HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 11/19/2024 KENT CITY COUNCIL
• COMMITTEE OF THE WHOLE
KENT Tuesday, November 19, 2024
4:00 PM
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CitvofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, dial
253-215-8782 or 253-205-0468
Enter Meeting ID: 87459075269
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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Item Description Action Speaker Time
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
Operations—Council President Kaur, Subject Matter Chair
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting -
Nov 5, 2024 4:00 PM
B. Consultant Services Agreement YES Brian Rambonga 05 MIN.
between the City of Kent and
Protingent Inc. - Authorize
C. Amendment to Consultant YES Brian Rambonga 05 MIN.
Services Agreement between the
City of Kent and Robert Half
Committee of the Whole Committee of the Whole - November 19, 2024
Regular Meeting
International, Inc. - Authorize
D. Consolidating Budget Adjustment YES Michelle Ferguson 10 MIN.
Ordinance for Adjustments
between October 1, 2024, and
October 31, 2024 - Adopt
E. INFO ONLY: September 2024 NO Michelle Ferguson 05 MIN.
Financial Report
Parks-Councilmember Michaud, Subject Matter Chair
F. Stewart MacNichols Harmell, Inc. YES Lori Guilfoyle 05 MIN.
P.S., Amendment #1 - Authorize
G. Agreement with KPG Psomas, YES Bryan Higgins 05 MIN.
Inc. for Interurban Trail at Naden
Avenue Design - Authorize
Public Works-Councilmember Fincher, Subject Matter Chair
H. Accept funds from the YES David Paine 05 MIN.
Washington State Department of
Transportation for the Highway
Traffic Safety Improvement
Program, Pacific Hwy S. (SR 99)
Pedestrian Crossing Safety
Improvement Project - Authorize
I. 2025 Water Treatment Chemical YES Rod Langford 05 MIN.
Supply - Goods and Services
Agreement with ICI Jones
Chemicals, Inc. - Authorize
J. 2025 Recycle Event Management YES Tony Donati 10 MIN.
Contract - Goods & Services
Agreement with Olympic
Environmental Resources, Inc. -
Authorize
K. INFO ONLY: 2025 Annual Solid NO Tony Donati 05 MIN.
Waste Rate Adjustment
S. ADJOURNMENT
Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of
each month.
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to
be admitted into the record,written comments shall be submitted not less than three hours prior to the start
of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person,in
Committee of the Whole Committee of the Whole - November 19, 2024
Regular Meeting
which case,the written comments will be handed to the City Clerk and will be admitted into the record of
the Committee of the Whole meeting.
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725,or
email CityClerk@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.1
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WAS M IN G 7 0 N
Regular Meeting
Minutes
November 5, 2024
Date: November 5, 2024
Time: 4:00 p.m.
Place: Chambers
1. CALL TO ORDER
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Council President Kaur called the meeting to order. -
2. ROLL CALL o
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Attendee Name Title EStatus Arrived a
Satwinder Kaur Council President Present
Bill Boyce Councilmember Present a
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John Boyd Councilmember Present
Brenda Fincher Councilmember Remote
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Marli Larimer Councilmember Present N
Zandria Michaud Councilmember Present L
Toni Troutner Councilmember Present 0
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3. AGENDA APPROVAL
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A. I move to approve the agenda as presented. _
RESULT: MOTION PASSES [6 TO 0]
MOVER: Bill Boyce, Councilmember 2.
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Larimer, Michaud, Troutner Q
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AWAY: Pincher
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4. DEPARTMENT PRESENTATIONS
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting - Oct
15, 2024 4:00 PM
Packet Pg. 4
4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: APPROVED [6 TO 0]
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Larimer, Michaud, Troutner
AWAY: Fincher
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
RESULT: MOTION PASSES [6 TO 0] Next: 11/19/2024 7:00 PM
MOVER: Bill Boyce, Councilmember 0
SECONDER: John Boyd, Councilmember o
AYES: Kaur, Boyce, Boyd, Larimer, Michaud, Troutner a
AWAY: Fincher Q
C. Consolidating Budget Adjustments between July 1, 2024, and a
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September 30, 2024 — Ordinance - Adopt
Budget Manager, Michelle Ferguson provided details on the budget c
adjustment ordinance for adjustments July 1, 2024, through September 30, N
2024 that total an overall increase of $28,979,300, all previously by Council. 6
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The remaining adjustments have not been previously approved by Council, 0
but have a net zero impact Citywide as follows:
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Reallocate Miscellaneous Street Funding to Street capital projects ($395k). _
Reallocate 240th Hogan Park Drainage project to Miscellaneous Drainage
($116k).
