.060, that it will not E
willfully attempt to secure preferential treatment in its dealings with the County by offering x
any valuable consideration, thing of value or gift, whether in the form of services, loan,
thing or promise, in any form to any county official or employee. The Contractor `°
acknowledges that if it is found to have violated the prohibition found in this paragraph, its o
current contracts with the County will be cancelled and it shall not be able to bid on any
County contract for a period of two years. cn
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C. Former King County Employees: ;a
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The Contractor acknowledges that, for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or c
grant that was planned, authorized, or funded by a County action in which the former c
County employee participated during County employment. Contractor shall identify, at the v
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time of offer, current or former County employees involved in the preparation of proposals
or the anticipated performance of Work if awarded the Contract. Failure to identify current Y
or former County employees involved in this transaction may result in the County's
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denying or terminating this Contract. After Contract award, the Contractor is responsible
for notifying the County's Project Manager of current or former County employees who
may become involved in the Contract any time during the term of the Contract. c
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20. Equipment Purchase, Maintenance, and Ownership o
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A. Equipment Maintenance:
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The Contractor agrees that when Contract funds are used to pay for all or part of the =
purchase costs of any equipment that costs $5,000 or more per item, and the purchase of >
such equipment is identified in an Exhibit to this Contract, such equipment is, upon the z
purchase or receipt, the property of the County and/or federal/state government. The LU
Contractor shall be responsible for all proper care and maintenance of the equipment,
including securing and insuring such equipment. c
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The Contractor shall ensure that all such equipment is returned to the County or
federal/state government upon termination of this Contract unless otherwise agreed upon
by the parties. N
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21. Proprietary Rights
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A. Ownership Rights of Materials Resulting from Contract: N
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Except as indicated below or as described in an Exhibit, the parties to this Contract N
hereby agree that if any patentable or copyrightable material or article should result from N
the work described herein, all rights accruing from such material or article shall be the `o
sole property of the County. To the extent that any rights in such materials vest initially
with the Contractor by operation of law or for any other reason, the Contractor hereby
perpetually and irrevocably assigns, transfers, and quitclaims such rights to the County. N
The County agrees to and does hereby grant to the Contractor a perpetual, irrevocable, U
nonexclusive, and royalty-free license to use and create derivative works, according to
law, any material or article and use any method that may be developed as part of the v)
work under this Contract.
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B. Ownership Rights of Previously Existing Materials: _
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The Contractor shall retain all ownership rights in any pre-existing patentable or `°
copyrightable materials or articles that are delivered under this Contract, but do not o
originate from the work described herein. The Contractor agrees to and does hereby grant
to the County a perpetual, irrevocable, nonexclusive, and royalty-free license to use and cn
create derivative works, according to law, any pre-existing material or article and use any
method that may be delivered as part of the work under this Contract.
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The Contractor shall sign all documents and perform other acts as the County deems c
necessary to secure, maintain, renew, or restore the rights granted to the County as set v
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forth in this Section.
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22. Political Activity Prohibited
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None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of any c
candidate for public office.
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23. King County Recycled Product Procurement Policy I
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If paper copies are required, in accordance with KCC 18.20, the Contractor shall use recycled Ji
paper, and both sides of sheets of paper whenever practicable, when submitting proposals, _
reports, and invoices. >
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24. Future Support W
The County makes no commitment to support contracted services and assumes no obligation c
for future support of the contracted activity(-ies), except as expressly set forth in this Contract. E
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25. Entire Contract
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The parties agree that this Contract is the complete expression of the described subject matter,
and any oral or written representations or understandings not incorporated herein are excluded.
Both parties recognize that time is of the essence in the performance of this Contract. N
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26. Contract Amendments
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Either party may request changes to this Contract. Proposed changes that are mutually agreed N
upon shall be incorporated only by written amendments to this Contract. N
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27. Notices c
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Whenever this Contract provides for notice by one party to another, such notice shall be in
writing and directed to each party's contact representative indicated within the Contract
Exhibit(s). Any time within which a party must take some action shall be computed from the date N
that any associated required notice is received by that party. U
28. Services Provided in Accordance with Law and Rule and Regulation U)
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The Contractor and any Subcontractor agree to abide by the laws of the State of Washington, E
rules and regulations promulgated thereunder, and regulations of the state and federal x
governments, as applicable, which control disposition of funds granted under this Contract, all of
which are incorporated herein by reference. `°
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If there is an irreconcilable conflict between any of the language contained in any Exhibit or
attachment to this Contract, the language in the Contract shall control over the language cn
contained in the Exhibit(s) or the attachment, unless the Exhibit(s) provision expressly indicates
that it controls over inconsistent contract language. If there is conflict among requirements set
forth in Exhibit(s), language contained in the lower numbered Exhibit shall control unless the
higher numbered Exhibit provision expressly indicates that it controls over inconsistent lower
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29. Applicable Law v
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This Contract shall be construed and interpreted in accordance with the laws of the State of Y
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
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Washington.
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30. No Third-Party Beneficiaries o
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Except for the parties to whom this Contract is assigned in compliance with the terms of this o
Contract, there are no third-party beneficiaries to this Contract, and this Contract shall not
impart any rights enforceable by any person or entity that is not a party hereto. >0
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31. Non-Waiver of Breach N
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Waiver of any default shall not be deemed to be a waiver of any subsequent default. No action Z
or failure to act b the Count shall constitute a waiver of an right or duty afforded to the '
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County under the Contract; nor shall any such action or failure to act by the County modify the
terms of the Contract or constitute an approval of, or acquiescence in, any breach hereunder, c
except as may be specifically stated by the County in writing. E
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32. Force Maleure
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"Force Majeure" means an event or events beyond the parties' reasonable control, incurred not
as a product or result of the negligence of the afflicted party, and which have a materially
adverse effect on the ability of such party to perform its obligations as detailed in this Contract. N
Force Majeure events may include but are not limited to: Acts of God or Nature; war; civil, 0
military, public, or industrial disturbances; acts or threats of terrorism; epidemics, fire, flood, or ;
other casualty; labor difficulties, shortages of labor or materials or equipment; government a
regulations; delay by government or regulatory agencies; shutdowns for purpose of emergency N
repairs, and/or unusually severe weather. N
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A. No Breach if Force Majeure Applies: N
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Neither party shall be considered in breach of this Contract to the extent that performance
of their respective obligations is prevented by a Force Majeure event upon giving notice
and reasonably full particulars to the other party. N
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B. Duty to Minimize Disruption and Give Notice:
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Parties maintain an express duty to minimize the disruption caused by Force Majeure,
and shall, as soon as reasonably practicable, give notice to the other party of the nature E
and impact of the Force Majeure. Irrespective of any extension of time, if the effect of an x
event or series of events continues for a period of 180 days, either the County or the
Contractor may give to the other a notice of suspension or termination. `°
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C. Extension of Time:
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Should Force Majeure events delay the Contractor's completion of the deliverables and
performance commitments, the Contractor may be entitled to an extension for the time for
completion. Any extension must be approved in writing by the County. a
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Should a Force Majeure event prevent the Contractor from completing deliverables or v
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performing commitments in this Contract, the completion or performance shall be
suspended only for the time and to the extent commercially practicable to restore normal Y
operations. Further, the Contractor and the County shall endeavor to continue to perform
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their contractual obligations to the extent reasonably practicable and will work to adjust
deliverables or performance commitments as needed to continue the provision of services
during the Force Majeure event. Contractor may be reimbursed for any costs incurred o
mitigating adverse impacts of the Force Majeure and may be compensated for any partial
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work that has been completed. o
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33. Emergency Response Requirements
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Within three months of the execution of this Contract, the Contractor shall prepare and make =
available to the County upon request, the necessary plans, procedures, and protocols to: >
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A. Respond to and recover from a natural disaster or major disruption to Contractor operations U)
such as a work stoppage.
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B. Continue operations during a prolonged event such as a pandemic. E
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If the Contractor does not have any such plan as of the start of this Contract, the Contractor
may request (1) an extension of the time needed to create a plan, and (2)for assistance
from the County in preparing such a plan. N
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At a minimum, any plans, procedures, or protocols described in this Section must include
how the Contractor plans to continue to provide the services described in or funded by this Q
Contract.
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34. Contractor Certification
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By signing this Contract, the Contractor certifies that, in addition to agreeing to the terms and `o
conditions provided herein, it has read and understands the contracting requirements on the
DCHS website at https://www.kingcountV.gov/depts/community-human-
services/contracts/requirements.aspx and shall comply with all of the contract terms and N
conditions detailed on that site, including, but not limited to, Equity and Social Justice, U
applicable Emergency Response, Equal Opportunity Employment (EEO)/Nondiscrimination,
HIPAA, Insurance, and Credentialing requirements. v)
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IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract:
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King County Executive Signature N
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8.E.b
STATEMENT OF WORK (SOW)
KENT SENIOR ACTIVITY CENTER
SE 1 SUPPORT SENIOR CENTERS N
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SERVICE PERIOD: 07/01/2024— 12/31/2026 0
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I. OVERVIEW o
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The Contractor shall provide oversight, coordination, and implementation of the Kent Senior N
Activity Center described further below. The total amount of reimbursement pursuant to this N
Contract shall not exceed $827,366.00 for the SERVICE PERIOD noted above as shown in the °
funding table below.
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Funding for investment in this program is provided by the Veterans, Seniors, and Human Services a)
Levy managed by the Adult Services Division (ASD) of King County's Department of Community
and Human Services (DCHS), which has the responsibility for monitoring and achieving the overall U)
outcomes. Ongoing funding for the full services period shall be contingent on the Contractor's
implementation of the program as described, timely achievement of the Contract milestones E
outlined below, continued funding availability, and other contractual requirements contained in this =
SOW.
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Funding
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VSHSL Strategy# and Name Funding Period Fund Source Allocation v
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7/1/2024 — 12/31/2024 VSHSL Fund - Seniors $162,229 r
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Social Engagement c
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1/1/2025 — 12/31/2025 VSHSL Fund - Seniors $324,457 c
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1/1/2026 — 12/31/2026 VSHSL Fund - Seniors $340,680
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TOTAL BUDGET $827,366
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II. DEFINITIONS
Below are common terms used throughout this SOW and their definitions. LU
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A. Deliverable means the work product and other output of the services and PROGRAM
ACTIVITIES required to be delivered by the Contractor as part of the performance of this E
Contract, as specified in the relevant section below. U
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B. Milestone means a scheduled event signifying the provision of a DELIVERABLE or a set
of related DELIVERABLES, occurrence of an event, or completion of a task, activity, or
service by the identified date as specified in the relevant section below. N
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C. Performance Measurement (PM) Plan means the written details of the way King County a
and the Contractor shall measure and monitor the Contractor's program performance
during the contract term. The PM PLAN shall include specific measures, data elements, o
and reporting cycles and activities to review the data and support continuous quality N
improvement. The PM PLAN may include performance targets, additional evaluation N
activities, such as focus groups or surveys, and/or more rigorous evaluation projects. L'
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D. Program Activities means all of the services to be performed by the Contractor as set
forth in Section IV, Scope of Work. _J
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E. Service Period means the period of time during which Contractor shall be paid, funded, or U
reimbursed according to the terms and conditions of this Contract. If no other date is listed
in this SOW, the SERVICE PERIOD shall begin when this Contract becomes effective,
which is the last date of signature of the Contract. E
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F. Race, Age, Diversity, and Inclusion Opportunities (RADIO): RADIO provides capacity-
building opportunities to individual Senior Centers as well as the King County Senior 0
Center Network as a whole, to recognize the unique needs of each organization in o
becoming more welcoming and inclusive spaces that celebrate diversity, and in cultivating
strong, mutually respectful, and intercultural partnerships. RADIO recognizes the important cn
intersection of racism and ageism and is grounded in the understanding that systemic
oppression historically and currently works to favor some and disfavor others based on
race.
G. ASD VSHSL Specific Definitions ;
1. DCHS web-referenced definitions for the following terms used within this Scope of U
Work can be found at https:Hkingcounty.gov/VSHSL-definitions.
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a. Caregiver
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b. Implementation Plan
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c. Senior N
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d. Senior Hub o
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2. Definitions for the following terms used within this Scope of Work can be found in the >)
VSHSL Implementation Plan at King County VSHSL Implementation Plan. JI
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a. Social Engagement N
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III. PROGRAM PURPOSE
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King County's overarching goal is to ensure that all people, regardless of who they are and where
they live, have the opportunity to thrive, with full and equal access to opportunities, power, and 2
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resources. Adult Services Division, in its partnership with the Contractor, shares a commitment to
contributing to community-level change and individual-level impact in the following areas:
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A. Social Engagement o
The activities outlined in this SOW are being contracted for the following purpose: a
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To establish the King County Senior Center Network (KCSCN) by providing foundational support N
to a network of inclusive, vibrant individual Senior Centers and Senior Centers acting as individual N
or partner Senior Hubs. N
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Senior Centers provide essential programs, services, and social engagement opportunities that
allow Seniors to age with full and equal access to options for happy and healthy living. J
The purpose of the KCSCN is to strengthen King County's ability to provide the diversity of U
Seniors in King County opportunities to be socially engaged. The KCSCN achieves this purpose
through collaborations, partnerships leveraging of funds, opportunities for trainings sponsored by U)
DCHS, and facilitated connections to other County services.
Accordingly, the parties shall work together to perform, report, and monitor the services described =
in this SOW in a manner that contributes to the goals of the County described herein.
IV. SCOPE OF WORK o
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To meet the purpose stated above, the Contractor shall carry out the following scope of work
during the SERVICE PERIOD.
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A. Participant Eligibility and Focus Population
Eligible participants are Seniors (persons 55 and older) and their caregivers. The focus r
populations are Seniors who have previously had no or limited involvement in Senior
Center activities due to barriers such as language, transportation, mobility, cultural v
differences and understanding, ageism, racism, LGBTQ+ status, and other factors that
contribute to isolation or exclusion. CD
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B. Program Activities
The Contractor shall operate as a Senior Center providing social engagement N
opportunities for Seniors 55+, which shall include: N
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1. Providing services and activities accessible to the public at least three days each week, N
with a weekly minimum of fifteen (15) hours of scheduled programming and operations
that regularly includes each of the following: J
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a. Food and nutrition programs and/or congregate (shared) meals; and N
b. Social engagement activities; and Z
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c. Information and assistance that connects individuals to aging networks and
services; and
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d. Health promotion, wellness, and/or fitness activities. U
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Services and activities can occur at different locations, provided that all location
information is clearly specified on a schedule which is easily accessible to all intended
participants and relevant community organizations. Specified locations may include one N
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or more buildings or spaces designated only for Seniors, or within a multipurpose 0
building or space with sufficient time reserved only for the Senior Center programming, a
as described in items 1.a-d above.
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2. Accept, as needed, ad hoc, one-time and/or emergency funds to support essential N
services for the Contractor's Senior population. N
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3. The Contractor shall staff programs as needed to support delivery of services. ,o
4. The Contractor shall participate in the King County Senior Center Network (KCSCN)
as follows:
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a. Provide Senior Center services named in Section IV.B.1.a-d. above. v)
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b. Attend all King County VSHSL-sponsored KCSCN semi-annual learning E
collaborative meetings. _
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c. Prioritize participation in RADIO training opportunities, scheduled by King County. u
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5. Engage in culturally-competent focus population-specific outreach and/or other
programmatic activities to strengthen the inclusion of isolated Seniors at the Senior cn
Center, including Seniors who cannot or choose not to visit the physical space(s)
where the Senior Center is located.
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6. Contractor shall notify King County within two weeks if a key position funded under
this SOW becomes vacant and advise King County of plans to fill the vacancy within c
three months, as well as plans to redistribute program activities in the interim. v
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7. Geographic Distribution of Services: Contractor and/or subcontractor(s) will Y
provide services in the following council districts:
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a. Council district#: 5
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8. The Contractor shall work with King County staff to create a referral protocol (the N
"Referral Protocol") with the King County Veterans Program for the purpose of N
recruiting participants to the Kent Senior Activity Center. If the Contractor had
previously developed a Referral Protocol with the King County Veterans Program for J
Kent Senior Activity Center such Referral Protocol shall remain in full force and effect N�
for the term of this Statement of Work. The Referral Protocol may be changed upon N
mutual written agreement of the parties. >
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9. Unless this SOW provides otherwise, all work performed and services delivered by U)
the Contractor during the SERVICE PERIOD shall be in conformance with the
requirements and descriptions of this SOW and be in compliance with all other terms E
and conditions of this Contract.
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The Contractor shall meet the following program implementation MILESTONES during the
SERVICE PERIOD:
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2024 Milestones o
1. By September 30, 2024, or within 30 days of contract execution: The Contractor shall a
submit to King County an updated 2024 workplan, if a workplan was previously
submitted, or a new 2024 workplan outlining the activities and services offered or in o
development as a Senior Center to cover the service period July 1, 2024 — March 31, Iq
2025. o
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2. Resource Fairs: Contractors and subcontractors are required to participate in biennial
resource fairs, to be scheduled and convened by ASD, in each council district where J
the contractor is providing services as listed in Section IV, Scope of Work,
Subsection B.7.
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1. By February 14, 2025: The PM Plan shall be fully developed and formally accepted E
by the Contractor. See Section V, Performance Measurement, for more information. _
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2. By March 31, 2025: The Contractor shall develop milestones for the remaining `°
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service period in partnership with King County. o
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D. Deliverables
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The Contractor shall submit the following DELIVERABLES to King County during the L
SERVICE PERIOD:
1. Complete and accurate billing invoice packages: the Contractor shall deliver a c
complete and accurate billing invoice package to King County within ten (10) 0
business days of the end of each month in a format provided to the Contractor by
King County. Y
2. Annual Report: The Contractor shall submit an annual narrative progress report to c
King County by January 15 following each program year. The report shall cover the
activities of the previous year (January— December). The format and questions for N
the annual narrative progress report shall be provided by King County. N
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3. Services and Client Data: The Contractor shall submit individual-level and/or N
aggregate-level data about services and client outcomes to King County on a
quarterly basis from the start date of the service period of the Contract. Reports are
due within ten (10) business days following the end of each quarter of the calendar =I
year. The format and reporting mechanisms for this report shall be provided by King >
County and be outlined in the PM PLAN. z
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E. Partnership Expectations
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1. The Contractor shall work with King County staff to coordinate and align services with E
other King County-funded organizations and system partners in order to effectively U
and efficiently administer a set of services that clients may be seeking to access. a
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2. The County and other entities often offer training opportunities at no cost to help
providers attain and maintain key skills and concepts that will support the County's
goals of effectiveness, efficiency, and equity. The Contractor shall stay informed of N
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training opportunities. 0
3. The Contractor shall participate quarterly in meetings of other King County-funded a
organizations, if and when these are convened, to improve system connection and o
coordination of existing services and support best practices and shared learning. N
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4. The Contractor shall include an attribution to King County with the use of the King N
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County logo and/or a statement such as "This program receives funding from the ,°
King County Veterans, Seniors, and Human Services Levy" in all program marketing
materials, digital or hardcopy, developed during the SERVICE PERIOD.
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V. PERFORMANCE MEASUREMENT v)
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A. Performance Measurement (PM) Planning Process E
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A PM PLAN shall be co-developed by the Contractor and DCHS and is intended to provide
both parties with useful information for decision-making, planning, and program
management. The Contractor and DCHS staff shall work collaboratively to identify relevant o
and/or required measures of service delivery, quality, and program results, and to
determine the mechanisms by which information will be collected, managed, and reported. ui
DCHS is responsible for providing a first draft of the PM PLAN. The PM PLAN shall be
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considered final after written acceptance is received by both parties. Email communication ;
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B. Performance Measures c
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The PM PLAN may include at least one of each type of the performance measures
(below). The PM PLAN may also include strategy-level performance measures specific to Y
funding sources when applicable.
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Measure Type Meaning Potential Measures
How much did we Quantity of service Number of Seniors engaged N
do? provided N
How well did we do Quality of service Percent of Seniors engaged from o
it? provided strategy focus populations NI
Is anyone better How clients have Percent of Seniors engaged more than
off? been impacted one quarter
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and perform the reporting and other services described and defined in the PM PLAN. The z
Contractor's failure to meet any specific performance goals, targets, or other metrics W
outlined in the PM PLAN shall not constitute a breach of this Contract.
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C. Modification of the PM PLAN E
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Either party may suggest revisions to the PM PLAN. The party requesting revisions to the
PM PLAN (the "Requesting Party") shall submit the suggested changes in writing to the
other party (the "Receiving Party"). N
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If additional changes are requested by the Receiving Party, then the parties shall discuss a
in good faith the original and subsequent modifications until an acceptable PM PLAN has
been developed and each party has provided the other with written acceptance of all o
modifications. Upon such acceptance, the modified PM PLAN shall replace all prior N
versions of the PM plan. N
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Development of the PM PLAN is a MILESTONE set forth in the relevant section; failure to ,0
participate in the PM PLAN development or modification process may constitute a breach
of this Contract. _J
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If, through analysis of the required reports and data or through conversations with the
Contractor, it is determined that the program model, as described in this Contract, is not
successfully or sufficiently serving the King County Senior community, the Contractor
agrees to work with DCHS to re-envision the program model, adjust the PROGRAM E
ACTIVITIES, and make changes to the PM PLAN. Such adjustments will be documented =
in a written amendment to this Contract signed by both parties. r_
VI. DATA COLLECTION AND REPORTING REQUIREMENTS o
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A. The Contractor shall maintain compliance with all data collection and reporting
requirements stated in the Contract and all Attachments, Exhibits, and PM PLANS.
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B. The Contractor shall participate in quarterly check-ins with King County staff either in
person or by phone. Check-ins may be reduced or increased in frequency based on r
program needs and King County needs to ensure program accountability and the provision
of adequate support for the program. L)
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C. King County reserves the right to request additional supporting documentation or
information, as needed, and between reporting periods. A minimum of three business
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days' notice shall be provided to the Contractor. If the Contractor believes such notice is
inadequate to prepare the report, it shall work with King County to adjust the due date for
additional requested information. N
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D. The meeting and reporting requirements of this Section VI shall begin on the date this o
SOW becomes effective. Ni
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E. The Contractor shall submit a quarterly summary of services and progress towards Ji
milestones as applicable. This summary shall be submitted with the submission of each =
invoice provided to King County. >
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F. The Contractor shall complete a VSHSL-funded wage study when released by DCHS to U)
help inform understanding of prevailing wages among nonprofit providers, and how
compensation may be contributing to staff satisfaction, turnover and participant outcomes. a
Results of the survey shall be made available to all VSHSL-funded providers. E
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8.E.b
VII. COMPENSATION AND METHOD OF PAYMENT
A. Payment to the Contractor N
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Regular payment for activities covered by this SOW shall be based on (1) meeting the
deliverables outlined in the table below, and (2) the Contractor incurring periodic costs and a
expenses in performing program activities described in Section IV.B., SCOPE OF WORK: N
Program Activities. N
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If the Contractor does not meet the agreed upon program activities, deliverables and/or o
contract milestones during two quarters of the Contract and/or if the Contractor fails to c
engage with the King County staff to make necessary adjustments in order to better serve
the King County community, King County reserves the right to request specified corrective >
action in writing or, either before such a request is issued or if such a request is unheeded N
or does not produce improved engagement toward quality improvement, to reduce the
Contract amount, withhold payment, or terminate this Contract in line with notice
requirements in this Contract's Standard Terms and Conditions. U)
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1. Deliverable:
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a. Timely completion and receipt of contract DELIVERABLES as described in
Section IV, Scope of Work, and receipt and acceptance of a Billing Invoice `°
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Package (BIP) in a format to be provided to the Contractor by King County. o
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2024 Payment Table
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Date Payment
Due Period Payment/ Fund Source Deliverable
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October Preceding $81,114 VSHSL On-time completion
15, 2024 quarter Fund - submission of: 3
Seniors 1. Accurate Billing Invoice L)
Package
2. Individual-level and/or Y
aggregate level data
81 114 Total 3. General Ledger &
Updated Budget reflecting
Quarterly Expenditures, N
due October 22, 2024 N
4. Summary of progress N
towards 2024 workplan N
and/or milestones as
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January Preceding $81,115 VSHSL On-time completion or =�
15, 2025 quarter Fund - submission of: >
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2. Individual-level and/or
aggregate level data
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8.E.b
2024 Payment Table
Date Payment Payment/ Fund Source Deliverable ^'
Due Period o
3. General Ledger &
Updated Budget reflecting a
81 115 Total Quarterly Expenditures,
due January 23, 2025 N
4. Annual narrative progress N
report N
5. Summary of progress `o
towards 2024 workplan
and/or milestones as
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2025 Payment Table U)
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Date Payment Payment/ Fund E
Due Period Source Deliverable =
April 14, Preceding $81,114 VSHSL On-time completion /
2025 quarter Fund - submission of: i
Seniors 1. Accurate Billing Invoice •E
Package
2. Finalized PM Plan
3. Individual-level data
81 114 Total 4. General Ledger & Updated ;
Budget reflecting Quarterly >
Expenditures, due April 21,
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5. Summary of progress v
towards 2025 workplan
and/or milestones as Y
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July 15, Preceding $81,114 VSHSL On-time completion /
2025 quarter Fund - submission of:
Seniors 1. Accurate Billing Invoice N
Package N
2. Individual-level data N
3. General Ledger & Updated
81 114 Total Budget reflecting Quarterly J
Expenditures, due July 22, Ni
2025 N
4. Summary of progress >
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October Preceding $81,114 VSHSL On-time completion / E
15, 2025 quarter Fund - submission of: M
Seniors
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8.E.b
2025 Payment Table
Date Payment Payment/ Fund N
Due Period Source Deliverable L
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1. Accurate Billing Invoice
Package a
2. Individual-level data N
81 114 Total 3. General Ledger & Updated N
Budget reflecting Quarterly N
Expenditures, due October N
22, 2025 0
4. Summary of progress
towards 2025 workplan J
and/or milestones as
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January Preceding $81,115 VSHSL On-time completion or
15, 2026 quarter Fund - submission of:
Seniors 1. Accurate Billing Invoice E
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2. Individual-level data
3. General Ledger & Updated
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81 115 Total 4. Annual narrative progress
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2026 Payment Table Y
Date Payment Payment/ Fund CD
Due Period Source Deliverable
April 14, Preceding $85,170 VSHSL On-time completion / N
2026 quarter Fund - submission of: le
Seniors 1. Accurate Billing Invoice N
Package
2. Individual-level data
85 170 Total 3. General Ledger & Updated Ni
Budget reflecting Quarterly N
Expenditures, due April 21, >
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4. Summary of progress in
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and/or milestones as
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8.E.b
2026 Payment Table
Date Payment Payment/ Fund N
Due Period Source Deliverable L
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July 15, Preceding $85,170 VSHSL On-time completion / a
2026 quarter Fund - submission of: ,
Seniors 1. Accurate Billing Invoice o
Package N
2. Individual-level data N
85 170 Total 3. General Ledger & Updated N
Budget reflecting Quarterly ,°
Expenditures, due July 22, >
2026
4. Summary of progress
towards 2026 workplan
and/or milestones as a�
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October Preceding $85,170 VSHSL On-time completion / E
15, 2026 quarter Fund - submission of: _
Seniors 1. Accurate Billing Invoice
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85 170 Total Budget reflecting Quarterly U)
Expenditures, due October
22, 2026
4. Summary of progress
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and/or milestones as
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January Preceding $85,170 VSHSL On-time completion or
15, 2027 quarter Fund - submission of: Y
Seniors 1. Accurate Billing Invoice o
Package
2. Individual-level data
3. General Ledger & Updated N
Budget reflecting Quarterly le
Expenditures, due January o
25, 2027 NI
85 170 Total 4. Annual narrative progress
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5. Summary of progress =
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Ongoing funding for the full term of this Contract shall also be contingent on the E
Contractor's implementation of the program as described, continued funding availability, U
and other contractual requirements contained in this Contract. a
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8.E.b
B. Billing Invoice Package
The Contractor shall submit a BIP quarterly that consists of an invoice statement and other N
reporting requirements as stated in this Contract. The BIP's accuracy must be attested to 0
by signature of a person authorized by the Contractor or through user timestamp in DCHS'
electronic invoicing system. a
The BIP is due within ten (10) business days following the end of each such payment o
period. Payment is due and shall be made once the BIP is approved by DCHS andIq
processed by King County's Accounts Payable. Incomplete or inaccurate BIPs shall be N
returned to the Contractor for corrections and resubmission. The Contractor's obligation to `o
submit a BIP shall not begin until after the effective date of this contract.
The total amount of payments to the Contractor for each year of this SOW shall not exceed
the yearly funding allocation as noted in the funding table in Section I., OVERVIEW, unless a)
otherwise approved by King County in writing.
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Every quarter and upon the termination or expiration of this Contract: As outlined in the
Payment Table in this Section, the Contractor shall submit actual expenditures for E
allowable expenses from the previous quarter pursuant to services described in this SOW =
(Actual Expenditures) as part of the BIP. These actual expenditures shall be transmitted in
the form of a detailed general ledger report from Contractor's financial system, including a `°
budget to actuals reconciliation related to activities outlined in this SOW (General Ledger). o
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The Contractor must retain on file backup documentation for all costs paid for flexible Un
financial assistance, incentives, stipends and/or cash-value cards (including receipts,
invoices, timesheets, and copies of checks)for the duration of Contractor's VSHSL award
plus an additional six years. This documentation must be made available upon request.
The County may conduct a site visit to the Contractor's office to review and verify the
foregoing records. Advance notice will be given to the Contractor in the case of fiscal c
audits to be conducted by the County. v
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C. Quarterly Budget to Actuals Reconciliation and Payment Process Y
1. The County shall review, on a quarterly basis, Actual Expenditures compared to the c
actual payments made to the Contractor and scheduled payments (see Payment
Table above) for such quarter (Quarterly Aggregate Payment). N
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2. If the County determines that Actual Expenditures equal or exceed the Quarterly N
Aggregate Payment, then the County shall pay the full amount listed in the Payment NI
Table that is then currently due and owing (Current Payment).
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3. If the County determines that Actual Expenditures are (a) less than the Quarterly N�
Aggregate Payment and (b) that difference is less than or equal to the next y
scheduled payment to be made by the County (the Next Payment), then the Next
Payment shall be reduced by such difference. LU
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4. If Actual Expenditures are (a) less than the Quarterly Aggregate Payment and (b)
that difference is more than the Next Payment, then the County shall be relieved from E
its obligation to make the Next Payment, and may: (c) lower the amount of future U
payments by the remaining difference (such as reducing, pausing or skipping a
payment) and/or (d) require that the Contractor submit a plan stating how excess
Kent Senior Activity Center Page 12 of 15 Contract—6458089 SOW
Packet Pg. 174
8.E.b
payments will be applied to future program purposes as described in this Contract
(the plan must be approved in writing by the County). The County, in its sole
discretion, shall determine whether the Contractor's actual reported expenditures are N
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allowable. The County's decisions regarding how excess payments by the County 0
shall be treated under this Section are final. The County reserves the right to a
recapture unspent funds.
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5. If there is no Next Payment as a result of the expiration or termination of this N
Contract, then the Contractor shall return any difference between Actual N
Expenditures and the final Quarterly Aggregate Payment within ten (10) calendar L'
days of King County's review and analysis of the final BIP. Payment instructions shall °
be provided in writing by the County within three (3) business days of such final BIP
analysis. J
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6. As mutually agreed to in writing by the parties, the aggregate amount of any and all
reduced or withheld Next Payments described in Section VII.C.3 and Section VII.C.4 U)
above may be carried forward into future Payment Periods to reimburse Contractor M
for Actual Expenditures in excess of the Quarterly Aggregate Payment. E
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D. Acceptance of Work
1. To serve the best interests of King County, the completion of each task, program o
activity, performance requirement, DELIVERABLE, MILESTONE, and billable item
("Work") shall be subject to acceptance by DCHS. DCHS may withhold payment if it cn
rejects or fails to accept a DELIVERABLE; payment on the Contract shall not be
considered acceptance of Work.
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2. In the event of rejection of Work, the Contractor shall be notified within thirty (30) >
calendar days from the date of DCHS' receipt of such Work. If DCHS does not accept
Work, such notice shall include the reasons for such rejection, and the Contractor 0
shall have fourteen (14) calendar days to cure the identified deficiency(-ies).
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E. Material Changes in Revenue Y
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The Contractor shall advise King County quarterly of any material changes in revenues
from sources other than the County that are used to provide the services funded under this
Contract. The Contractor shall re-negotiate, as needed, if the County determines that such c
changes are substantial. le
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F. No Duplication/Supplanting N
The Contractor shall not invoice and charge DCHS for incurred costs paid for by another -i
source of funds. Reimbursement shall be made once the BIP is approved by DCHS. _
Incomplete or inaccurate BIPs shall be returned to the Contractor for corrections and >
resubmission. z
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G. Repayment of Funds
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If the Contractor has unspent award funds on hand as of the termination date of this
Contract, it shall return all unspent funds to DCHS within ten (10) calendar days. If any
funds provided to the Contractor were used in a manner that is not consistent or allowable 2
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8.E.b
as outlined in this Contract, the Contractor shall return funds to the DCHS in the amount
determined to be ineligible within ten (10) calendar days after provided notice.
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H. Addition to Standard Terms and Conditions: Part-time Nonemployee Instructors 0
Refer to Subsection 16 of the King County DCHS Standard Terms and Conditions. The a
term "Subcontractor" shall not apply to individuals who are not employees of the N
Contractor, who provide instructional services for the Contractor, and who earn less than N
$12,000.00 per year from this work. These services must be provided at a Contractor N
location or virtually and paid with program funds. Such individuals shall not be considered N
County employees for any purpose. .°
The Contractor is solely responsible for informing these nonemployee instructors about
their responsibilities regarding self-employment and income taxes, as well as any other tax _J
obligations that may arise from their payment and services under this Contract. For
additional information, the IRS website offers a "Self-Employed Individuals Tax Center"
with guidance on tax obligations for independent contractors. U)
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Vill. SUBCONTRACTING AND EQUITY, RACIAL, AND SOCIAL JUSTICE REQUIREMENT =
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The Contractor shall exercise all due care and diligence and take all reasonable steps to ensure `°
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the values, conduct, and associations of any subcontractors or third parties delivering services to 0
participants do not conflict with the work described in this Contract, or King County's prioritization
of equity, racial, and social justice.
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IX. MUTUAL PROPRIETARY AND INTELLECTUAL PROPERTY >
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Notwithstanding Section 21. Proprietary Rights in the King County DCHS Standard Terms and
Conditions, the following language shall apply: L)
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A. Intellectual Property Ownership and Rights Y
The parties agree that ownership of and other rights in any intellectual property created by c
the Contractor in the course of the conduct of research under this Contract shall be
determined in accordance with the laws of the United States and the State of Washington. N
Except as otherwise expressly provided herein, neither party shall, by reason of this N
Contract or its performance, obtain any right, title, license or other interest, either le
expressed or implied, to the other party's intellectual property. Ni
B. Contractor's License _J
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To the extent Contractor has ownership of and other rights in any intellectual property N
created by the Contractor in the course of this Contract, provided that the County has >
otherwise performed its material obligations under this Contract, the Contractor hereby w
grants to the County a fully-paid, non-exclusive, royalty-free, license for the County's use,
without right to sublicense, to: (i) the written reports and data delivered to the County; and
(ii) the product(s) and materials produced by the Contractor during the course of
performing the services identified in this Contract. M
C. County's License a
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8.E.b
To the extent the County has ownership of and other rights in any intellectual property
created in the course of this Contract, provided that the Contractor has otherwise
performed its material obligations under this Contract, the County hereby grants to the N
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Contractor a fully-paid, non-exclusive, royalty-free, license for the Contractor's use, without 0
right to sublicense, to: (i) the written reports and data delivered to the County; and (ii) the a
product(s) and materials produced by the Contractor during the course of performing the
services identified in this Contract. o
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X. CONFIDENTIALITY OF INTERPRETATION/TRANSLATION c
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The Contractor shall maintain confidentiality of all information being interpreted/translated. The
Contractor shall use information learned in interpretation/translation only for the performance of
services identified in this Contract, and not for Contractor's own benefit. a)
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XI. DCHS CONFIDENTIALITY RESPONSIBILITIES o
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DCHS shall not at any time directly or indirectly use, communicate, disclose, disseminate, or share =
any confidential information. DCHS shall take all reasonable measures to protect the secrecy of
and avoid disclosure of confidential information consistent with applicable law. In the event `°
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applicable law or court order requires DCHS to disclose confidential information, DCHS shall o
provide Contractor with prompt written notice of such required disclosure. DCHS shall further
comply with King County Code Chapter 2.15 in protection of citizenship and immigration status to
the fullest extent allowable by law.