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MOTION: I move to adopt Ordinance No. 4502, consolidating Q
budget adjustments made between July 1, 2024, and
September 30, 2024, reflecting an overall budget increase of Q
$28,979,300.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/19/2024 7:00 PM
MOVER: Satwinder Kaur, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
D. Ordinance Amending KCC 3.28.050 — B&O Tax Manufacturing
Gross Receipts Rate Change and Retailing Gross Receipts
Maximum Change - Adopt
Finance Director, Paula Painter provided details on the ordinance amending
Kent City Code section 3.28.050, related to business and occupation taxes,
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Page 2 of 11 Packet Pg. 5
4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
to increase the manufacturing gross receipts tax rate and adjust the retailing
gross receipts maximum.
Currently, the City's business and occupation tax (B&O Tax) provides a
maximum cap of $20 Million per calendar year, against which the gross
receipt tax may be levied against retailers. This maximum cap applies equally
to small local retailers as it does to large nationwide chain retailers,
regardless of the overall gross receipts they may earn from doing business
within the City of Kent.
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Through this ordinance, and effective January 1, 2025, an upper threshold of
100 Million will be added. With this new up
per pper threshold in place, a business 4-
with taxable retailing gross receipts in the amount of $100 Million or more in 0
a calendar year will pay retailing gross receipts tax on the entire amount of o
their taxable retailing gross receipts. However, a business that makes less a
than $100 Million will pay retailing gross receipts tax only on their taxable Q
retailing gross receipts up to $20 Million. E
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Beginning January 1, 2026, and on January 1 of each calendar year o
thereafter, the $20 Million retailing maximum cap along with the $100 Million
upper threshold will be adjusted upward annually based on the Consumer c
Price Index (CPI), specifically for Seattle-Tacoma-Bellevue, measured from
June 1st through June 1st of the previous calendar year if the CPI reflects an o
upward adjustment from the previous annual June to June period. z
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This ordinance also increases the B&O tax rate for gross receipts for the r
manufacturing classification from 0.001 to 0.00125, effective January 1, c
2025.
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MOTION: I move to adopt Ordinance No. 4503, amending Kent
City Code section 3.28.050, related to business and occupation Q
taxes, to increase the manufacturing gross receipts tax rate
and adjust the retailing gross receipts maximum. Q
to
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/19/2024 7:00 PM
MOVER: Satwinder Kaur, Council President
SECONDER: Bill Boyce, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
E. Property Tax Levy Ordinance — Adopt
Painter detailed the ordinance relating to property tax levied.
State law limits the amount by which the property tax levy may increase
from year-to-year. This limit is set at last year's property tax levy, plus 1%
or plus the cost of inflation, whichever amount is less. Inflation for calculating
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4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
the property tax levy is determined by the implicit price deflator for personal
consumption expenditures of the United States published by the Bureau of
Economic Analysis of the federal Department of Commerce ("IPD").
The IPD rate for property taxes due in 2025 is 2.57%. Because this inflation
rate exceeds 1%, this ordinance levies a property tax increase of 1.0% as
capped by state law over the previous year's levy.
MOTION: : I move to adopt Ordinance No. 4510, approving the
property tax levy for the 2025 budget.
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM
MOVER: Satwinder Kaur, Council President c
SECONDER: Bill Boyce, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud Troutner °
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F. Ordinance Adopting the 2025-2026 Biennial Budget — Adopt
Painter detailed the ordinance adopting the 2025-2026 Biennial Budget. The o
total gross expenditure budget for 2025 is $452,455,550 and 2026 is
$431,613,760.
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Painter talked about the budget process, proposed expenditures, L
expenditure assumptions, and 2025-2026 budget staffing. z
MOTION: I move to adopt Ordinance No. 4511, establishing the o
2025-2026 biennial budget. a
RESULT: MOTION PASSES [UNANIMOUS] Next: 12/10/2024 7:00 PM
MOVER: Satwinder Kaur, Council President
SECONDER: Bill Boyce, Councilmember r
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
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G. INFO ONLY: Upcoming Ordinances related to the
Comprehensive Plan Update
Long Range Planning Manager, Kristen Holdsworth presented details on the
upcoming meetings, hearings and adoption of the 2044 Comprehensive Plan.