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XII. CONTRACTOR LIABILITY IN ADDITION TO GENERAL TERMS AND CONDITIONS
In addition to Section 13, Hold Harmless and Indemnification of this Contract's Standard Terms v
and Conditions, the Contractor shall be liable and solely responsible for the accuracy of its work
performed in connection with this Contract. This includes any DELIVERABLE or reporting in- Y
accuracies or fraudulent claims due to the negligence of the Contractor, its Subcontractors, or
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agents in the performance of the services identified in this Contract.
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8.F
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KENT
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: Consultant Services Agreement with Akana for
Construction Management Services — Authorize
MOTION: I move to authorize the Mayor to sign a Consultant Services
Agreement with Cooper Zietz Engineers Inc., DBA Akana, subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The Meeker Street Multimodal, Kent Elementary School and Meeker
Street at 64t" Avenue Intersection Project ("Project") combines two federally funded
projects to extend the Meet Me on Meeker improvements from the 641" Avenue
South intersection along the south side of Meeker Street through the Kent
Elementary School frontage. At the Meeker Street and 64t" Avenue intersection, the
Project will construct curb bulb-outs, new cement concrete crosswalks, pedestrian
scale illumination, and ADA curb ramps. The Meeker Street promenade will be
extended 750' east of the intersection, including a cement concrete separated 2-
way bicycle path, median islands, pedestrian lighting, landscaping, and a rapid
flashing beacon with a raised mid-block pedestrian crossing.
Cooper Zietz Engineers, Inc. is a construction management company that does
business as "Akana." Through the proposed contract, Akana will provide a Resident
Engineer, an Inspector, and subconsultants to perform contract administration,
construction management, quality control, and inspection on this Federally funded
project. Through the selection process, and following WSDOT Local Agency
Guidelines, Akana was selected to provide these services, while City staff will
manage existing construction projects. The Consultant Services Agreement with
Akana is in an amount not to exceed $755,837.
BUDGET IMPACT: This project will be paid for using Federal Highway
Administration grant funds, with oversight provided by the Washington State
Department of Transportation Highways and Local Programs office.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 178
8.F
ATTACHMENTS:
1. Akana - Consultant Services Agreement - Meeker Street (PDF)
09/03/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 9/17/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Boyd, Fincher, Larimer, Troutner
Packet Pg. 179
8.F.a
Local Agency A&E Professional Services
Cost Plus Fixed Fee Consultant Agreemen
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Agreement Number: LA10108 /LA10357 °
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Firm/Organization Legal Name (do not use dba's):
Cooper Zietz Engineers Inc. DBA: Akana v
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Address Federal Aid Number ,°
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50 116th Avenue SE, Suite 211, Bellevue, WA 98004 STPUL-1068(003) /TAP-1068(006)
UBI Number Federal TIN or SSN Number a
601-817-894 91-1753733
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Execution Date Completion Date
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December 31, 2027
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1099 Form Required Federal Participation
❑ Yes ❑✓ No Yes ❑ No
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Project Title
Meeker Street Multimodal, Kent Elementary School and Meeker Street at 64th Avenue Intersection
Description of Work o
The Consultant shall provide Construction Management Services for the Meeker Street Multimodal, Kent v
Elementary School and Meeker Street at 64th Avenue Intersection. Services will include contract c
administration, field observation, documentation, and reporting. For a description, see Consultant's Scope of :
Work which is attached as Exhibit A and incorporated by this reference.
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❑� Yes 19% ❑ No DBE Participation Total Amount Authorized:
❑ Yes No MBE Participation Q
Management Reserve Fund:
❑ Yes ❑✓ No WBE Participation
Maximum Amount Payable: $755,837
❑ Yes ❑✓ No SBE Participation
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Index of Exhibits
Exhibit A Scope of Work 0
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations Q
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
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E. GatistfliffR4gfleS
Exhibit J Consultant Claim Procedures
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 180
Revised 0210112021
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 "Firm/Organization Name"referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
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WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the requirec y
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provid v
the necessary SERVICES; and L
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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 Q
the AGENCY.
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NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, E
or attached and incorporated and made a part hereof, the parties hereto agree as follows: L
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I. General Description of Work
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, c
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the J
SERVICES as designated elsewhere in this AGREEMENT. y
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II. General Scope of Work
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The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed a
utilizing performance based contracting methodologies.
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III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or c
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, E
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, L
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groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT Q
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."
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The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated. N
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The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, v
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under c
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the Stat Y
of Washington. a
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Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 181
Revised 02101/2021
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
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; W
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the L
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS _
perform a minimum of 30% of the total amount of this AGREEMENT. v
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In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreemen
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the Y
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. a
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime
involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information d
shall identify any DBE Participation. a,
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All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C - '2
Preparation and Delivery of Electronic Engineering and other Data." in
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All designs, drawings, specifications, documents, and other work products, including all electronic files, prepare(
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service fo: y
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through of o
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shal .
be without liability or legal exposure to the CONSULTANT. c
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth below: w
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If to AGENCY: If to CONSULTANT:
Name: Eric Connor Name: Jeff Faunce
Agency: City of Kent Agency: Cooper Zietz Engineers Inc. DBA: Akana
Address: 220 4th Avenue S Address: 50 116th Avenue SE, Suite 211 E
City: Kent State: WA Zip: 98032 City: Bellevue State: WA Zip: 98004
Email: EConnor@kentwa.gov Email: Jeff.faunce@akana.us a
Phone: (253) 856-5533 Phone: (503) 652-9090
Facsimile: (253) 856-6500 Facsimile: N/A
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IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing b)
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of thi:
AGREEMENT titled"Completion Date."
c
The established completion time shall not be extended because of any delays attributable to the CONSULTANT Q
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because o
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
established completion time.
a
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Packet Pg. 182
Agreement Revised 0210112021
8.F.a
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
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,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR L
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits In-
"D" and"E" and by this reference made part of this AGREEMENT. C
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A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the ,q
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate c
and direct non-salary costs. co
1. Direct(RAW) Labor Costs: The Direct(RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY. a
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as suc 0
on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall
be made at the ICR rates shown in attached Exhibits "D" and"E" of this AGREEMENT. Total in
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ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this y
AGREEMENT, when accumulated with all other Actual Costs. c
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and v
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime an c
all A&E sub-consultants)will submit to the AGENCY within six (6) months after the end of each firm's S
fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc d
for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by rn
the ICR schedule. It shall also be used for the computation of progress payments during the following year Y
and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will
be sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants
shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required d
information is received and an overhead rate for billing purposes is approved.
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The AGENCY's Project Manager and/or the Federal Government may perform an audit of the Q
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. (excluding Meals,which are reimbursed at the per diem rates identified in this section)
These charges may include, but are not limited to, the following items: travel, printing, long distance
telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed v
only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall
comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and a
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs."The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be a
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 183
Revised 02101/2021
8.F.a
4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and"E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated W
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported L
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of 0
Section IX entitled"Termination of Agreement." Jo
5. Management Reserve Fund(MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable Q
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included a)
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any a,
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, N
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
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CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in c
Section XIII, "Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. v
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Ln
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings 7
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required unde
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemizedCn
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listing for each item including Direct(RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work L
on the PROJECT at the time of the interview. d
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C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made L
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, Q
contingent, if applicable, upon receipt of all PS&E,plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by •2
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have rn
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY b,
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect c
to such claims. C
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The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such Y
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to a
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the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of E
overpayment. The CONSULTANT has twenty (20)working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings. a
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 184
Revised 02101/2021
8.F.a
D. 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 upo
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. L
An interim or post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the c
State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. v
0
VI. Sub-Contracting
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The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and by Q
this reference made part of this AGREEMENT.
E
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without L
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY a
and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E" attached
hereto and by this reference made part of this AGREEMENT. Cn
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The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-
consultant cost estimate unless a prior written approval has been issued by the AGENCY. c
0
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All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be c
memorialized in a final written acknowledgement between the parties. 7T_
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All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With N
respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national d
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable E
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the L
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the Q
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
2
C
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or N
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any or-
fee, commission, percentage,brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annr MC
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration Q
or otherwise recover the full amount of such fee, commission, percentage,brokerage fee, gift, or contingent fee.
d
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 a
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 185
Revised 02101/2021
8.F.a
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third parry 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 obligatiot
and responsibility of the CONSULTANT. r_
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The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this y
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly v
retired employees, without written consent of the public employer of such person if he/she will be working on this `o
AGREEMENT for the CONSULTANT.
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VIII. Nondiscrimination a
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
a�
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 a�
(42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) N
through 2000d-4a) • American with Disabilities Act of 1990
• Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.)
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(23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 c
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § 794)
• 49 CFR Part 26 0
• Age Discrimination Act of 1975 RCW 49.60.180 v
(42 U.S.C. Chapter 76 § 6101 et. seq.) Ln
0
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" it
every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations rn
or directives issued pursuant thereto. Y
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IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten E
(10) days written notice to the CONSULTANT.
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In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the Q
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate 2
fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up t,
the time of termination of this AGREEMENT. rn
2
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No payment shall be made for any SERVICES completed after ten(10) days following receipt by the 2
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notic
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this v
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid. 0
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT a
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the um
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES a
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 186
Revised 02101/2021
8.F.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
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed th
amount, which would have been made using the formula set forth in paragraph two (2) of this section. W
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to y
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to 0
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed c
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously. Y
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The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member L
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or a
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. d
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or a,
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The N
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT Cn
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as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of c
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the v
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Ln
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those right; M0
with respect to any future act or omission by the CONSULTANT.
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X. Changes of Work in
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The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as a
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."
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XI. Disputes
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 co
2
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the N
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under c
the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or v
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto a
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, z
situated in the county in which the AGENCY is located. o
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Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 187
Revised 02101/2021
8.F.a
XII. Legal Relations
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 of
Washington. L
The CONSULTANT shall defend, indemnify, and hold The State of Washington(STATE) and the AGENCY and c
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 J°
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 Q
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 the AGENCY, their a
agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom a
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, a
sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legall
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liable, and(b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and o
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense o
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or y
the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, c
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any ..
Ln
AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
0
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the L
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, Cn
L
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's Y
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
communicated to STATE and/or the AGENCY, their 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
improper appropriation or use of trade secrets, patents,proprietary information, know-how, copyright rights or Q
inventions resulting from STATE and/or AGENCY'S, their agents', officers'and employees'failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or rn
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
0
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole ,
discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and c
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. a
c
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The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own E
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 between the Parties.
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 188
Revised 02101/2021
8.F.a
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
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance W
with the contract documents. L
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise v
required, the following insurance with companies or through sources approved by the State Insurance `
Commissioner pursuant to Title 48 RCW. qo
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Insurance Coverage Q
A. Worker's compensation and employer's liability insurance as required by the STATE.
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B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimun E
limits of one million dollars ($1,000,000.00)per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period. a
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for .2
any"Auto" (Symbol 1) used in an amount not less than a one million dollar($1,000,000.00) combined single as
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limit for each occurrence.
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Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
0
consultant and/or subcontractor as an additional insured(the "AIs"), with no restrictions or limitations concerning v
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and o
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured v
coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with 2
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to N
require complete, certified copies of all required insurance policies at any time.
d
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: E
d
Name: Eric Connor L
a�
Agency: City of Kent a
Address: 220 4th Avenue S
City: Kent State: WA Zip: 98032
Email: EConnor@kentwa.gov co
Phone: (253) 856-5566
Facsimile: (253) 586-6500 N
c
No cancellation of the foregoing policies shall be effective without thirty(30) days prior notice to the AGENCY. v
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the a
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional E
liability to third parties be limited in any way.
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Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 189
Revised 02101/2021
8.F.a
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third parry 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 o
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available to it under other provisions of this AGREEMENT, or otherwise in law.
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XIII. Extra Work o
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A. The AGENCY may at any time,by written order, make changes within the general scope of this AGREEMENT ,o
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance Q
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise c
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment E
in the: (1)maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms a
and shall modify this AGREEMENT accordingly. a
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 '2
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final in
payment of this AGREEMENT. c
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing w
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. c
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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 c
to this AGREEMENT.
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XIV. Endorsement of Plans Cn
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If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review 0
The Federal Highway Administration shall have the right to participate in the review or examination of the a�
SERVICES in progress. Q
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XVI. Certification of the Consultant and the Agency
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Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit c
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying c
and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's v
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 0
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "Genera a
Requirements"prior to its performance of any SERVICES under this AGREEMENT.
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Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 190
Revised 02101/2021
8.F.a
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either parry 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
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement 0
to this AGREEMENT. n
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XVIII. Execution and Acceptance o
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This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, Q
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof. d
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XIX. Protection of Confidential Information a
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 v
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state r_
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, Or-
credit card information, driver's license numbers, medical data, law enforcement records (or any other information 00
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security o
data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence L
and not to make use of the State's Confidential Information for any purpose other than the performance of this
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AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such Y
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
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 E
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. Q
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Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's •2
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential rn
Information; or(ii)returned all of the State's Confidential Information to the AGENCY; or(iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
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As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: 0
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
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall Q
be subject to inspection, review, or audit upon reasonable notice from the AGENCY. r
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The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information E
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases. a
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 191
Revised 02101/2021
8.F.a
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the c
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 y
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. v
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The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidentia .°
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such r_
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to Q
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully Z
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by d
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. a,
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The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ .2
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a in
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or c
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that sucl W
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 (0
AGENCY will release the requested information on the date specified. Ln
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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 d
sub-consultant will include the date that such records will be released by the AGENCY to the requester and state
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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,
liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information.
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XX. Records Maintenance a
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
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" co
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall N
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until c
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past �?
the six(6) year retention period.
For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, a
including electronically stored information(`BSI"), that is in the possession, control, or custody of the c
CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s, E
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten 0
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
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work sheets, charts, notes, drafts, scribblings, recordings, visual displays,photographs, minutes of meetings,
Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 192
Revised 02101/2021
8.F.a
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
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
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. 2
For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any y
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either v
directly or after translation into a reasonably useable form. ESI may include information and/or documentation `o
stored in various software programs such as: Email, Outlook,Word, Excel,Access, Publisher, PowerPoint,Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the Y
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
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.
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"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normall3 y
created, viewed, and/or modified.
The CONSULTANT shall include this section XX"Records Maintenance" in every subcontract it enters into in in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in c
writing by the AGENCY prior to the execution of such subcontract.
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In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the 0
"Execution Date"box on page one (1) of this AGREEMENT.
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Signature Date
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Signature Date N
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Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General. N
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Agreement Number: LA10108 /LA10357
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 193
Revised 02101/2021
8.F.a
Exhibit A
Scope of Wor)
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Project No. 21-3009 /20-3003
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Agreement Number: LA10108 /LA10357
Exhibit A-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/0112 Packet Pg. 194
8.F.a
AKANA
IX
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Construction Management Services Scope of Work
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Meeker Street Multimodal, Kent Elementary School and Meeker St at 64th Ave
Intersection Project U
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City Of Kent No.: 21-3009 & 20-3003 °
Federal Aid Number: STPUL-1068(003) & TAP-1068(006)
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Prepared For: Eric Connor
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Prepared By: Daniel Clark, PM
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Date Prepared: August 14, 2024 Q
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I. INTRODUCTION
Akana (CONSULTANT) will provide professional Construction Management{CM) Services for the City of Kent{CITY).These
services will include CM, contract administration,field observation, documentation, and reporting as required during the " +°
Meeker Street Multimodal, Kent Elementary School and Meeker St at 64th Ave Intersection Project " and subsequent 2-
year(24 month) plant establishment period. All services will be provided in accordance with the Washington State o
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Department of Transportation's{WSDOT) Local Agency Guidelines and Construction Manual. CONSULTANT will be Daniel
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Clark, PM/RE; Kelly Clark, CA; and Ed Wagner, Inspector to perform the duties listed below. c
Project Description:
The project work consists of improving storm sewers with the installation of large manholes, enhancing electrical systems
with a new decorative illumination system and pedestrian pushbutton posts, and improving surface hardscapes.This
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includes bulb-outs for vehicles and buses, updated ADA facilities such as curb ramps (including a mid-block crossing), and L
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compliant sidewalks and protected bikeways to enhance safety for all road users—from drivers to cyclists and pedestrians.
Additionally,the project involves repairing roadway sections,grinding existing pavement, pre-leveling Hot Mix Asphalt M
(HMA), and repaving of HMA. Final enhancements will feature channelization, installation of heavy-duty bollards, litter z
receptacles, street benches, and bike racks, designed to improve access to Kent Elementary School, all in accordance with E
the project Contract Plans, Contract Provisions and Standard Specifications.
Assumptions:
1) CONSULTANT used the project duration for the CITY Contractor at 145 Working Days from NTP to Physical Q
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Completion for basis of this scope and fee.This scope and fee excludes any change order time or weather days
given to the CITY Contractor during the course of this Contract.
2) CITY and CONSUTLANT agree the CM agreement will be 5 days prior to Contractor NTP for CONSUTLTANT to Cl)
become familiar with the site, plans, specs, and create project files and document pre-construction status.
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3) The CITY Contractor has a total of 2-year Plant Establishment period.This CM agreement includes 24 months of
part time work(8-hours per month) to meet each month with the Contractor to evaluate plant health and c
maintenance and report to the City. v
4) CONSUTLANT shall be available at the end of the 2-year Plant Establishment period to assist the CITY with close
out documentation.
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II. SCOPE OF WORK
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Phase 1 — Management/ Pre-construction Services a
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Provide overall project management, coordination with the city, progress reporting, and Pre-Construction services. This
effort will include the following elements.
Packet Pg. 195
8.F.a
Meeker Street Multimodal, Kent Elementary School and Meeker St at 64th Ave Intersection Project
August 6,2024
Page 12
• CONSULTANT will review bid documents to become familiar with the project
• CONSULTANT will take pre-construction photographs and burn them to a disc to include in hard-copy files. 2
• CONSULTANT will conduct a site visit to become acquainted with the project site.
• CONSULTANT will prepare hard-copy and electronic files for project documentation. c
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• CONSULTANT will prepare Project Templates for: v
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A. Design Changes .0
B. Change Orders and Change Order Justifications— (City of Kent Template)
C. Case Log and Case Log Files a
D. Pay Estimates, including Ledger— (City of Kent Template) ,
E. Forecasted Cost to Complete
F. Coordination Meeting Agendas, Minutes and Sign-In Sheets
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• CONSULTANT will prepare Project Logs for tracking:
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A. Design Changes
B. Change Orders (CO)
C. Requests for information (RFI)
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D. Submittals
E. Materials on Hand (will correlate with Pay Estimates)
F. Employment Documentation
• CONSULTANT will prepare for, and conduct, a Pre-Construction meeting. Duties will include: v
A. Preparing an agenda draft and sending it to the CITY for review/comments. LO
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B. Developing an attendees list with input from CITY.
C. Conducting the meeting.
D. Preparing Meeting Minutes, sending them to CITY for review/comments, revising them per comments
and distributing them to attendees and affected stakeholders. T
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• CONSULTANT will review the Contractor's initial Schedule against allowable Working Days.
• CONSULTANT will also review schedule sequencing and activity duration to check that they are
reasonable. Any discrepancies, conflicts or unreasonable work durations will be brought to the attention c
of the Contractor and the CITY will be notified.
• CONSULTANT will prepare monthly Consultant progress invoices for CITY review and payment.
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Phase 2 — Construction Administration
• CONSULTANT will prepare a Progress Pay Estimates for work performed by Contractor. Under the
provisions of this contract invoices shall be prepared. These will be completed once CONSULTANT andCn
Contractor have reached agreement on estimate quantities actually installed in the field. r
• CONSULTANT will prepare Weekly Statement of Working Day reports. y
• CITY will monitor Contractor and Sub-Contractor's employment documentation for adherence to contract 0
requirements.
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• CONSULTANT shall perform a preliminary review of submittals and coordinate getting
Technical engineering reviews when appropriate. Materials that do not require testing will a
be rejected, approved or conditionally approved per the requirements of the CITY and the c
Contract provisions. Materials that do require testing will be rejected, approved, or conditionally approved E
per results of field evaluation by the materials testing firm. U
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Packet Pg. 196
8.F.a
Meeker Street Multimodal, Kent Elementary School and Meeker St at 64th Ave Intersection Project
August 6,2024
Page 3
• CONSULTANT will coordinate reviews and responses to Requests for Information (RFIs) submitted by the
Contractor. Responses will include technical interpretations of the drawings, specifications, and Contract r
Documents. The CONSULTANT will update the RFI Log as RFI's are submitted and resolved.
• CONSULTANT will monitor issues that may eventually have impacts to the project budget or schedule.
These issues will be documented and included in the Log as formatted below: U
A. An assigned number that will be used to track each issue separately. ,0
B. The date the issue became known.
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 of the highest cost necessary to resolve the issue.
F. An estimate of the issue's impact on Working Days. Q
G. A summary of project documents that relate to the issue.
H. Comments relating to the issue.
• CONSULTANT will prepare Change Orders on the CITY formatted document and will include the CITY in
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the process of Change Order negotiation and preparation. Items tracked using the Issue Log may
eventually become Change Orders. CONSULTANT Change Order work will include:
A. Scheduling and conducting negotiation meetings. The CONSULTANT will create and distribute
meeting agendas and minutes. °
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B. Preparation of independent Engineer's Estimates. LO
C. Compilation of Change Order back-up. This will include, but is not limited to:
i. Engineer's Estimates
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ii. E-mail correspondence L
iii. Extra Work Orders from Contractor Cn
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iv. Design Change Documents Y
v. Meeting Minutes
D. Preparation of Change Order Justifications. Justifications will include:
i. A description of the change.
ii. An evaluation of what is required by the Contract.
iii. An explanation as to why a Change Order is necessary.
iv. Descriptions of considered alternatives to a Change Order. y
v. The reasons for entitlement; why the work cannot be paid for under the
existing contract.
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vi. The names of those that approved the Change Order.
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vii. An evaluation of impact to Working Days.
viii. Change Order back-up. v
E. Writing the Change Orders and providing them to CITY for edits and/or 0
concurrence.
F. Obtaining the necessary signatures for execution once concurrence has been
given by the CITY. a
G. Maintaining the Change Order Log
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Phase 3 — Construction Services - Field
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• CONSULTANT will provide full-time Inspection consisting of a senior inspector to assist and observe day-to- Q
day conduct of construction. This will include acting as the project hub for communications, monitoring
Packet Pg. 197
8.F.a
Meeker Street Multimodal, Kent Elementary School and Meeker St at 64th Ave Intersection Project
August 6,2024
Page 14
Contractor adherence to Contract Documents and documentation of Contractor's work progress for
payment. °
• CONSULTANT will request and review the Contractor's breakdowns of lump-sum items for accuracy and y
payment purposes. Breakdowns will be used to evaluate the construction progress of these items for pay 0
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estimates. L
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• CONSULTANT will prepare Field Note Records that detail Contractor's completed work for inclusion in
monthly Pay Estimates. Field Note Records will internally be checked for accuracy prior to being entered he
into Pay Estimates. ,
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• Prior to monthly Pay Estimate completion, the CONSULTANT will coordinate with the Contractor to reach
agreement on the Pay Estimate quantities.
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• CONSULTANT will review the materials delivered to the project site to ensure they are the approved Q
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construction materials. This will be done by checking them against the approved Submittals and noting c,
materials delivered on Inspector Daily Reports (IDR).
• CONSULTANT(s) will prepare Inspector's Daily Reports. If there is more than one Inspector, each will
prepare an individual report. IDRs will include:
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A. Weather information.
B. Contractor and Subcontractors working that date, as well as the on-site representative for v
each. LO
C. A work activity summary.
D. Bid items worked on.
E. Equipment and employees utilized, and hours used/worked. L
F. A diary to be used as a narrative of the day's events. �
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G. Photos.
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H. Materials used.
• CONSULTANT will take photos of construction progress and will maintain them electronically in an orderly ,
fashion. Upon completion of the project, these photos will be burned to discs that will be included in the E
hard-copy files.
• CONSULTANT shall schedule monthly plant establishment site reviews (8 hours per month) with the CITY Q
Contractor and CITY for a duration of 12-months from time of acceptance of initial plantings to review a
plant health and maintenance.
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Understanding:
❖ Assumption is Client's Contractor shall work normal 40-hour workweeks. For this project the "normal" 2
work week may occur at night. AKANA does not differentiate day shift from night shift. However, if the
City's Contractor works a double shift (both day and night) within a single 24-hour period this will v
constitute two working days. AKANA's hours for inspection are based on one shift for number of
working days allowed per Contract. a
Deliverables:
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➢ Daily Construction Reports with project photos U
➢ Punch List, Certificate of Substantial Completion Q
➢ Review test reports for compliance
➢ Monthly plant establishment reports
Packet Pg. 198
8.F.a
Meeker Street Multimodal, Kent Elementary School and Meeker St at 64th Ave Intersection Project
August 6,2024
Page 5
Phase 4 — Construction Services — Project Completion o
• Assist the CITY with the close-out of the project. Items of work include the following:
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CONSULTANT will coordinate with the CITY, and the Contractor to resolve outstanding project issues. The
CONSULTANT will prepare and distribute the agendas and minutes.
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• CONSULTANT will prepare a Letter of Substantial Completion for issuance by the CITY. This letter will include o
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punch list items for both Physical Completion and Final Completion.
• CONSULTANT will coordinate with the Contractor to obtain all outstanding project a
documentation. ,
• CONSULTANT will prepare a Punch List of work items for the Contractor. This list will be
created with input from the CITY. Creation of the list will include initial project walkthrough and up to 2
follow-up walkthroughs to ensure Punch List work is complete. The list may still be revised after it has been
issued to the Contractor. Q
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• CONSULTANT will prepare a Letter of Physical Completion for issuance by the CITY. This letter will denote that
the Contractor's work is completed.
• CONSULTANT will take photos of completed project and will maintain them electronically in an orderly
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fashion. Upon completion of the project, these photos will be burned to discs that will be included in the
hard-copy files.
• CITY's Engineering Firm will backdraft the As-Builts to create a Record Drawings for CITY records upon 0
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issuance of Physical Completion and the CONSULTANT will perform a review of the drawings for accuracy. LO
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Phase 5 — Material Testing - Subconsultant
Material Testing, Coordination & Tracking
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• CONSULTANT shall enter into a sub-agreement with HWA (SUBCONSULTANT) for material testing for this Y
project.
• Coordinate with the Contractor and SUBCONSULTANT to schedule testing materials in the field meet
specifications.
• SUBCONSULTANT will inspect materials and conduct testing in accordance with the CITY's direction and
reasonable field evaluation. o,
• SUBCONSULTANT will inspect the Concrete for adherence to Contract requirements. w
• SUBCONSULTANT will inspect installation of Hot Mix Asphalt (HMA) for adherence to Contract requirements. 2
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Phase 99 - EXPENSES
Expenses include items such as Inspector vehicle, plan reproduction, copies, etc. c
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END OF PROPOSAL
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Packet Pg. 199
8.F.a
Exhibit B
DBE Participation
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Agreement Number: LA10108 /LA10357
Exhibit B-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 packet Pg. 200
8.F.a
AKANA
0
DBE Participation Plan
AKANA has a strong track record as a DBE and in supporting other DBEs, recognizing their valuable o
contributions. Akana is DBE certified by OMWBE for construction management services. We have o
verified that the DBE commitment from Akana and HWA Geosciences will contribute towards meeting a
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the 19% DBE goal for the Meeker Street Multimodal, Kent Elementary School, and Meeker Street at Q
64th Avenue Intersection Projects. Below, we provide details about our DBE certification, our DBE
teaming partners, their certification numbers, the scope of work, and our overall approach.
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Cooper Zietz Engineers Inc. DBA: Akana HWA Geosciences, Inc. a
Role: Construction Management/Inspection Services Role: Geotechnical and Materials Testing
DBE Certification No.: DlMO015051 DBE Certification No.: D5F0024692
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Overall Approach & DBE Goal Participation: o
• Monitoring and mitigating negative impacts, such as changed conditions that might affect v
DBE goals. Any identified impacts will be promptly addressed with the city, WSDOT Local c
Programs, and the Office of Equal Opportunities.
• Reporting payment information in the "Diversity Management and Compliance System" (D
on a monthly basis.
• Ensuring DBE subcontractors fulfill the Commercially Useful Function requirements. Y
• Providing the signed agreements with DBEs and payment amounts to the WSDOT
Consultant Services Office.
• We are on track to meet or exceed the 19% DBE goal for the Meeker Street Multimodal,
Kent Elementary School, and Meeker Street at 64th Avenue Intersection Projects. E
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DBE Subconsultant Description Subconsultant Amount
Construction i'_
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AKANA Management/Inspection $701,765.00 Cn
HWA Material Testing $ 54,072.00 r
Total DBE Amount: $755,837.00 N
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❖ As shown in the services estimated cost breakdown above,AKANA is on target to E
meet and exceed the 19%DBE Goal.
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Packet Pg. 201
8.F.a
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Dati
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In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is 0
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: c
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I. Surveying, Roadway Design & Plans Preparation Section ,o
A. Survey Data
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Agreement Number: LA10108 /LA10357
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 202
8.F.a
D. Specify the Agency's Right to Review Product with the Consultant
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E. Specify the Electronic Deliverables to Be Provided to the Agency
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F. Specify What Agency Furnished Services and Information Is to Be Provided
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See Exhibit A - Scope of Work
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Agreement Number: LA10108 /LA10357
Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 203
8.F.a
I1. Any Other Electronic Files to Be Provided
N/A
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11I. Methods to Electronically Exchange Data
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agreement. Deliverables will be provided via hard copy or electronic storage medium at closeout. 2
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Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 packet Pg. 204
8.F.a
A. Agency Software Suite
Microsoft Office Suite, Autodesk Build
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B. Electronic Messaging System
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At project completion, hard copy records will be transferred to Agency and electronic records will be
transferred via electronic storage medium (thumb drive).
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Exhibit C-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 packet Pg. 205
8.F.a
Exhibit D
Prime Consultant Cost Computation;
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See Attached
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Agreement Number: LA10108 /LA10357
Exhibit D-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 206
8.F.a
Adak
Washington State Development Division
�. Department of 7Yans ortation Contract Services Off ice
De
P P PO Box 47408 �
Olympia,WA 98504-7408
7345 Underson Way SW
Tumwater,WA 98501-65D4
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TT`C: 1-800-833-6388 O
www.wsdat.wa.gov V
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July 29, 2024
Cooper Zietz Engineers, Inc Q
6400 SE Lake Road, Suite 200
Portland, Oregon 97222 d
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Subject: Acceptance FYE 2023 ICR—Risk Assessment Review Q
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Dear Bernie Egan:
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Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review
of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2023 ICR of 146.22%
and 131.51% of direct labor for Home office and Field office. This rate will be applicable for
WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject c°�
to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual Ln
basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs,based on the terms L
and conditions of the respective agreement/contract. in
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This was not a cognizant review. Any other entity contracting with your firm is responsible for
determining the acceptability of the ICR.
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If you have any questions, feel free to contact our office at (360) 704-6397 or via email E
consultantratesAwsdot.wa.2ov. L
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Regards,
schatzvle tfa�v�
Schatzie Harvey(Jul 29,202413:48 PD
SCHATZIE HARVEY, CPA
Contract Services Manager O
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Packet Pg. 207
8.F.a
ian a Rates Fnuw
Proposal Fee Estimate Exhibit B AKANA
CLIENT:City of Kent
Meeker Street Multimodal,Kent Elementary School and Meeker N
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PROJECT: St at 64th Ave Intersection Project _U
Job Number(s):City:213009&203003 Federal:STPUL-1068(003)&TAP-1068(006)
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August 1,2024 Rates CZE CZE CZE CZE CZE
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Classification: ❑ Y W -J Total -1 O ii O O 2 1- O
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Task 100-Preconstruction services Ln
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Monthiv Invoicin 6 6 $250 $329 $75 $0 $404 $655
Preconstruction Services 24 32 16 72 $6,316 $8,306 $1,895 $0 $10,200 $16,516 v
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Task 100-Subtotal 0 24 32 16 6 78 $6,566 $8,635 $1,970 $0 $0 $10,605 $17,171 d
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Task 200-Construction Administration +
- fn
Construction Administration-145 Working Days 5 1160 580 1745 $158,840 $208,890 $47,652 $0 $256,542 $415.382 d
Task 200-Subtotal 5 1160 580 0 0 1745 $158,840 $208,890 $47,652 $0 $0 $256,542 $415,382
Task 300-Construction Services Field _ U
Construction Services Field-145 Working Days/9 hours a
day 0 0 0 1305 1305 $84,825 $111,553 $25,448 $0 $137,001 $221,826 }
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Construction Services Field-Plant Estbalishment(24 U
Months 8 Hrs/month 192 192 $12,480 $16,412 $3,744 $0 $20,156 $32,636 E
Task 300-Subtotal 0 0 0 1497 0 1497 $97,305 $127,966 $29,192 $0 $0 $157,157 $254,462 d
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Task 400-Construction Services-Project Completion Q
Construction Services-Project Completion 0 20 20 0 40 $3,728 $4,903 $1,119 $0 $6,022 $9,750
Task 400-Subtotal 20 20 40 $3,728 $4,903 $1,1191 $6,022 $9,750 V
Task 500-Material Testing-Subconsultant d
HWA Matrerial Testing $54,0721 $54,072 $54,072
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Task 500-Subtotal $54,072 �
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Phase 99-Expenses
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Expenses-Inspector Vehicle $4,700 $4,700 $4,700 �
Expenses-Plan reproduction,promect document forms 1 1 $300 $300 $300
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All Phases Total 5 12241 6521 15131 61 3400 $270,168 $355,297 $81,050 $59 072 $0 $495,420 $755 837 '
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P:\PDX PROJECTS\Bellevue CM\000 00 Pending Project Numbers\24-XXX City of Kent\64th and Meeker\Scope and Fee\Copy of Kent Meeker Fee Schedule 8.8.2024 Rev 2 zo Packet Pg. 208
8.F.a
Actuals Not To Exceed Table (ANTE)
0
Cooper Zietz Engineers, Inc. dba Akana
6400 SE Lake Road, Suite 270 y
Portland, OR 972222 0
Field Rate `o
Direct Overhead Fixed Fee All Inclusive c
Job Classifications Labor Rate NTE* NTE Hourly Biling Q
NTE* 131.51% 30.00% Rate NTE
as
Engineer 1 $39.42 $51.84 $11.83 $103.09 E
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Engineer II $68.66 $90.29 $20.60 $179.55 tM
Engineer 111 $73.50 $96.66 $22.05 $192.21 ,Qn
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Engineer IV $95.50 $125.59 $28.65 $249.74 .2
Principal Engineer $120.00 $157.81 $36.00 $313.81 v�
Jr. Environmental Scientist $33.73 $44.36 $10.12 $88.21 M
Environmental Scientist $64.93 $85.39 $19.48 $169.80 '
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Sr. Environmental Scientist $130.00 $170.96 $39.00 $339.96 °
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Principal Scientist $0.00 $0.00 $0.00 $0.00 Ln
CAD $40.00 $52.60 $12.00 $104.60
Sr. CAD $72.11 $94.83 $21.63 $188.57 m
Construction Administrator $41.12 $54.08 $12.34 $107.53 C'n
Sr. Construction Administrator $100.19 $73.65 $16.80 $146.45
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Construction Inspector $63.04 $82.90 $18.91 $164.86
Sr. Construction Inspector $73.50 $96.66 $22.05 $192.21
Construction Manager $73.50 $96.66 $22.05 $192.21 E'E'
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Sr. Construction Manager $132.50 $174.25 $39.75 $346.50
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Resident Engineer $86.23 $113.40 $25.87 $225.50 Q
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Office Engineer $62.00 $81.54 $18.60 $162.14 .2
Architect $54.80 $72.07 $16.44 $143.31 °
Architectural Designer $36.41 $47.88 $10.92 $95.22
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Landscape Architect $44.71 $58.80 $13.41 $116.92 w
Intern $30.77 $40.47 $9.23 $80.47 v
Project Manager $85.00 $111.78 $25.50 $222.28
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Sr. Project Manager $83.96 $110.42 $25.19 $219.56 Y
Program Manager $132.50 $174.25 $39.75 $346.50
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Project Coordinator $56.00 $73.65 $16.80 $146.45
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Landscape Designer $0.00 $0.00 $0.00 $0.00 0
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Packet Pg. 209
8.F.a
Exhibit E
Sub-consultant Cost Computation;
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If no sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the °
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performance of any work under this AGREEMENT without prior written permission of the AGENCY. i
Refer to section VI "Sub-Contracting" of this AGREEMENT.
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See Attached v L
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Agreement Number: LA10108 /LA10357
Exhibit E-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 210
8.F.a
Adak
Washington State Development Division
�. Department of 7Yans ortation Contract Services Off ice
De
P P PO Box 47408 �
Olympia,WA 98504-7408
7345 Underson Way 5W
Tumwater,WA 98501-6504
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TT`C: 1-800-833-6388 O
www.wsdat.wa.gov V
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July 16, 2024
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HWA GeoSciences, Inc.