There are three ordinances that are schedule for hearings at the LUPB on
November 12, 2024, at 6 p.m., and City Council on November 19, 2024, at 7
p.m.
1. Ordinance to adopt the Comprehensive Plan
The Kent Comprehensive Plan is the guiding policy document for all land use
and development regulations in Kent. State law requires the City to plan for
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4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
and accommodate 10,200 new housing units and 32,000 jobs over the next
20 years. The project team has spent the past two years working with the
community to make updates to the plan to better reflect a shared vision and
guiding principles to inform how we plan for Kent's future.
Kent's updated Comprehensive Plan includes its first ever Climate Element as
well as changes to more holistically address sustainability, human services,
and equity. The 2044 Comprehensive Plan also includes substantive changes
to content, goals, and policies in all chapters and map amendments to the
future land use designations to implement the vision for growth.
The Draft 2044 Comprehensive Plan must be adopted by the end of 2024 and
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needs to be consistent with the WA state Growth Management Act, Puget °
Sound Regional Council Multicounty Planning Policies, and King County o
Countywide Planning Policies. a
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2. Ordinance related to zoning and Kent City Code zoning code
To implement the Comprehensive Plan, cities are required to also review and a
update their zoning maps and development regulations. The city is initiating o
rezones to support the land use changes being made through the
Comprehensive Plan. c
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At the upcoming meeting, staff will share the rezones being initiated as well o
as the proposed changes to Kent's wholesale and retail land use table. There z
are two changes proposed in response to community input for commercial o
zones: r
1. Allowing nurseries, greenhouses, garden supplies, tools, etc. in the c
Neighborhood Convenience Commercial (NCC) zone; and
2. Restricting new gasoline service stations in the NCC zone as well as lots with
mixed use future land use designations and downtown zoning districts 2
Additional zoning code changes are anticipated through the housing
implementation effort (expected adoption date is June 2025) and the Benson Q
Corridor Project (starting in 2025). a
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3. Ordinance to update SEPA Exemptions
This ordinance will utilize a new SEPA exemption for development that
supports the City and state's goal of accommodating more housing within
urban growth areas and supporting sustainable growth by streamlining
development permitting.
As a city planning under RCW 36.70A.040, Kent is authorized to establish
categorical exemptions to SEPA if the criteria can be met and the
development proposed supports infill within urban growth areas. There are
several different types of SEPA exemptions. Some are authorized by state
law and do not require a jurisdiction to adopt any ordinances. Others require
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4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
a jurisdiction to take specific action in order to authorize an exemption.
The City of Kent intends to:
1. Adopt a new SEPA infill exemption for development consistent with the
Comprehensive Plan EIS (RCW 43.21C.229, established in the 2023 WA
State legislative session);
2. Update the flexible thresholds categorical exemption for minor new
construction that is not covered under the new infill exemption (WAC 197-
11-800); and a
3. Repeal the Downtown Kent Planned Action Ordinance (PAO) and Infill c
Development categorical exemption because it would result in conflicting 4-
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processes.
Staff are proposing to retain some of the standards in the Downtown PAO L
(KCC 11.03.215) and relocate it to more appropriate locations in KCC (such a
as development standards). a
H. Exemption from Permit Fee Refund Penalties — Resolution - a
Adopt o
Deputy Economic and Community Development Director, Matt Gilbert N
presented details on Resolution No. 2283, affirming the City's exemption N
from the permit fee refund penalties under RCW 36.70B.080. L
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During its 2023 session, the state Legislature adopted Second Substitute Z
Senate Bill 5290 to address affordable housing by encouraging efficiency in
local land use permit review. The bill imposes permit fee refund obligations if
agencies fail to implement efficiencies while also failing to meet permit =
processing timelines.
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Through continuous process improvements, investments in technology, and .2
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new positions the City Council has added to assist with the permitting
process, the City of Kent has worked to minimize delays and the resulting Q
impacts on housing affordability.
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Given efficiencies the City has already implemented, the bill exempts the City
from the permit fee refund obligation should the City fail to meet the permit
processing timelines established by the bill. This resolution simply
memorializes the City's exempt status.
MOTION: I move to adopt Resolution No. 2283 affirming the
City's exemption from the permit fee refund penalties under
RCW 36.70B.080.