21312 30th Dr SE, Suite 110 d
Bothell, WA 98021 L
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Subject: Acceptance FYE 2023 ICR—CPA Report
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Dear Tracy Brodahl:
We have accepted your firm's FYE 2023 Indirect Cost Rate (ICR) of 187.24% (rate includes c
1.03% Facilities Capital Cost of Money) based on the "Independent CPA Report"prepared by T- c°�
Max CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Ln
Washington only. This rate may be subject to additional review if considered necessary by 0
WSDOT. Your ICR must be updated on an annual basis.
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Costs billed to agreements/contracts will still be subject to audit of actual costs,based on the terms in
and conditions of the respective agreement/contract. Y
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This was not a cognizant review. Any other entity contracting with the firm is responsible for
determining the acceptability of the ICR.
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If you have any questions, feel free to contact our office at (360) 704-6397 or via email L
consu1tantratesna,wsdot.wa.2ov. Q
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Regards,
co
scha�zire 1farvetl
Schatzie Harvey (Jul 17, 2024 06:47 P c
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SCHATZIE HARVEY, CPA
Contract Services Manager
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8.F.a
Project Cost Estimate HWA Ref: 2024-236
Inspection&Testing R (�C cc TT A; C T Date: 14-Aug-24
Meeker Street Improvements-64th Ave and Kent Elem-Schedules A&B GEOJC1E VV CEJ INC.
VC.
Kent,Washington U�r DBEIMWBE Prepared By: BKH/BS
Prepared For:Daniel Clark,PE,Akana to
PROPOSED WORK SCOPE:
This cost estimate is based on plans and specifications provided by Client.
1. Sampling and acceptance/Proctor testing of Gravel Borrow,CSBC,CSTC,PZB,Bank Run Gravel,and Utility Sand for use in trench backfill,and roadway/sidewalk construction.
2. Inspection and testing of compacted aggregates for utility trenches,roadway/sidewalk subgrade,and ADA ramp construction.
3. Sampling of HMA aggregate for acceptance and oil at the plant for ignition oven correction factor.
4. Sampling and testing HMA during paving for Rice density,extraction and gradation(minimum:one test sample per 1000 tons).
5. Inspection and testing of HMA placement and compaction(minimum:one test per 100 tons).
6. Sampling of Concrete Aggregates at plants for acceptance testing. C
7. Concrete sampling for reinforced crosswalk,driveway and pole foundations. V
8. Written field reports will be prepared for all inspections and reviewed for QC. Ln
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Material Testing-ESTIMATED HWA LABOR:
2024 PERSONNEL&BILLING RATES y
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Scope of Services GeoEng VBI GeoEng II Geol VI Geol B Contracts TOTAL TOTAL +i
$94.00 $47.00 $63.00 $37.00 850.00 HOURS AMOUNT
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Aggregate Inspection and Testing,including:
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Schedule A
Sampling for Aggregates shared with Schedule B -assume 1 source each 4 4 $148 4)
Inspection and Testing of Storm and Water Trench Backfill 4 visits 24 '_4 $888
Inspection and Testing of JUT Trench Backfill 3 visits 18 1 S $666
Inspection and Testing of compacted aggregates for roadway/sidewalk 4 visits 24 '_4 $888 y
Schedule B E
Sampling for Aggregates shared with Schedule A -assume 1 source each 4 4 $148 d
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Inspection and Testing of Storm and Water Trench Backfill 4 visits 24 24 1 $888
Inspection and Testing of JUT Trench Backfill 3 visits 1 S 18 $666 Q
Inspection and Testing of compacted aggregates for roadway/sidewalk 4 visits '_4 24 $888 N
Asphalt Inspection and Testing,including: V
Schedule A
HMA Oven Ignition Correction Sampling of Aggregate and Oil(2 mixes x 1 source) 4 4 $148
Inspection and Testing during HMA permanent trench patching 8 8 $296 y
Inspection and Testing during HMA Roadway/Overlay 10 10 $370
HMA Sampling at Batch Plant 1 trips) 4 4 $148 M
Schedule B
Inspection and Testingdurin HMA permanent trench patchingS 8 $296 3
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Inspection and Testing during HMA Roadway/Overlay 10 10 $370
HMA Sampling at Batch Plant 1 trips) 4 4 $148
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Concrete Inspection and Testing,including:
Schedule A
Driveway Testing 2 visits,plus pickups) 16 16 $592
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Pole Foundations 2 visits,plus pickups) 6 16 $592 Y
Schedule B Q
Concrete Aggregate Sampling 2 sources S 8 $296
Reinforced Concrete Crosswalk 2 visits,plus pickups) 16 16 $592
Pole Foundations 2 visits,plus pickups) 16 16 $592
Geoteehnieal ObservatiomProject Management V
Preconstruction Meeting 2 2 $126
QA Review,PM,Reporting,Submittal Reviews,and Report Distribution 20 16 6 1 42 $3,188 Q
DIRECT SALARY COST 20 0 18 260 6 304 $12 934
Meeker Street-Estimate 2024-08-14 Schedules A&B
Packet Pg. 212
8.F.a
LABORATORY TESTING SUMMARY: Est.No. Unit Total
Tests Cost Cost
Schedule A
Concrete Compressive Strength Cylinders assume 4 sets x 4 cylinders each set 16 $35 $560 N
Schedule B v
Concrete Aggregates 2 mixes x 2 aggregate components GS 4 $195 $780 U
Concrete Compressive Strength Cylinders assume 6 sets x 4 cylinders each set 24 $35 $840
Shared Between Schedules
Acceptance Testing for CSBC and CSTC GS,SE,Fracture -assume 2 sources 2 $375 $750
Acceptance Testing Gravel Borrow,Pipe Zone Bedding,and Bank Run Gravel GS,SE -assume 2 sources 6 $310 $1,860
Acceptance Testing Utility Sand GS -assume 2 sources 2 $195 $390
Proctor Tests on all Materials to be Compacted 6 $285 $1,710 rn
HMA A e ates 2 mix designs) FF,SE,Uncom acted Voids 2 $330 $660
HMA Oven Correction Factor 2 mixes x 1 sources x 3 burns 6 $160 $960
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HMA:Rice Density,Extraction/Gradation 2 $385 $770
TOTAL LABORATORY TESTING: $9,280 Ln
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ESTIMATED DIRECT EXPENSES:
Schedule A
Mileage to Job Site IRS Rate 0.67/mile,assume 21 trips $1,060 y
Mileage for Sampling Aggregates and HMA at Sources $115
Nuclear Gauge Rental Thin Lift or Soil):13 days $50/da $650
Schedule B y
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Milea a to Job Site IRS Rate 0.67/mile,assume 21 trips $1,060 Y
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Mileage for Sampling Aggregates and HMA at Sources $225 U
Nuclear Gauge Rental(Thin Lift or Soil):13 days @$50/day $650
TOTAL DIRECT EXPENSES: $3,760 }
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ESTIMATED PROJECT TOTALS AND SUMMARY: d
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Direct Salary Cost(DSC) $12,934 i
OH @ 1.8724*DSC $24,218 Q
FF @ 30%*(DSC) $3,880 y
Total Labor Cost $41,032 d
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Laboratory Testing $9,280
Direct Expenses $3,760 y
ESTIMATED TASK TOTAL: $54,072 y
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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.
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2.The HWA PM reserves the right to shift hours between the various subtasks as required. C
3.The HWA work scope does not include safety assessment nor work pertaining to any environmental issues. 0
4.This cost estimate was prepared with the understanding that the Client will schedule inspection as needed. V
5.All night work is charged at an 8 hour minimum segment.Night work cancelled within 12 hrs of scheduled time will be charged 4 hrs.
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.
7.Per Client request,3000 psi,Commercial,and concrete for sidewalks,curb/gutter,ADA ramps,and thrust blocks will not be tested. Y
8.No density testing will be needed for water service connections outside of the roadway prism. a
9.Lab testing for acceptance/Proctors will be shared between Schedules A and B.
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Meeker Street-Estimate 2024-08-14 Schedules A&B
Packet Pg. 213
8.F.a
HWA GEOSCIENCES,INC.
STATEMENT OF DIRECT LABOR,FRINGE BENEFITS,AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31,2023 O
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GL Account Unallowable Total %of Direct r
Description Balance Costs FAR Ref Proposed Labor
Direct Labor $ 2,542,477 $ - $ 2,542,477 O
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Fringe Benefits: 'qO
Bonuses $ 676,312 $ - $ 676,312 c
PTO 415,033 - 415,033 Q
401 k 122,129 - 122,129
Employee group insurance 311,561 (5,190) (1) 306,371
Workers'comp 11,381 - 11,381 d
Payroll taxes 346,233 (2,698) (2) 343,535 m
Other employee benefits 24,154 (17,972) (3)(4) 6,182 2!
Total Fringe Benefits $ 1,906,803 $ (25,860) $ 1,880.943 73.98% Q
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General Overhead: v
Indirect labor $ 1,124,560 $ (49,222) (5)(6) $ 1,075,338
Bid and proposals 91,966 (136) (4)(7) 91,830
Automobile expense 22,346 - 22,346
Advertising and marketing 47,602 (47,602) (6) -
Bank service charges 3,576 - 3,576 O
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Contributions 2,161 (2,161) (8)(9) - r-
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Computer and software expenses 231,875 - 231,875 C)
Depreciation and amortization 143,987 - 143,987
Dues and subscriptions 5,478 - 5,478 c
Insurance 262,396 - 262,396 7T
Interest 30,239 (30,239) (10)(11) -
Maintenance and repairs 5,774 - 5,774 L
Meals and entertainment 9,288 (1,200) (3) 8,088
Office supplies and postage 40,685 (1,520) (12)(13) 39,165
Printing 25,839 - 25,839 �c
Professional fees 122,081 (288) (14) 121,793
Seminars and professional education 61,854 (222) (15) 61,632
Supplies 71,843 - 71,843
Rent and utilities 502,396 - 502,396
Taxes and licenses 423,238 (238,098) (2)(10)(11)(16) 185,140 y
Telecommunications 63,027 - 63,027 L
Travel 5,326 - 5,326 Q
Recovery (37,025) (36,443) (17) (73,468) N
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Total General Overhead $ 3,260,512 $ (407.131) $ 2,853.381 112.23% v
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Total Fringe Benefits and General Overhead $ 5,167,315 $ (432,991) $ 4,734,324 186.21% c
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Facilities Capital Cost of Money(FCCM) $ 26,264 1.03% u3i
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Packet Pg. 214
8.F.a
HWA GEOSCIENCES,INC.
DESCRIPTION OF FAR REFERENCES
FOR THE YEAR ENDED DECEMBER 31,2023 O
O
(1) 31.205-19(e)(2)(v)Insurance and indemnification-Costs of insurance on the lives of officers,partners,proprietors,or employees that does
not represent additional compensation and the company is the beneficiary of the policy is unallowable.
C
(2) 31.201-6(a)Accounting for unallowable costs-When an unallowable cost is incurred,its directly associated costs are also unallowable. O
U
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(3) 31.205-14 Entertainment costs—Costs of amusement,diversions,social activities,and any directly associated costs such as tickets to shows Jq
or sports events,meals,lodging,rentals,transportation,and gratuities are unallowable.
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(4) 31.205-51 Costs of alcoholic beverages-Costs of alcoholic beverages are unallowable. Q
(5) 31.205-6 Compensation for personal services(b)(2)-Compensation is reasonable if the aggregate of each measurable and allowable element d
sums to a reasonable total.Any amount in excess of reasonableness is unallowable. m
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(6) 31.205-1(f)(1)Public relations and advertising costs-All public relations and advertising costs whose primary purpose is to promote the
Q
sale of products or services by stimulating interest in a product or product line,or by disseminating messages calling favorable attention to to
the contractor for purposes of enhancing the company image to sell the company's products or services are unallowable. cOj
(7) 31.205-46(a)(2)Travel costs-Costs incurred for lodging,meals,and incidental expenses shall be considered to be reasonable and allowable d
U
only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel.
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(8) 31.205-8 Contributions or donations-Contributions or donations,including cash,property and services,regardless of recipient,are N
unallowable. C
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(9) 31.205-22(a)(1)Lobbying and political activity costs-Attempts to influence the outcomes of any Federal,State,or local election,
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referendum,initiative,or similar procedure,through in kind or cash contributions,endorsements,publicity,or similar activities are
unallowable.
(10) 31.205-20-Interest and other financial costs-Interest on borrowings(however represented)are unallowable. d
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(11) 31.205-15(a)Fines,penalties,and mischarging costs-Costs of fines and penalties resulting from violations of,or failure of the contractor to U
comply with,Federal,State,local,or foreign laws and regulations,are unallowable. Ly
Y
(12) 31.205-13(b)Employee morale,health,welfare,food service,and dormitory costs and credits-Costs of gifts are unallowable. O
(13) 31.201-2(c)Determining allowability-Costs for other accounting periods are unallowable.
d
(14) 31.202(a)Direct costs-Direct costs of the contract shall be charged directly to the contract.
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(15) 31.201-2(d)Determining allowability-Costs not supported with documentation are unallowable. Q
N
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(16) 31.205-41 (b)(7)Taxes-Income tax accruals designed to account for the tax effects of differences between taxable income and pretax v
income as reflected by the books of account and financial statements are unallowable.
m
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(17) 31.201-5 Credits-The applicable portion of any income,rebate,allowance,or other credit relating to any allowable cost and received by or
accruing to the contractor shall be credited to the Government either as a cost reduction or by cash refund. M
3
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Packet Pg. 215
8.F.a
1 21312 3oth Drive SE,5te.110,Bothell,WA 98021-7010
Ua' GEoSCIENCES INC. Phone;425.774,0105 Fax;425.774.2714 0
�8E'h91�18E www.hwageo.tom 3
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HWA GEOSCIENCES INC. 0
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2024 ANTE HOURLY RATES BY CATEGORY o
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TITLE HOURLY Overhead Fixed Fee Billing c
RATE 1.8724 30.00% Rate E
Administrative Support $35.00 $65.53 $10.50 $111.04
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CAD $45.00 $84.26 $13.50 $142.77 Q
Contracts Administrator $50.00 $93.62 $15.00 $158.63
Geologist 1 $30.00 $56.17 $9.00 $95.18
Geologist II $37.00 $69.28 $11.10 $117.39
c
Geologist III $45.00 $84.26 $13.50 $142.77
Geologist IV $53.00 $99.24 $15.90 $168.15
Geologist V $55.00 $102.98 $16.50 $174.49 U
Geologist VI $63.00 $117.96 $18.90 $199.87 LO
0
Geologist VII $70.00 $131.07 $21.00 $222.08
74�-
Geologist VIII $90.00 $168.52 $27.00 $285.53 a
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Geotechnical Engineer 1 $40.00 $74.90 $12.00 $126.91 W
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Geotechnical Engineer II $47.00 $88.00 $14.10 $149.11 Y
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Geotechnical Engineer III $50.00 $93.62 $15.00 $158.63
Geotechnical Engineer IV $55.00 $102.98 $16.50 $174.49 r
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Geotechnical Engineer V $63.00 $117.96 $18.90 $199.87
E
Geotechnical Engineer VI $72.00 $134.81 $21.60 $228.42 L
Geotechnical Engineer VII $86.00 $161.03 $25.80 $272.84 Q
Geotechnical Engineer VIII $94.00 $176.01 $28.20 $298.22
H dro eolo ist IV $56.00 $104.85 $16.80 $177.66 '
Y g g aD
Hydrogeologist V $60.00 $112.34 $18.00 $190.35
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Lab/Field Technician 1 $25.00 $46.81 $7.50 $79.32
Lab/Field Technician 11 $29.00 $54.30 $8.70 $92.01
0
Lab/Field Technician III $35.00 $65.53 $10.50 $111.04 U
Lab/Field Technician IV $46.00 $86.13 $13.80 $145.94
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Lab/Field Technician V $50.00 $93.62 $15.00 $158.63
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Principal IX $110.00 $205.96 $33.00 $348.97
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8.F.a
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in =
interest(hereinafter referred to as the "contractor") agrees as follows:
L
1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Acts c
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of v
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which c
are herein incorporated by reference and made a part of this contract.
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2. Non-discrimination: The contractor,with regard to the work performed by it during the contract, will not Q
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or E
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices L
when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. a
[Include Modal Operating Administration specific program requirements.]
3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, Cn
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 c
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.[Include G
c.�
Modal Operating Administration specific program requirements.]
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4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other a
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal in
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and a`)
instructions. Where any information required of a contractor is in the exclusive possession of another who fails a
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
as
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5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination L
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal t
Operating Administration) may determine to be appropriate, including,but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
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b. cancelling, terminating, or suspending a contract, in whole or in part. c
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 v
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a a
means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor a
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States. 2
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LA10108/LA10357
Local Agency A&E Professional Services Cost Agreement Numb
Plus Fixed Fee Consultant Agreement Revised 0210112021 1 Packet Pg. 217
8.F.a
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
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During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes y
and authorities; including but not limited to: 0
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Pertinent Non-Discrimination Authorities: J°
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits Q
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
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 N
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
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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 o
on the basis of age); y
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits 0
discrimination based on race, creed, color, national origin, or sex); v
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and c
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and 7T_
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or a
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
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contractors, whether such programs or activities are Federally funded or not); L
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities,public and private transportation systems, places of public 2
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by ,
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex); t
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs,policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, v
and resulting agency guidance, national origin discrimination includes discrimination because of limited N
English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to 0
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); U
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq). a
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LA10108/LA10357
Local Agency A&E Professional Services Agreement Numb
Negotiated Hourly Rate Consultant Agreement Revised 0210112021 1 Packet Pg. 218
8.F.a
Exhibit G
Certification Document:
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Exhibit G-1(a) Certification of Consultant °
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Exhibit G-1(b) Certification of Agency Official n
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Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - v
Primary Covered Transactions ,°
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Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Q
Exhibit G-4 Certificate of Current Cost or Pricing Data N/A
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Agreement Number: LA10108 /LA10357
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 021011 Packet Pg. 219
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
Akana
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whose address is
50 116th Avenue SE, Suite 211, Bellevue, WA 98004
L
and that neither the above firm nor I have: n
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a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, v
any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) °
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of Q
any firm or person in connection with carrying out this AGREEMENT; or
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c) Paid, or agreed to pay, to any firm, organization or person(other than a bona fide employee working solely L
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in a
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any);
I acknowledge that this certificate is to be furnished to the City of Kent
and the Federal Highway Administration, U.S. Department of Transportation in connection with this Cn
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AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and o
Federal laws, both criminal and civil. y
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Akana c
Consultant(Firm Name)
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Agreement Number: LA10108 /LA10357
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/ Packet Pg. 220
8.F.a
Exhibit G-1(b) Certification of City of Kent
I hereby certify that I am the:
❑,/ Agency Official o
❑ Other L
c
of the City of Kent , and Akana v
or its representative has not been required, directly or indirectly as an express or implied condition in connection `o
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or Q
b) Pay, or agree to pay, to any firm,person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated(if any): E
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I acknowledge that this certificate is to be furnished to the City of Kent a
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.
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Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101 Packet Pg. 221
8.F.a
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals r
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A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency; y
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B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgmer. 00
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rendered against them for commission of fraud or a criminal offense in connection with obtaining, ,o
attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, Q
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
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C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity L
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(Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) a
of this certification; and
D. Have not within a three (3)year period preceding this application/proposal had one or more public
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transactions (Federal, State and local) terminated for cause or default.
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11. Where the prospective primary participant is unable to certify to any of the statements in this certification, 5
such prospective participant shall attach an explanation to this proposal. c
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Consultant(Firm Name) Y
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Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101 Packet Pg. 222
8.F.a
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her °
knowledge and belief, that:
°
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any y
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member ro-
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection c
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,
or modification of Federal contract, grant, loan or cooperative AGREEMENT. Q
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 E
an officer or employee of Congress, or an employee of a Member of Congress in connection with this a�
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Q
Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
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was made or entered into. Submission of this certification is a prerequisite for making or entering into
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. °
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The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require o
that the language of this certification be included in all lower tier sub-contracts, which exceed$100,000, S
and that all such sub-recipients shall certify and disclose accordingly.
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Consultant(Firm Name)
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Agreement Number: LA10108 /LA10357
Exhibit G-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101 Packet Pg. 223
8.F.a
Exhibit J
Consultant Claim Procedure!
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The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
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 c
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) v
L
that total $1,000 or less. ,°
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This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential 5
claim by the consultant. Q
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Step 1 Consultant Files a Claim with the Agency Project Manager E
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If the consultant determines that they were requested to perform additional services that were outside a�
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed a
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
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• 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; c
• Timeframe of the additional work that was outside of the project scope; c°�
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with c
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement L
scope of work. in
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Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the ,
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
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's a,
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region N
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer,WSDOT Local Programs c
(if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim.After the request has been approved, the Agency shall write the supplement and/or new v
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. Y
If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures.
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Agreement Number: LA10108 /LA10357
Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2 Packet Pg. 224
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
for the Director of Public Works or Agency Engineer that included the following:
c
• Copy of information supplied by the consultant regarding the claim; W
• Agency's summation of hours by classification for each firm that should be included in the claim; y
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• Any correspondence that directed the consultant to perform the additional work;
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• Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associated J°
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's Q
claim(s);
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• Explanation to describe what has been instituted to preclude future consultant claim(s); and d
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• Recommendations to resolve the claim. a
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapproveCn
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as c
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. v
Step 5 Informing Consultant of Decision Regarding the Claim c
The Director of Public Works or Agency Engineer shall notify(in writing) the consultant of their final a
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision. �
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Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
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Agreement Number: LA10108 /LA10357
Exhibit J-Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/2 Packet Pg. 225
8.G
•
KENT
W A S M I N G T O N
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: Motion in Support of the Establishment of the Kent Valley
Air and Space Manufacturing Roundtable
MOTION: I move to express the City Council's support for the
establishment of the Kent Valley Air and Space Manufacturing Roundtable
and invite the participation of local aerospace industry representatives.
SUMMARY: Neighboring agencies, including other cities, school districts, and
educational institutions are working together to support the establishment of the
Kent Valley Air and Space Manufacturing Roundtable, aiming to foster collaboration
among industry leaders, educators, and public sector representatives to address
workforce development, drive legislative agendas, and promote economic
sustainability within the aerospace industry. The support of Kent and other agencies
emphasizes the importance of partnerships between K-12 education, higher
education institutions, and the aerospace sector to align training programs with
industry needs. C-suite executives from aerospace employers are invited to
participate in the Roundtable's initiatives and commit to ongoing collaboration
between educational institutions, city leaders, and industry partners to ensure the
success of this strategic initiative.
The Economic and Community Development Department is in communication with
other agencies regarding a memorandum of understanding that will be signed by
the Mayor expressing these sentiments.
This motion in support of the establishment of the Kent Valley Air and Space
Manufacturing Roundtable will both be presented to the Committee of the Whole
and placed on the City Council consent agenda on September 17, 2024.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 226
8.G
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Kent Valley Air Space Roundtable MOU (PDF)
Packet Pg. 227
8.G.a
Kent Valley Air and Space Manufacturing Roundtable
Memorandum of Understanding
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in
Subject: Establishment of the Kent Valley Air and Space Manufacturing Roundtable
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Whereas, Green River College and Renton Technical College, as mission driven
institutions of higher education and talent development, recognize the value of �.
strong collaboration between aerospace leaders and the alignment of training and Y
programs with industry growth;
4-
Whereas, The Auburn, Kent, and Renton School Districts are the starting point for
student career exploration and contribute to the development of workforce a)
education programs by fostering career connections between K-12 education, post- y
secondary pathways, and the aerospace industry;
Whereas, The public sector leaders representing the cities of Auburn, Kent,
Tukwila, and Renton, along with Kent Valley education leaders, recognize the need
for a strategic initiative aimed at addressing challenges and opportunities within 0
Kent Valley's aerospace industry; V_
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Whereas, The Next Generation Sector Partnerships model has demonstrated N
success in facilitating collaboration between business leaders, educators, and
government entities to address industry challenges and promote economic vitality o
and sustainability; 0
Whereas, The creation of the Kent Valley Air and Space Manufacturing Roundtable r
provides an efficient platform for industry leaders to collectively address workforce
and talent development, drive legislative agendas, and promote economic vitality
and sustainability within the aerospace industry; 0
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Whereas, Participation from industry leaders is essential for success of the Kent
Valley Air and Space Manufacturing Roundtable as Kent Valley employers are
creating the jobs of the future and their guidance is critical to shaping the 0
aerospace industry's talent pipeline.
Now, therefore, be it resolved, that Green River and Renton Technical Colleges, cn
and the Auburn, Kent and Renton School Districts hereby invite establishment of A=
the Kent Valley Air and Space Manufacturing Roundtable to build stronger ;,
partnerships, foster collaboration, and expand equitable access to our region's best
jobs; >
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Be it further resolved that Kent Valley employers represented by C-suite Y
executives, are invited to join the Kent Valley Air and Space Manufacturing
Roundtable, and participate in the inaugural launch meeting scheduled for late E
October 2024, as well as subsequent biannual meetings and Action Teams;
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Packet Pg. 228
8.G.a
Be it further resolved that the cities of Auburn, Kent, Renton, and Tukwila
express their support for the establishment of the Kent Valley Air and Space
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Manufacturing Roundtable and commit to working collaboratively with the Auburn, cn
Kent and Renton School Districts, as well as Green River and Renton Technical
Colleges, and industry partners to ensure its success;
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Be it further resolved that the Auburn, Kent and Renton School Districts, Green
River, and Renton Technical Colleges, along with the city mayors, extend their
sincere appreciation to Kent Valley Air and Space Industry employers for
considering this opportunity to collaborate and shape the future of the air and space Y
manufacturing industry and region.
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Signed: °
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Dr. Suzanne Johnson, President Nancy Backus, Mayor a
Green River College City of Auburn w
Date: Date: 0
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Dr. Yoshiko Harden, President Dana Ralph, Mayor
Renton Technical College City of Kent o
Date: Date: 0
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Dr. Alan Spicciati, Superintendent Armondo Pavone, Mayor
Auburn School District City of Renton 0
Date: Date: a�
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Israel Vela, Superintendent Thomas McLeod, Mayor W
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Kent School District City of Tukwila
Date: Date: cn
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Dr. Damien Pattenaude, Superintendent >
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Renton School District
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Packet Pg. 229
8.H
KENT
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: Accept the Morrill Meadows Park Renovation as Complete —
Authorize
MOTION: I move to authorize the Mayor to accept the Morrill Meadows
Park Renovation project as complete and release retainage to Harkness
Construction upon receipt of standard releases from the State and the
release of any liens.
SUMMARY: In April 2023, after a competitive bidding process, the Parks
Department contracted with Harkness Construction to complete the Morrill Meadows
Park Renovation project. All work on this project has been physically completed.
The final contract amount including all change orders and tax was $1,758,167.31.
Harkness Construction submitted a Retention Bond for this contract in lieu of the
standard 5% retainage withholding. The bond will be released to the bonding
company upon receipt of authorizing certificates from WA State Department of
Revenue, Department of Labor & Industries, and Employment Security Department.
This is the Final Acceptance of this project.
BUDGET IMPACT: Expense impact to Morrill Meadows capital budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Morrill Meadows Accept EXHIBIT(PDF)
Packet Pg. 230
8.H.a
PARKS, RECREATION &COMMUNITY SERVICES
Bryan Higgins, Interim Parks Planning & Development Manager
Parks, Recreation and Community Services
220 4th Avenue South
KEN7 Kent, WA 98032 N
wA5"'"0T°" Fax: 253-856-6050 0
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PHONE: 253-856-5113 Q
8/20/2024 E
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Jason Harkness
Harkness Construction o
45015 24411 Ave SE a`
Enumclaw WA 98022 0
RE: Morrill Meadows Park Renovation PK21-03 0
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Jason, Y
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A final inspection of the Morrill Meadows Park was made on 08/20/2024 and the 3
work was found to be completed to the City's satisfaction.
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This letter constitutes the Notice of Final Completion for this work.
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Upon confirmation of approved L&I prevailing wage Affidavits online, and Final
Acceptance by Kent City Council, a Notice of Completion will be filed with the
Washington Department of Labor & Industries, Department of Revenue and a
Employment Security Department.
Q
Retained funds will be released upon receipt of compliance certificates from
Washington L&I, Dept. of Revenue and Employment Security Dept. r
To avoid delays in project closeout and retainage release, please ensure that all m
prevailing wage affidavits are filed promptly with Washington L&I. _
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Please call or email with questions. Thank you. a
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Regards, Q
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3
Bryan Higgins =
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Interim Parks Planning & Development Manager `0
Parks Planning &Development Division
Parks, Recreation, &Community Services
220 Fourth Avenue South, Kent, WA 98032
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253-856-5113
bhiggins@KentWA.gov r
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City of Kent Parks, Recreation &Community Services
Julie Parascondola, C Packet Pg. 231
8.1
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KENT
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: Waller Purchase and Sale Agreement - Approve
MOTION: I move to approve the purchase of the Waller property, located at
115 Naden Avenue South, for $140,000, should the City and the property's
owner agree on final terms of the purchase and sale.
SUMMARY: The property located at 115 Naden Avenue South has been subject to
several fires, which have destroyed the residential structure. The remnants of the
structure and its contents are fire damaged and littered about the property, which
has created a public nuisance and resulted in the property being subject to code
enforcement proceedings. The owner of the property is elderly, lives out of state,
and has limited resources which are insufficient for her to abate the public
nuisance. The property owner has given the City her permission to enter the
property, abate the nuisance, and assess a lien against the property tax roll to
reimburse the City for its abatement costs.
In the course of the City's discussion with the owner concerning the need to abate
the public nuisance, she indicated she was interested in selling the property. Given
the City's vision for the Naden Avenue assemblage, the City advised the owner it
would be interested in purchasing the property. The owner and Kurt Hanson, the
City's Economic and Community Development Director, negotiated the purchase
price of $140,000 from which the City would deduct the costs necessary to abate
the existing nuisance.
The parties are close to an agreement, but negotiations continue. If the parties are
able to reach a final agreement, the purchase will move toward closing, with the
City abating the nuisance in the meantime. If the parties are unable to reach a final
agreement, the City will abate the public nuisance and lien the property for the
amount of the abatement costs.
Should the Committee of the Whole approve the City's purchase of the Waller
property for $140,000, the matter will proceed to the City Council for final action
the same night on its Consent Calendar. Should the City and the property's owner
be able to agree on final terms, the City will be able to move the purchase towards
closing.
BUDGET IMPACT: $140,000 from the General Fund.
Packet Pg. 232
8.1
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Waller-REPSA with Exhibits (PDF)
Packet Pg. 233
Docusign Envelope ID:7DF6075F-4F99-4B81-BB52-D8D29D4C1878
8.I.a
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation, ("Buyer") whose mailing address is 220 4t" Avenue South,
Kent, Washington 98032-5895, and Ruth Waller ("Seller") whose mailing address
is 758 Norman Ave NE, Salem, Oregon 97301, for the sale and purchase of real
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property as follows: o
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1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees Q
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to sell, is commonly known as King County Tax Parcel Number 242204-9120-08 and
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located at 115 Naden Avenue South, Kent, WA 98032 (the "Property"). The Property
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includes land and a residential structure that has been significantly damaged by
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multiple fires, which has created a public nuisance in the City of Kent, Washington.
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Separately, Seller has given the Buyer consent to enter the Property and remove the M
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residential structure and its associated debris. The Property is legally described in
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Exhibit ""A", attached hereto and incorporated herein by this reference. a
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2. EARNEST MONEY. Within 15 business days of mutual acceptance of
this Agreement, Buyer shall deposit with Fidelity National Title Insurance Company co
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(the "Escrow Agent"), the sum of Five Thousand Dollars ($5,000) in the form of a �
Certified Check, as refundable earnest money to be applied toward the purchase price
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of the Property payable at Closing. If this agreement is terminated for any reason, w
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the Earnest Money shall be returned to Buyer in full within 5 business days of
termination. Q
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3. PURCHASE PRICE. The total purchase price for the Property is ONE
HUNDRED AND FORTY THOUSAND DOLLARS ($140,000), including Earnest Money,
payable on Closing. From this purchase price amount, the parties agree that Seller
shall net at Closing at least FORTY-SEVEN THOUSAND DOLLARS ($47,000)
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("Minimum Net Proceeds"). From the purchase price deposited by Seller, the Escrow Q
Agent shall: (a) pay-off all debt owed by Seller that is secured against the Property;
(b) reimburse the City for all abatement costs paid to demolish the remaining
structure and remove the public nuisance from the Property; and (c) reimburse the
City for all costs to decommission or remove any underground tanks that exist on the
Real Estate Purchase and Sale Agreement Page 1 of 7
Packet Pg. 234
Docusign Envelope ID:7DF6075F-4F99-4B81-BB52-D8D29D4C1878
8.I.a
Property; provided, however, that the City shall be reimbursed only up to a sum that
allows the Seller to receive at Closing the Minimum Net Proceeds. To ensure Seller
receives the Minimum Net Proceeds, the City agrees to pay all other costs necessary
at Closing and to forego receipt of any reimbursement that would otherwise result in
Seller receiving less than the Minimum Net Proceeds.
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4. CONTINGENCIES. This Agreement is contingent upon: 0
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(a) Buyer's receipt of Seller's information contained in the Real a
Property Transfer Disclosure Statement ("Disclosure Statement")
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the form of which is set forth in Exhibit "B." While Buyer agrees �
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to waive its right to receive the Disclosure Statement, RCW Q
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64.06.010(7) requires Seller to complete and submit to Buyer the
"Environmental" section of the Disclosure Statement, which Seller
shall complete within 10 business days from the date of mutual
acceptance of the Agreement. Within 10 days of Buyer's receipt
a.
of the Disclosure Statement from Seller, Buyer shall either
approve and accept the Disclosure Statement, or rescind the
Agreement to purchase the Property, in its sole and absolute 00
discretion. If Buyer does not deliver a written rescission notice to
Seller within the 10-day period, the Disclosure Statement will be
deemed approved and accepted by Buyer. w
(b) City Council Authorization as provided in Section 18 below. Q
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Should any of the contingencies not be met prior to Closing, then this Agreement
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shall terminate and neither Buyer nor Seller shall have any further rights, duties or
obligations hereunder, except that the Earnest Money in Escrow shall be immediately
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returned to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property Q
shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, in a
form substantially as that provided in Exhibit "'C", free and clear of all liens,
encumbrances or defects except those General Exceptions described in Schedule B,
paragraphs A-C and G-J of Title Report Number 611344568, of Exhibit'"D", attached
Real Estate Purchase and Sale Agreement Page 2 of 7
Packet Pg. 235
Docusign Envelope ID:7DF6075F-4F99-4B81-BB52-D8D29D4C1878
8.I.a
hereto and incorporated herein by this reference. All other special exceptions therein,
except that described in paragraphs 1, 2, 3, and 4, are to be removed on or before
Closing. General exclusions and exceptions common to the area and not materially
affecting the value of or unduly interfering with Buyer's reasonable use of the
Property shall be permitted. All monetary encumbrances and special exceptions
listed in Exhibit "D", other than those specifically noted above, are to be removed N
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on or before closing.
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6. TITLE INSURANCE. At Closing, Buyer shall cause Escrow Agent, to
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issue standard coverage owner's policy of title insurance to Buyer in an amount a
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equal to the total purchase price of the Property. For purposes of this Agreement, Q
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the following shall not be deemed encumbrances or defects: rights reserved in
federal patents or state deeds, building or use restrictions consistent with current
zoning and utility and road easements of record. If title cannot be made so insurable
prior to Closing, unless Buyer elects to waive such defects or encumbrances, this
a
Agreement shall terminate and the Earnest Money shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. Excise Tax, if applicable, shall
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be paid by Buyer, except for those fees which are expressly limited by Federal
Regulation. Buyer shall pay all recording costs, title insurance premium, the costs of
any survey, and the fees and expenses of its consultants. Taxes for the current year, x
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rents, interest, water, sewer and other utility charges, if any, shall be paid by Seller,
and prorated as of the day of Closing. Escrow fees shall be paid by Buyer. Q
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8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
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OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed within 90 days of
the date of mutual acceptance of this Agreement, which shall also be the termination
as
date of this Agreement, unless said Closing date is extended in writing by mutual E
agreement of the parties. When notified, the Buyer and Seller will deposit, without .2
Q
delay, in escrow with the Escrow Agent, all instruments and monies required to
complete the transaction in accordance with this Agreement. Closing, for the purpose
of this Agreement, is defined as the date that all documents are executed and the
sale proceeds are available for disbursement to the Seller.
Real Estate Purchase and Sale Agreement Page 3 of 7
Packet Pg. 236
Docusign Envelope ID:7DF6075F-4F99-4B81-BB52-D8D29D4C1878
8.I.a
9. CASUALTY LOSS. If, prior to Closing, the Property shall be destroyed
or materially damaged by flood, earthquake, or other casualty, this Agreement, at
option of the Buyer, shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on Closing.