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4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/19/2024 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
I. Washington Traffic Safety Commission Interagency Agreement
for the 2024-2025 Corridor Traffic Safety Project - Authorize
Community Education Coordinator and Target Zero Manager, Sara Hallstead
Presented details on the grant from the Washington Traffic Safety
Commission for the 2024-2025 Corridor Traffic Safety grant program.
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This project was developed in response to widespread public engagement
following a tragic high speed fatal crash resulting in the death of four people. 0
King County Target Zero Managers have worked with local municipalities to a
develop a Corridor Traffic Safety Project: A 10.5-mile stretch of road on a
140th Ave SE/132nd Ave SE beginning at the intersection with SR 169 (north a
point), passing SR 516 (mid-point) and terminating just before SR 18 0
interchange. Local jurisdictional partners from the cities of Renton, Kent, and
Auburn, and unincorporated King County, approached the King County Target N
Zero Managers to address this stretch of roadway following a deadly high- N
speed crash. There were many community members, law enforcement L
agencies, elected leaders, educational partners, and community-based 0
organizations involved in scoping the project. Multiple municipalities indicated —
a need for and commitment to engage in focused traffic safety work along
the identified corridor. ;
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This grant project will fund a variety of initiatives supporting traffic safety
enhancement along this specific stretch of roadway. Hoping to reach a vast
array of community members, initiatives include delivering the Teen Target Q
Zero training program to high schools located along the corridor;
implementing the Safest Ride program to elementary schools, which focuses a
on young children riding in the back seat; conducting high visibility speed
enforcement one time per month; and purchasing signage and educational 3
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materials to educate drivers on the dangers of speed and the importance of
traffic safety. The Washington Traffic Safety Commission will also assist in
gathering driver telematics data to help better understand the driving issues
along this roadway and highlighting areas where the worst driving behaviors
occur to better target intervention locations.
The one-year grant amount is $125,000. The Kent Police Department will
serve as the fiscal agent and Target Zero Manager responsible for
administering the program.
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4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
MOTION: I move to accept grant funds in the amount of
$125,000 from the Washington Traffic Safety Commission for
the 2024-2025 Corridor Traffic Safety grant program, amend
the budget, authorize expenditure of funds, and authorize the
Mayor to sign all necessary agreements and other documents,
subject to terms and conditions acceptable to the Chief of
Police and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/19/2024 7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner -
J. Ordinance — Repealing and Replacing Section 9.02.710 Relating P
to Exclusion of Illegal Activity in Public Facilities - Adopt a
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Deputy City Attorney, Christina Schuck provided details on the ordinance
repealing Kent City Code 9.02.710 and replacing it with a new section which a
modifies periods of exclusion from public facilities and updates the procedure o
to issue and appeal orders to exclude an individual from a public facility.
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As a steward of public resources, the City has the authority and responsibility N
to establish and enforce reasonable rules to help ensure the public can safely o
use and access public facilities for their intended purpose. One important tool z
is the ability for City staff and police officers to exclude individuals whose o
behavior is disruptive, unsafe, prohibited, and/or illegal from these facilities a
so that the public remains free to use them for their intended purpose. _
Section 9.02.710 of the Kent City Code (KCC) currently gives police officers
the authority to issue orders excluding a person from a public facility or an
assemblage of public facilities for a set period of time. The City's public
facilities include its buildings, parks, recreational areas, and watershed areas
and these public facilities serve important and designated purposes for the y
public.
This ordinance authorizes police officers to exclude individuals for specified
illegal and prohibited activity for periods of 45, 90, and 180 days depending
upon the severity of the activity involved and if the individual has been
excluded from public facilities within the last year. Additionally, it allows City
staff (non-police officers) to exclude individuals from public facilities for a
period of 48-hours for violations of public facility rules.
This ordinance also sets forth an appeals procedure for any individual so
excluded under this section to request a hearing to seek to modify, rescind,
and/or stay the exclusion before the City's Director of Parks, Recreations,
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4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
and Community Services, or their designee.
MOTION: I move to adopt Ordinance No. 4500, repealing Kent
City Code 9.02.710 and replacing it with a new section which
modifies periods of exclusion from public facilities and updates
the procedure to issue and appeal orders to exclude an
individual from a public facility.
RESULT: MOTION PASSES [UNANIMOUS] Next: 11/19/2024 7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
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K. Ordinance Amending Chapter 8.09 KCC - Camping on Public 'o
Property - Adopt a
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Schuck provided an overview of the ordinance amending Chapter 8.09 of the a
Kent City Code regarding camping on public property.