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11. SELLER'S REPRESENTATIONS. Seller represents: 3
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(a) that Seller will maintain the Property in present or better condition until
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time of agreed possession; E
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(b) that Seller has no knowledge of notice from any governmental agency Q
of any violation of laws relating to the Property except:
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12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
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that, to the best of Seller's knowledge, Seller is not aware of the existence of, or has a
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caused or allowed to be caused, any environmental condition (including, without
limitation, a spill, discharge or contamination) that existed as of and/or prior to
00
Closing or any act of omission occurring prior to Closing, the result of which may
require remedial action pursuant to any federal, state or local law or may be the basis
for the assertion of any third party claims, including claims of governmental entities.
x
This provision shall survive Closing and be in addition to Seller's obligation for breach
of a representation or warranty as may be set forth herein. 3
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13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold W
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harmless the Buyer, against and in respect of, any and all damages, claims, losses,
liabilities, judgments, demands, fees, obligations, assessments, and expenses and
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costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (including, without limitation, Q
a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to Closing, including the exposure of any person
to any such environmental condition, regardless of whether such environmental
Real Estate Purchase and Sale Agreement Page 4 of 7
Packet Pg. 237
Docusign Envelope ID:7DF6075F-4F99-4B81-BB52-D8D29D4C1878
8.I.a
condition or exposure resulted from activities of Seller or Seller's predecessors in
interest. This indemnity shall survive Closing and be in addition to Seller's obligation
for breach of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall N
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be limited to damages against Buyer in the liquidated amount of the 0
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Earnest Money previously paid by the Buyer. Buyer and Seller intend Q
that said amount constitutes liquidated damages and so as to avoid
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other costs and expenses to either party in connection with potential a
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litigation on account of Buyer's default. Buyer and Seller believe said Q
amount to be a fair estimate of actual damages.
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(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the y
rights and remedies available at law or in equity.
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(c) Attorney's Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs and
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attorney's fees. r
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15. NOTICE TO SELLER. This form contains provisions for an agreement
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for the purchase and sale of real estate. Buyer makes no warranty or representation w
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of any kind that this form, or any of its provisions, is intended to meet the factual
and legal requirements of a particular transaction, or that it accurately reflects the
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laws of the State of Washington at the time Seller enters into the Agreement. THIS
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AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
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THESE CONSEQUENCES.
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16. NON-MERGER. The terms, conditions, and provisions of this Q
Agreement shall not be deemed merged into the deed, and shall survive the Closing
and continue in full force and effect.
Real Estate Purchase and Sale Agreement Page 5 of 7
Packet Pg. 238
Docusign Envelope ID:7DF6075F-4F99-4B81-BB52-D8D29D4C1878
8.I.a
17. NOTICES. All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Kurt Hanson
Director of Economic and Community Development N
City of Kent 0
220 Fourth Avenue South a
Kent, WA 98032
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(b) All notices to be given to Seller shall be addressed as follows: E
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Ruth Waller Q
758 Norman Ave NE
Salem, OR 97301
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(c) All notices to be given to Escrow Agent shall be addressed as follows:
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Deneen Person
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Fidelity National Title
5006 Center Street, Suite J
Tacoma, WA 98409
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Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as necessary. All notices shall be deemed given on the day
such notice is personally served, or on the date of the facsimile transmission, or on x
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the third day following the day such notice is mailed in accordance with this section.
3
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18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the a.
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closing of the transaction contemplated by this Agreement (the "Closing") is �
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expressly conditioned on the City of Kent City Council's (the "City Council's") prior
authorization to buy the Property under this Agreement ("Council Authorization"),
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which may or may not be granted in the City Council's sole discretion. The City of E
Kent shall not be liable or obligated for any burden or loss, financial or otherwise, 2
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incurred by Seller as a result of the City Council's modification of the final terms and
conditions of this Agreement, or the City Council's failure to grant the Council
Authorization.
Real Estate Purchase and Sale Agreement Page 6 of 7
Packet Pg. 239
Docusign Envelope ID:7DF6075F-4F99-4B81-BB52-D8D29D4C1878
8.I.a
18.1 Seller's Waiver. Seller expressly waives any claim against the
City of Kent and its elected officials, officers, employees, representative and agents
for any burden, expense or loss which Seller incurs as a result of the City Council's
failure to grant the Council Authorization.
19. ENTIRE AGREEMENT. This Agreement, including all incorporated N
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exhibits, constitutes the full understanding between Seller and Buyer. There have 0
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been no verbal or other agreements that modify this Agreement. Q
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20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding E
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upon parties hereto and their respective heirs, successors and assigns; and the Q
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
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the date of mutual acceptance of this Agreement shall be the last date on which the a
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parties to this Agreement have executed this Agreement as indicated below.
22. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on co
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September 25, 2024, to accept the Agreement as written, by delivering a
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signed copy thereof to the Buyer or Buyer's agent. If Seller does not so deliver
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a signed copy within said period, this Agreement shall lapse and all right of the parties w
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hereunder shall terminate.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on w
the date set forth below.
BUYER: CITY OF KENT SELLER: RUTH WALLER
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Signed by:
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By: BIL"'` `" Q
aDana Ralph, Mayor IXUL11i"'u111�A , droperty Owner
Dated: Dated: 9/13/2024
Real Estate Purchase and Sale Agreement Page 7 of 7
Packet Pg. 240
8.I.a
EXHIBIT "A"
Legal Description
For APNJParcel IID(s M: 242 2 04-91 20-08
Parcel A:
That portion of Govem meat Lot 4 and the Southeast quarter of the h arhwest quarter of Section 24,7ownship 22 North, N
Range 4 East of the Willamette Meridian,in King County,Washington,described as follows: L.
Beginning ing at a point on the V4 est line of Naden Avenue in the City of Kert, 121)feet South f the intersection f the South G
line of West Meeker Street with the said West line of Naden Avenue;
Thence continuing South,along the West line of said Naden Avenue,00 feet; M
Thence West,85 feet;
Thence Northerly,on a line parallel with the West line f Naden Avenue,BD feet;
Thence East to the Point of Beginning_ y
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Parcel 8
An easement for a sewer as established in that certain Warrant}deed and Easement recorded under Recording No_ 0)
U191548 go upon the following described land: Q
A strip of land 5 feet in width 2 1/feet each side of the centerline of which begins at a poi nt 120 feet South and 82 Y4 feet 4)
West of th e i ntersedion of th a South line of West Meeker Street and the w4 est lin e f Naden Avenue;
Thence Northerly,parallel with the West line of Naden Aven ue, 121)feet, more or less,to the South I ine of W est M eeker
Street 't3
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Situate in the County of icing,State of Washington_
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Real Estate Purchase and Sale Agreement Page 1 of 1
Packet Pg. 241
8.I.a
EXHIBIT B
SELLER'S DISCLOSURE STATEMENT
INSTRUCTIONS TO THE SELLER
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Please complete the following form. Do not leave any spaces blank. If the question clearly
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does not apply to the property write "NA." If the answer is "yes" to any * items, please explain 0
on attached sheets. Please refer to the line number(s) of the question(s) when you provide Q
your explanation(s). Delivery of the disclosure statement must occur not later than five ,
business days, unless otherwise agreed, after mutual acceptance of a written contract to c
purchase between a buyer and a seller. E
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NOTICE TO THE BUYER Q
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THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT 115 NADEN AVENUE SOUTH, KENT, WASHINGTON, ("THE
PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. y
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SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR L
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE a
PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU
AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM
THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU
TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN 00
STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT r
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO
RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. Cn
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THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE w
REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION t
IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN
AGREEMENT BETWEEN BUYER AND SELLER. Q
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FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS w
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR
STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO
OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE
APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY
ADVICE, INSPECTION, DEFECTS, OR WARRANTIES. Q
Seller is/ is not occupying the property.
Seller's Disclosure Statement - Page 1 of 5 Packet Pg. 242
8.I.a
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
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A. Do you have legal autherity te sell thepFepeFty? if N
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Seller's Disclosure Statement - Page 2 of 5 Packet Pg. 243
8.I.a
3. SEWERjGN SITE SEWAGE SYSTEM
yeuF FegulaFly billed seweF OF On site sewage
4. STRUCTURAL d
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leaked within the last five years?
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Seller's Disclosure Statement - Page 3 of 5 Packet Pg. 244
8.I.a
6. ENVIRONMENTAL
[ ] Yes [ ] No [ ] Don't know *A. Have there been any flooding, standing
water or drainage problems on the property that
affect the property or access to the property?
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[ ] Yes [ ] No [ ] Don't know B. Is there any material damage to the o
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or a
landslides? i
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[ ] Yes [ ] No [ ] Don't know *C. Are there any shorelines, wetlands,
floodplains, or critical areas on the property? ;v
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[ ] Yes [ ] No [ ] Don't know D. Are there any substances, materials, or
products on the property that may be cn
environmental concerns, such as asbestos,
formaldehyde, radon gas, lead-based paint, fuel
or chemical storage tanks, or contaminated soil
or water?
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[ ] Yes [ ] No [ ] Don't know E. Is there any soil or groundwater a
contamination?
[ ] Yes [ ] No [ ] Don't know F. Has the property been used as a legal or
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illegal dumping site?
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[ ] Yes [ ] No [ ] Don't know *G. Has the property been used as an illegal
drug manufacturing site?
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DISCLOSURE
RE BY
SELLERS
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Yes E I Ne E 1 Don't know *Are theFe any etheF existing mateFial defects (n
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' if any, te deliver a eepy ef thuslicensees and aim pr-espective buyeFS of the
Seller's Disclosure Statement - Page 4 of 5 Packet Pg. 245
8.I.a
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL
LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF
WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF
REGISTERED SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
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A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any o
material defects that are known to Buyer or can be known to Buyer by utilizing diligent
attention and observation. a
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party. a)
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C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are Q
not liable for inaccurate information provided by Seller, except to the extent that real estate
licensees know of such inaccurate information. cn
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D. This information is for disclosure only and is not intended to be a part of the written f°
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agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this
disclosure statement below) has received a copy of this Disclosure Statement (including a
attachments, if any) bearing Seller's signature. 2
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
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BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
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COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER Cn
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION x
TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR w
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
3
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND can
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, w
AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
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DATE: BUYER:
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BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Q
Buyer waives that right. However, if the answer to any of the questions in the section entitled
"Environmental" would be "yes," Buyer may not waive the receipt of the "Environmental"
section of the Seller Disclosure Statement.
DATE: BUYER
Seller's Disclosure Statement - Page 5 of 5 Packet Pg. 246
8.I.a
EXHIBIT C
WHEN RECORDED RETURN TO:
City Clerk
City of Kent N
220 Fourth Avenue South o
Kent, Washington 98032 E
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Grantor: Ruth Waller
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Grantee: City of Kent cn
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Abbreviated Legal Description: Portion of Government Lot 4 and the Southeast
Quarter of the Northwest Quarter of Section 24, Township 22 North, Range 4 East of M
the Willamette Meridian, in King County, Washington L
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Additional Legal Description on: Exhibit "A" a�
Assessor's Tax Parcel ID No.: 242204-9120-08
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WARRANTY DEED Cn
Ruth Waller, an individual ("Grantor"), for and in consideration of Ten Dollars w
and No/100 ($10.00) and/or other valuable consideration in hand paid, conveys and
warrants to the City of Kent, a Washington municipal corporation ("Grantee"), �
all her interest, including any after acquired title, in the real property described in
the attached and incorporated Exhibit A, situated in King County, Washington, a
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subject to easements, restrictions, reservations, right-of-way, covenants, and
conditions shown on Exhibit B, Fidelity National Title Order Number 611344568,
attached and incorporated.
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(Signatures on following page)
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WARRANTY DEED - Page 1 of 2
Packet Pg. 247
8.I.a
GRANTOR:
Name: Ruth Waller
Title: Owner N
Date:
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STATE OF WASHINGTON ) E
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COUNTY OF KING ) �,
I certify that I know or have satisfactory evidence that Ruth Waller is the
person who appeared before me, and said person acknowledged that she signed this 0
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Owner to be the free and voluntary act of such party for the 2
uses and purposes mentioned in the instrument. a
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Dated:
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-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written. x
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(Signature) 3
NOTARY PUBLIC, in and for the State a
of , residing at
My appointment expires
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WARRANTY DEED - Page 2 of 2
Packet Pg. 248
EXHIBIT D
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611344568
SCHEDULE B, PART II - Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement N
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: `o
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GENERAL EXCEPTIONS Q
A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records.
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B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. Q
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C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the V)
Public Records. c
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D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or z
for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the i
Public Records.
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E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Fa
Records.
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F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for v
sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the �-
Public Records.
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G. Unpatented mining claims, and all rights relating thereto. x
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H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. 3
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I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. w
J. Water rights, claims or title to water. a�
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K. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the
Schedule B, Part I—Requirements are met. E
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This page is only apart of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part If-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMECopyright American Land Title Association. All rights reserved. [AND CAN
TIT[F
I-(IATION
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 09.12.24 @ 10:24 PM
Page 7 WA-FT-FTMA-01530.610051-SPS-1-24-611344568
Packet Pg. 249
8.I.a
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611344568
SCHEDULE B, PART II - Exceptions
(continued)
SPECIAL EXCEPTIONS
1. Terms, conditions, and obligations arising from the easement described as Parcel B in Schedule A.
2. Covenants, conditions, restrictions, obligations and easements as set forth in the Warranty Deed and Easement, m
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Recording Date: June 24, 1949 t
Recording No.: 3913648 a
3. Easements for the purposes shown below and rights incidental thereto as set forth in a document:
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In favor of: City of Kent
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Purposes: Temporary construction for sewer line a)
Recording Date: September 30, 1974 Q
Recording No.: 7409300528
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Affects: The Easterly 10 feet
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4. Ordinance No. 4431 and terms and conditions set forth therein, a,
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Executed by: City of Kent 2
Recording Date: September 21, 2022 a
Recording No.: 20220921000270
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Which among other things provides: Vacating a portion of Naden Street, also known as Naden Avenue, and
reserving an easement.
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5. Taxpayer of the Land has qualified for a senior citizen exemption. Contact the County Treasurer to determine if
said exemption has been or will be cancelled and to determine the amount of any tax payment due.
6. A deed of trust to secure an indebtedness in the amount shown below, z
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Amount: $80,000.00
Dated: June 24, 2020 3
Trustor/Grantor: James Edward Waller and Ruth Lynn Waller, husband and wife
Trustee: UPF Washington Incorporated a.
Beneficiary: Cascade Federal Credit Union
Recording Date: July 2, 2020
Recording No.: 20200702001610
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END OF SCHEDULE B, PART II
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This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMECopyright American Land Title Association. All rights reserved. [AND CAN
TIT[F
I-(IATION
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 09.12.24 @ 10:24 PM
Page 8 WA-FT-FTMA-01530.610051-SPS-1-24-611344568
Packet Pg. 250
8.I.a
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611344568
COMMITMENT CONDITIONS
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally
discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender
identity,familial status,disability, national origin,or other legally protected class.
b. "Knowledge"or"Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
C. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The
term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any
abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of N
access to and from the Land is to be insured by the Policy. O
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by r
electronic means authorized by law.
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e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be
issued pursuant to this Commitment. y
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
d
h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document Q
must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term d
"Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection,
planning, permitting,zoning,licensing, building, health, public safety,or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also
includes the District of Columbia,the Commonwealth of Puerto Rico,the U.S.Virgin Islands,and Guam.
fn
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this 2
Commitment terminates and the Company's liability and obligation end.
IL
3. The Company's liability and obligation is limited by and this Commitment is not valid without: y
a. the Notice; —
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
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d. Schedule A;
e. Schedule B, Part I-Requirements;and
f. Schedule B, Part II-Exceptions;and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
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4. COMPANY'S RIGHT TO AMEND x
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse W
claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment _
Condition 5. The Company is not liable for any other amendment to this Commitment. 3
5. LIMITATIONS OF LIABILITY Q
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between d
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the W
IX
Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I-Requirements;
ii. eliminate,with the Company's written consent,any Schedule B, Part II-Exceptions;or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the aa)
matter and did not notify the Company about it in writing. E
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the v
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Q
Commitment Condition 5.a.or the Proposed Amount of Insurance.
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMECopyright American Land Title Association. All rights reserved. [AND CAN
TIT[F
I-(IATION
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 09.12.24 @ 10:24 PM
Page 9 WA-FT-FTMA-01530.610051-SPS-1-24-611344568
Packet Pg. 251
8.I.a
FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON,
INC. COMMITMENT NO. 611344568
(continued)
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been
met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A,and no other person, may make a claim under this Commitment.
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b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions N
of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or `p
federal court having jurisdiction. r
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Q
Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind,whether written or oral, express
or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond
the terms and provisions of this Commitment or the Policy. y
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
f. When the Policy is issued,all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. Q
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
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The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is fn
not the Company's agent for closing,settlement,escrow,or any other purpose.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A N
pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment
to insure. v
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9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment d
Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. m
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN ?�
CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ao
ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. rn
11. ARBITRATION -INTENTIONALLY DELETED
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END OF CONDITIONS ul
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This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
AMECopyright American Land Title Association. All rights reserved. [AND CAN
TIT[F
I—(IATION
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance w-WA Mod(07/01/2021) Printed: 09.12.24 @ 10:24 PM
Page 10 WA-FT-FTMA-01530.610051-SPS-1-24-611344568
Packet Pg. 252
9.A
1�#
KENT
DATE: September 17, 2024
TO: Kent City Council
SUBJECT: Resolution to Support Proposition No. 1, Kent School
District 415, Capital Projects and Technology Levy - Adopt
MOTION: I move to adopt Resolution No. 2077, that expresses the
Council's support for Kent School District Proposition No. 1, which will
appear on the November 5, 2024, ballot, wherein voters will be asked to
approve an excess property tax levy to support the renovation, expansion
and improvement of school facilities, and for safety and technology
improvements to meet the current and future needs of Kent School District
students.
SUMMARY: RCW 84.52.053 authorizes a school district to submit to voters a
property tax levy for capital projects and technology funding. These levies may last
for terms of up to six years to support construction, modernization, and remodeling
of school district facilities. As a result of the structure of funding public schools in
Washington, almost all school districts in the state of Washington rely on an excess
property tax levy for a portion of their funding.
The Kent School District (' KSD") currently collects funding through a voter-
approved levy in support of capital projects and technology that will expire in 2024.
The KSD Board of Directors has determined that the KSD's educational facilities and
support buildings require repair, modernization, improvement, and expansion to
meet current and future safety, security, instruction, classroom, support services,
and technology needs of its students. However, with expiration of the current levy
in 2024, the KSD will have insufficient funding to implement these needed projects.
On July 10, 2024, the KSD Board of Directors adopted Resolution No. 1680, which
calls for the placement of a ballot measure on the November 5, 2024, ballot which
will ask voters to establish a three-year replacement levy to allow the District to
provide adequately for student safety, security, instruction, classroom and support
services, and technology needs. The ballot measure is referred to as Proposition 1.
The City Council supports the KSD in its efforts to provide quality public education
to the community. Among other benefits, a quality education reduces
unemployment, reduces reliance on public assistance, plays a key role in the
reduction of crime, improves public health, and improves equality within the
community. The availability of quality education is also one of the most important
Packet Pg. 253
9.A
factors in determining the desirability of a community as a place to live or operate a
business.
The City Council recognizes that the approval of Proposition 1 is necessary to
properly fund a quality education in the KSD and will help maintain Kent as a
quality place to live and work. Therefore, it is appropriate for the City Council to
support Proposition 1 as submitted by the KSD, and the City Council urges voters to
vote "Yes" on Proposition 1.
In accordance with RCW 42.17A.555, city councils are authorized to vote on a
resolution to support or oppose a ballot measure so long as the action is taken at a
public meeting, the notice of the meeting includes the title and number of the ballot
proposition, and councilmembers and meeting attendees are afforded an equal
opportunity to express an opposing view. Councilmembers and meeting attendees
will be afforded equal time to express an opposing view during the meeting.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
ATTACHMENTS:
1. Resolution 2077 - Support Kent School Dist 2024 Levy (DOCX)
2. Resolution 1680 Capital Projects & Tech Levy (Nov 2024) (PDF)
Packet Pg. 254
9.A.a
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RESOLUTION NO. 2077 co
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A RESOLUTION of the City Council of the c
City of Kent, Washington, expressing support for Z
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Kent School District Proposition 1, which will appear o
on the November 5, 2024, ballot, wherein voters o
will be asked to approve an excess property tax levy 0
to support the renovation, expansion and a.
improvement of school facilities, and for safety and o
technology improvements to meet the current and a
future needs of Kent School District students. rn
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RECITALS
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A. RCW 84.52.053 authorizes a school district to submit to the
voters a property tax levy for capital projects and technology funding. These r
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levies may last for terms of up to six years to support construction,
modernization, and remodeling of school district facilities. As a result of the J
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structure of funding public schools in Washington, almost all school districts o
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in the state of Washington rely on an excess property tax levy for a portion
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of their funding. 0
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B. The Kent School District ("KSD") currently collects funding
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through a voter-approved levy in support of capital projects and technology Y
that will expire in 2024. This existing levy provides funding for KSD's facility a
and educational needs, including deferred maintenance and capital Un
improvements and repairs, as well as technology infrastructure, devices, o
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equipment software, subscriptions, training, administrative, operational, o
and staffing costs related to the implementation of the same. '
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1 Resolution in Support of Kent E
School District Proposition 1
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C. The KSD Board of Directors has determined that the KSD's
educational facilities and support buildings require repair, modernization, r
improvement, and expansion to meet current and future safety, security,
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instruction, classroom, support services and technology needs of its
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students. However, with expiration of the current levy in 2024, the KSD will
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have insufficient funding to implement these needed projects. Y
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D. On July 10, 2024, the KSD Board of Directors adopted Z
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Resolution No. 1680, which calls for the placement of a ballot measure on
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the November 5, 2024, ballot which will ask voters to establish a three-year 0
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replacement levy to allow the District to provide adequately for student r_
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safety, security, instruction, classroom and support services, and technology a
needs. The ballot measure is referred to as Proposition 1. o
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E. In accordance with RCW 42.17A.555, city councils are
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authorized to vote on a resolution to support or oppose a ballot measure so
long as the action is taken at a public meeting, the notice of the meeting LO
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includes the title and number of the ballot proposition, and councilmembers
and meeting attendees are afforded an equal opportunity to express an a
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opposing view. N
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F. The City Council supports the KSD in its efforts to provide o
quality public education to the community. Among other benefits, a quality 0
education reduces unemployment, reduces reliance on public assistance, ci
plays a key role in the reduction of crime, improves public health, and Y
improves equality within the community. The availability of quality education 0
is also one of the most important factors in determining the desirability of a
community as a place to live or operate a business.
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G. The City Council recognizes that the approval of Proposition 1 0
is necessary to properly fund a quality education in the KSD and will help o
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maintain Kent as a quality place to live and work. Therefore, it is appropriate
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2 Resolution in Support of Kent E
School District Proposition 1
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for the City Council to support Proposition 1 as submitted by the KSD, and
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the City Council urges voters to vote "Yes" on Proposition 1. r
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, $
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Cl)
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RESOLUTION Y
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SECTION 1. - Support for Proposition 1. The City Council endorses Z
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KSD Proposition 1, which will be submitted to the voters on the November
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5, 2024, ballot, and urges Kent voters to vote "Yes" on the measure. The 0-
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Proposition 1 ballot title and statement are as follows: r-
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Proposition No. 1 v�
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Kent School District No. 415 0
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Capital Projects and
Technology Levy
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The Board of Directors of the Kent School District No. 415 adopted
Resolution 1680 concerning a proposition for a replacement
capital projects and technology levy. If approved, this proposition a
would authorize the District to levy the following excess taxes on J
all taxable property within the District, to provide funding for o
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capital projects for student safety, security, instruction,
classroom and support services, and technology needs. o
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Approximate Levy Rate/$1,000
Collection Year Assessed Value Levy cn
Amount
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2025 $0.72 $32,200,000 Y
2026 $0.70 $32,500,000 0
2027 $0.68 $33,000,000
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Should this proposition be approved?
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YES . . . . . . . . [ ]
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NO. . . . . . . . . [ ]
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3 Resolution in Support of Kent E
School District Proposition 1
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SECTION 2, - Severability. If any one or more section, subsection,
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or sentence of this resolution is held to be unconstitutional or invalid, such o
decision shall not affect the validity of the remaining portion of this $
resolution and the same shall remain in full force and effect. cn
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SECTION 3. - Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed. z°
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SECTION 4. - Effective Date. This resolution shall take effect and be o
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in force immediately upon its passage. a
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September 17, 2024 r
DANA RALPH, MAYOR Date Approved o
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ATTEST: W
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September 17, 2024
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted a
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APPROVED AS TO FORM: o
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TAMMY WHITE, CITY ATTORNEY
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School District Proposition 1
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KENT SCHOOL DISTRICT NO.415 c
KING COUNTY,WASHINGTON
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CAPITAL PROJECTS AND TECHNOLOGY REPLACEMENT LEVY o
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RESOLUTION NO. 1680 a
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A RESOLUTION of the Board of Directors of Kent School District 0
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No. 415,King County,Washington,providing for the submission to c
the qualified electors of the District at a special election to be held
therein on November 5, 2024, of the proposition of whether excess
taxes should be levied of $32,200,000 in 2024 for collection in LO
2025,$32,600,000 in 2025 for collection in 2026,and$33,000,000 in
2026 for collection in 2027, said excess taxes to support the :;F
renovation,expansion and improvement of school facilities,and for o
safety and technology improvements to meet the current and future �
:needs of District students; and providing for other matters relating z°
thereto.
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ADOPTED: JULY 10, 2024
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PREPARED BY:
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PACIFICA LAW GROUP LLP 3
Seattle, Washington
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RESOLUTION NO. 1680
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A RESOLUTION of the Board of Directors of Kent School District
No. 415,King County,Washington,providing for the submission to
the qualified electors of the District at a special election to be held 0
therein on November 5, 2024, of the proposition of whether excess in
taxes should be levied of$32,200,000 in 2024 for collection in 2025,
$32,600,000 in 2025 for collection in 2026, and $33,000,000 in Y
2026 for collection in 2027, said excess taxes to support the r
renovation,expansion and improvement of school facilities,and for z6
safety and technology improvements to meet the current and future c
needs of District students; and providing for other matters relating
thereto. o
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WHEREAS,Kent School District No. 415,King County,Washington (the"District"), is a
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first-class school district duly organized and existing under and by virtue of the Constitution and
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the laws of the State of Washington (the"State") now in effect; and
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WHEREAS, pursuant to RCW 84.52.053, the qualified electors of the District may by a c
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simple majority vote authorize capital projects and technology levies of u to six ears to support
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the construction,modernization, and remodeling of District facilities; and 7T.
WHEREAS, calendar year 2024 is the last year of collection for the District's current N
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capital projects and technology levy, which provides funding for District facility and educational ?
needs,including deferred maintenance and capital improvements and repairs, as well as technology
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infrastructure, devices, equipment software, subscriptions, training, administrative, operational,
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and staffing costs related to the implementation of the foregoing purposes; and
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WHEREAS, the District's educational facilities and support buildings require repair,
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modernization,improvement and expansion to meet current and future safety,security,instruction,
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classroom, support services and technology needs of its students (as further defined herein, the
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"Projects"); and
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WHEREAS, with the expiration of the District's current capital projects and technology
levy, funds available to the District will be insufficient to enable the District to implement such E
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Projects; and
WHEREAS, to provide adequately for student safety, security, instruction, classroom and
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support services, and technology needs,the Board of Directors of the District(the"Board")deems o0
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it necessary to levy taxes upon all of the taxable property within the District in excess of the
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maximum annual tax levy permitted by law to be levied within the District without a vote of the r
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electors,such levy to be made for three years commencing in 2024 for collection in the school years o
2024-2025 through 2027-2028, inclusive, as authorized by Article VII, Section 2 of the State 0
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Constitution and RCW 84.52.053,with such excess taxes to be deposited into the District's Capital
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Projects Fund, or a sub-fund thereof, and used to pay for a portion of the Projects; and
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WHEREAS, the Constitution and laws of the State require that the question of whether the
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District may levy such excess taxes be submitted to the qualified electors of the District for their o
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ratification or rejection;and
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WHEREAS, the Board deems it necessary and advisable to place the proposition for such 7T.
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excess tax levies before the District's voters at an election to be held within the District on N
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November 5, 2024; z
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF _J
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KENT SCHOOL DISTRICT NO. 415, KING COUNTY, WASHINGTON, as follows: ~
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Section 1. The Board hereby finds and declares that the best interests of the District's
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students and other residents require the District to carry out the Projects as hereinafter provided,at
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the time or times and in the order deemed most necessary and advisable by the Board. ci
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Section 2. Upon approval by the voters of the proposition in substantially the form set forth
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below,the Projects the District will finance with proceeds from the excess property tax levies will c
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include:
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• Student safety, and health improvements, including upgrades to building fire alarm
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systems;purchase and installation of boilers;
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■ School and support facility improvements,including roof and building siding improvements; 0
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replacement of a transportation fueling station; add emergency generator to central kitchen to
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prevent spoilage of food during power outages; upgrade of Mill Creek Middle School and r
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Kentridge High School athletic fields to synthetic fields; administrative and staffing costs o
related to managing these projects; and other capital improvements allowed under RCW 0
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84.52.053(1)and RCW 28A.320.330(2); and a
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• Technology improvements, including expansion and upgrades of infrastructure systems, to
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include select switch and wireless access point additions and replacements, upgrades to data
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security and disaster recovery infrastructure, District cabling improvements, data center '
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systems, select voice amplification refresh, select intercom system upgrades, uninterruptable
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power supply replacements, cybersecurity enhancements, and other infrastructure
systems; continuation of the District's system to furnish staff and students with a device for use N
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at school and home; select refresh of classroom presentation and audio systems, and other z
technology devices; online applications, technology subscription fees and other ongoing
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technology costs associated with software licenses;professional learning and ongoing training,
administrative, operational, and staffing costs related to the implementation of the foregoing 06
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purposes; and other technology improvements allowed under RCW 84.52.053(1) and o
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28A.320.330(2)(0 and(g).
The District shall make other capital project expenditures as found necessary by the Board o
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of Directors. The District may repay any obligations hereafter incurred for the foregoing purposes. .2 c
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If available funds are sufficient,the District shall acquire, construct, equip and make other o
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capital or technology improvements to the District, all as the Board finds necessary; provided that
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such funds may be used only to support the construction, modernization, replacement, and
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remodeling of school facilities or implementation of the District's technology program.
Incidental costs incurred in connection with carrying out and accomplishing the foregoing N
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shall be deemed part of the Projects. Such costs shall include,but are not limited to: payments for 0
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fiscal and legal expenses; establishing and funding accounts; necessary and related engineering,
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architectural, planning, consulting, permitting, inspection and testing costs; administrative and r
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relocation expenses; site improvement and demolition costs; and costs for other similar activities c
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or purposes,all as deemed necessary and advisable by the Board and permitted by law. 0
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The Projects, or any portion or portions thereof, shall be acquired or made insofar as is a
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practicable with available money and in such order of time as shall be deemed necessary and
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advisable by the Board. The Board shall determine the application of available money between
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the various parts of the Projects so as to accomplish, as near as may be, all of the Projects. The 0
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Board shall determine the exact order, extent and specifications for the Projects. The Projects are
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to be more fully described in the plans and specifications to be prepared by the District's architects 7T.
and engineers and to be filed with the District. N
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If the District shall determine that it has become impracticable to accomplish any of such ?
improvements or portions thereof by reason of changed conditions or needs, incompatible
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development, costs substantially in excess of those estimated, or acquisition by a superior
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governmental authority, the District shall not be required to accomplish such improvement and
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may apply le proceeds as set forth in this section. If an or all of the improvements have been a
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completed, or their completion duly provided for, or their completion found to be impractical, the
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District may apply the levy proceeds or any portion thereof to other portions of the improvements
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or to other capital purposes of the District, as the District in its discretion shall determine. 3
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Notwithstanding any provision of this resolution to the contrary, levy proceeds may only be used W
to support the construction, modernization or remodeling of school facilities or implementation of E
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the District's technology program.
Section 3. The Board hereby finds and declares that the best interests of the District's N
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students and other residents require submission to the District's voters, for their approval or o
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rejection, the proposition of whether the District shall levy excess property taxes upon all of the
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taxable property within the District in order to provide funding for the Projects. Upon approval by Y
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the voters of the proposition in substantially the form set forth below, the following taxes for the Z
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District's Capital Projects Fund will be levied upon all of the taxable property within the District o
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in excess of the maximum annual tax levy permitted by law to be levied within the District without a
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a vote of the electors: 3
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A. $32,200,000, said levy to be made in 2024 for collection in 2025; °
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B. $32,600,000, said levy to be made in 2025 for collection in 2026; and c
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C. $33,000,000, said levy to be made in 2026 for collection in 2027.
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The exact levy rate and the actual amounts collected shall be adjusted based upon the actual
assessed value of the property within the District at the time of the levy. At this time,based upon N
information provided by the King County Assessor's Office, the estimated levy rate for the 2025 z°
collection is$0.72 per thousand dollars of assessed valuation,the estimated levy rate for the 2026 -J
collection is $0.70 per thousand dollars of assessed valuation, and the estimated levy rate for the I
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2027 collection is $0.68 per thousand dollars of assessed valuation.
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Section 4. The King County Director of Records and Elections (the "Director"), as ex a
ofcio supervisor of elections in King County, Washington, is hereby requested to assume
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jurisdiction of and to call and conduct the election to be held within the District and to submit to to
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the qualified electors of the District the proposition hereinafter set forth. Such election shall be
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conducted by mail or as otherwise required by the Director. The Secretary of the Board
(the "Secretary") is hereby authorized and directed to certify the proposition to said officials in E
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the following form:
PROPOSITION NO. 1
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KENT SCHOOL DISTRICT NO.415 0
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CAPITAL PROJECTS AND in
TECHNOLOGY LEVY
The Board of Directors of Kent School District No. 415 adopted r
Resolution No. 1680 concerning a proposition for a replacement capital Z
projects and technology levy. If approved, this proposition would o
authorize the District to levy the following excess taxes on all taxable N
property within the District, to provide funding for capital projects for Q.
student safety, security, instruction, classroom and support services, and °
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technology needs.
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Collection Approximate Levy Rate/$1,000 Cn
Year Assessed Value Levy Amount °
2025 $0.72 $32,200,000
2026 $0.70 $32,600,000 0
2027 $0.68 $33,000,000
Should this proposition be approved?
YES.....................................f.-7. N
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NO.......................................0 O
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The Secretary is hereby directed to deliver a certified copy of this resolution to the Director iv
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no later than August 6, 2024, and to perform such other duties as are necessary or required by law
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to submit the proposition to voters.
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Section 5. For purposes of receiving notice of the exact language of the ballot title a
required by RCW 29A.36.080, the Board hereby designates the following as the individuals to
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whom the Director shall provide such notice: (a) the District's Deputy Superintendent (Wade 00
Barringer), telephone: (253) 373-7203; email: Wade.Barringer�a7,kent.kl2.wa.us, and (b) the
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District's Bond Counsel, Pacifica Law Group LLP (Faith Pettis), telephone: (206) 245- 1700;
email: faith.pettis@pacificalawgroup.com. The Deputy Superintendent is authorized to approve
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changes to the ballot title, if any,
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deemed necessary by the Director or the King County Prosecuting Attorney.
Section 6. The Superintendent,the Deputy Superintendent,the Chair of the Board,and the y
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Secretary are severally authorized and directed to take such actions and to execute such documents —°o
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as in their judgment may be necessary or desirable to effectuate the provisions of this resolution, r
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and to perfonn such other duties as are necessary or required by law to submit to the District's Y
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voters at the aforesaid special election, for their approval or rejection, the proposition of whether Z
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the District shall levy annual excess property taxes to pay the costs of the Projects. All actions of o
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the District or its staff or officers taken prior to the effective date of this resolution and consistent a
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with the objectives and terms of this resolution are ratified and confirmed. 3
Section 7. In the event that any provision of this resolution shall be held to be invalid,such °
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invalidity shall not affect or invalidate any other provision of this resolution,but shall be construed c
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and enforced as if such invalid provision had not been contained herein; provided, however, that
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any provision which shall for any reason be held to be invalid shall be deemed to be in effect to
the extent permitted by law. N
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Section 8. This resolution shall become effective immediately upon its adoption.
ADOPTED by the Board of Directors of Kent School District No. 415, King County,
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Washington, at a special meeting thereof, held on the loth day of July, 2024. —°o
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KENT SCHOOL DISTRICT NO.415,KING
COUNTY, WASHINGTON Y
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5ident nirector
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Awale Farah(Jul 12,202410:58 GMT+3)
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