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Federal and state law require the City to invest taxpayer funds to preserve
and protect natural areas so they can serve critical functions of reducing N
flooding, and providing clean drinking water, sufficient tree canopy, and N
habitat for wildlife necessary to preserve the ecological health of the area. L
Additionally, these natural areas support the physical health and mental 00
wellbeing of residents. As such, the City invests significant resources in parks -
and other open spaces to increase access by making them ADA accessible
and safe for pedestrians and other modes of non-vehicular travel.
The use of these natural areas and other public property for unlawful
camping creates dangerous public health and safety conditions; damages the
environment; and prevents these areas from being used for the purposes for Q
which they were intended. In areas where larger unlawful camps exist, the
City has experienced higher incidents of open drug use and reported crime. Q
City residents have voiced to City leaders that reducing incidents of crime is
their primary concern and demand of government. These residents have
expressed that they do not feel safe, nor do they feel that their property is
secure, in areas near unlawful camps.
Sergeant Kelso talked about how the police help residents in unlawful camps
find shelter and connect with other services. The City has partnered with the
Puget Sound Regional Fire Authority to provide co-responder services to the
City.
The City has spent significant funds and dedicated considerable resources to
address the damage to and dangerous conditions in its public spaces caused
by this issue. The City continually needs to clean and rehabilitate public
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4.A.1
Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
property harmed by the accumulation of garbage; restore the ecological
function of property damaged by the removal of vegetation and earth from
wetlands and other critical areas; and restore public facilities that have been
damaged or vandalized, such as bathroom facilities, play equipment, and
covered picnic areas in parks.
The proposed revisions are intended to reconcile the City's code provisions
with current law and to provide tools to address the concerns expressed by
Kent residents to City leaders, while at the same time remain compassionate
and helpful to those experiencing homelessness who wish to accept offers of
assistance.
MOTION: I move to adopt Ordinance No. 4501, amending -
Chapter 8.09 of the Kent City Code regarding camping on public
property. o
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/19/2024 7:00 PM Q
MOVER: Bill Boyce, Councilmember a
SECONDER: John Boyd, Councilmember o
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
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L. Easement to Puget Sound Energy at the Kent East Hill N
Operations Center (KEHOC) — Authorize o
Property and Acquisition Analyst, Cheryl Rolcik-Wilcox provided an overview -
of the easement to allow Puget Sound Energy (PSE) to provide power to the N
Kent East Hill Operations Center (KEHOC). PSE will use the easement area to
install and maintain power infrastructure required for power service at
KEHOC as provided in the contract between the City and PSE that was
authorized by Council on August 20, 2024.
MOTION: I move to authorize the Mayor to sign the Easement
Agreement with Puget Sound Energy, subject to final terms and L)
conditions acceptable to the Public Works Director and City a
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Attorney.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 11/5/2024 5:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
5. ADJOURNMENT
Council President Kaur adjourned the meeting.
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Kent City Council - Committee of the Whole November 5, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
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Meeting ended at 4:42 p.m.
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4.6
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
KENT Kent, WA 98032-5895
WAS"'N G T O N 253-856-4600
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Consultant Services Agreement between the City of Kent and
Protingent Inc. - Authorize
MOTION: I move to authorize the Mayor to sign a Consultant Services
Agreement with Protingent Inc., subject to final terms and conditions
acceptable to the IT Director and City Attorney.
SUMMARY: The City's Information Technology Department ("IT Department")
contracts with several employment agencies to retain temporary workers, on an as-
needed basis, to support many of the City's technology projects and service needs.
From January 1, 2025, through December 31, 2026, the City intends to contract
with Protingent, Inc. to help meet these needs.
The IT Department seeks Council approval to enter into a new contract with
Protingent, Inc., in an amount not to exceed the total of $1.1 million for the IT
Department's staffing agency budget proposed for the 2025-2026 biennium.
The City will pay the Consultant, based on time and materials, for services provided
under the term of this agreement. IT will monitor fees charged in relation to this
collective budgeted amount to ensure the amount paid under all contracts for
temporary workers does not exceed the budgeted amounts approved by Council.
BUDGET IMPACT: 2025 and 2026 Operating and Capital Budget - Cost Impact
$1.1 million.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Protingent Inc Agreement(PDF)
Packet Pg. 15
4.B.a
KENT
W A s H 0
T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and N
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Protingent, Inc. a
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter 5
the "City"), and Protingent, Inc. authorized to conduct business in Washington, and located and doing a
business at 11235 SE 6t" Street, Suite 220, Bellevue, WA 98004 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in 0
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accordance with the following described plans and/or specifications:
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Supplemental staffing and recruiting services on a time and material basis, under the technical Y
direction and supervision of City, and talent acquisition and executive search services on an o
on-call, as-needed basis as determined by the City ("Services"). The specifics of the services
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that v
attached and incorporated as Exhibit C, which will confirm details of the assignment of r
Consultant's Assigned Individual as further specified herein. The Job Arrangement Letter
acknowledges that the assignment is under the terms of a signed agreement between the 3
parties.
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Consultant represents and warrants that the Services furnished under this Agreement will be E
performed in a good and workmanlike manner and consistent with generally accepted professional recruiting
practices within the Puget Sound region in effect at the time those Services are performed. Consultant a
further represents and warrants that its representatives assigned to perform Services for City shall be fully
qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient .0
manner. For any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours
worked by Consultant's Assigned Individual for the unsatisfactory services. N
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Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure
available to support the design, delivery, and implementation of each deliverable and meet any milestones
and/or deadlines imposed by this Agreement, as well as performing the Services described herein in accordance 0
with the terms and conditions of this Agreement. This provision is intended to provide assurance to the City ••
that Contractor has the talent pool available that is capable of performing as this Agreement requires, and that 2
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Contractor will use its best efforts to locate personnel whose skillset—technical, professional, and S
interpersonal—meet the City's needs and desires.
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II. TIME OF COMPLETION. This Agreement will become effective on January 1, 2025 and will 0
continue through December 31, 2026 ("Initial Term"). The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. The parties may agree Q
to extend this Agreement for successive one (1) year terms, which extensions will be authorized through an
Amendment to this Agreement ("Renewal Term").
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III. COMPENSATION. _
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A. The City shall pay the Consultant, based on time and materials for Services provided under a
this Agreement during its Initial Term and each Renewal Term exercised by the City and c
agreed upon by the Consultant. The Kent City Council has established a budget of E
$1,100,000.00 for temporary staffing and placement of IT professionals provided by
Consultant, and City staff is not authorized to approve any work beyond that budgeted
amount. The City will monitor fees charged in relation to that collective budgeted amount, a
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
Packet Pg. 16
4.B.a
and if Services provided by Consultant and others will cause the City to exceed that budgeted
amount, the City will either seek additional approval through a contract amendment
authorized by the Mayor or Council as the Kent City Code may require or terminate
Consultant's services as provided for in this Agreement.
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Consultant acknowledges and understands that it is not the City's exclusive provider of these 0
services but is instead one of several Consultants who have been retained to provide Q
temporary staffing and placement services. The City maintains its unqualified right to obtain ,
these services through other sources. This Agreement is for on-call and as-needed services, c;
the need for which is determined in the City's sole judgment and discretion. c
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The Consultant's billing rates will be negotiated at the time an Assigned Individual is assigned
and that agreed billing rate will be provided for on the Assigned Individual's timesheet. If o
applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant a
assigns to perform work under this Agreement ("Assigned Individual") will submit either an �
electronic time record or a time sheet for City's verification and approval at the end of each
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week.The signing of a weekly timesheet by an authorized City representative shall constitute
acceptance of the hours claimed to have been performed. Y
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B. The Consultant shall submit weekly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide )
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion r
of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until any such dispute is settled 3
by the parties. In that event, the parties will immediately make every effort to settle the
disputed portion.
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- E
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in ;v
accordance with Ch. 51.08 RCW, the parties make the following representations: a
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A. The Consultant has the ability to control and direct the performance and details of its work as .2
a recruiting firm, the City being interested only in the results obtained under this Agreement.
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B. The Consultant maintains and pays for its own place of business from which Consultant's
placement services under this Agreement will be performed.
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C. The Consultant has an established and independent business that is eligible for a business 0
deduction for federal income tax purposes that existed before the City retained Consultant's --
services, or the Consultant is engaged in an independently established trade, occupation, oM0
profession, or business of the same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the state a,
Department of Revenue. L
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E. The Consultant has registered its business and established an account with the state c
Department of Revenue and other state agencies as may be required by Consultant's business
and has obtained a Unified Business Identifier (UBI) number from the State of Washington if a�
applicable to Consultant. _
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F. The Consultant maintains a set of books dedicated to the expenses and earnings of its a.
business. c
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V. CITY PROPERTY. City and Consultant agree and understand that the work performed
hereunder is"Work for Hire." If for any reason work does not constitute "Work for Hire," Consultant hereby
assigns all copyrights therein to the City effective as of the date(s) such materials had been created. a
Consultant agrees to sign and deliver any documentation that may be reasonably required by the
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 17
4.B.a
City to effectuate the foregoing assignment. Consultant shall at all times protect City's property from
injury or loss arising in connection with this Agreement. If provided access, either locally or via remote
access, to City's network, Consultant shall prevent loss of system files and data on City's servers due to the
negligent, reckless, or willful misconduct of Consultant or its Assigned Individual. Consultant shall treat as
confidential all information related to remote access, including instructions, user IDs, and passwords. In no .i
case shall Consultant allow a third party (i.e. not employed by Consultant) to remotely connect to City's 0
network.
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VI. SECURITY. Given the nature of the services provided, Consultant must make every J
reasonable effort to protect City systems and data from improper access. In no case shall any employees.
agents, representatives and/or subcontractors of Consultant, including the Assigned Individual, have access
to City passwords, accounts, records or data files without prior written approval from the City. For security
purposes, Assigned Individuals shall be subject to all lawful background investigations, including without o
limitation criminal conviction background investigations, as may be reasonably required by the City. At the a`
direction of City, Consultant shall do all things necessary or appropriate to facilitate the background checks
including but not limited to obtaining permissions or written waivers from the Assigned Individual, and/or
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contracting with a third party to perform the background checks per City's specifications.
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VII. PROJECT TEAM. c
A. Assignment of Assigned Individual to Project Team. Consultant understands that the L)
Assigned Individual works as part of the City's project team, and as such, once assigned, the Assigned r
Individual is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that:
Consultant will not transfer or reassign such Assigned Individual without the express written agreement of 3
City; and should such Assigned Individual no longer be employed during the term of this Agreement by
Consultant for whatever reason, City shall have the right to request a specific replacement. In addition, the
City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes
such individual does not meet performance/qualification standards established by the City. Consultant E
guarantees the City's satisfaction with the services provided by the Assigned Individual by extending a one- ;v
day (8 hour) guarantee period. If, for any reason, the City is dissatisfied with the services provided by the a
Assigned Individual, Consultant will not charge for the first 8-hours worked, provided (1) the City contacts
Consultant within those first 8 hours to report its dissatisfaction, and (2) the City consents to Consultant .2
replacing the Assigned Individual.
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B. Right of City to Reject Assigned Individual. City shall have the right to reject any
Assigned Individual whose qualifications or performance in the City's good faith and reasonable judgment
does not meet the standards established by City as necessary for the performance of the services or does
not meet prescribed IT department policy, standards, procedures and guidelines, attached and incorporated v
as Exhibit A. Such notice shall be provided in writing to the designated location for receipt of notices. Upon --
receipt of notice, Consultant shall verify receipt of notice and shall meet with City to discuss the problem; oMo
and is then responsible for replacing rejected Assigned Individuals and should do so within ten (10) business
days from the date of the meeting unless otherwise agreed upon in writing.
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VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of L
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this Agreement. After termination, the City may take possession of all records and data within the Q
Consultant's possession pertaining to this project, which may be used by the City without restriction. c
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IX. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the E
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national o
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who a
is qualified and available to perform the work to which the employment relates. Consultant shall execute a
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative E
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
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X. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, a
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 18
4.B.a
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
negligent performance of the Services under this Agreement, except for that portion of the injuries and
damages caused by the City's negligence, gross negligence, or willful misconduct.
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The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds .i
to avoid any of these covenants of indemnification. 0
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, Q
then, in the event of liability for damages arising out of bodily injury to persons or damages to property j
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, c
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence. o
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
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INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES as
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Y
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In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having )
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then r
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal 3
on the Consultant's part.
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Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to
third parties, under no circumstances shall either party be directly liable to the other for indirect, E
consequential, or punitive damages whether arising in contract, tort or otherwise. ;v
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The provisions of this section shall survive the expiration or termination of this Agreement.
XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. N
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XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable 5
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under c
this Agreement. 0
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XIII. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, oMo
designs, reports, or any other records developed or created by the Assigned Individual under this Agreement
shall belong to and become the property of the City. The Consultant acknowledges that the City is a public
agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As 0
such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations
under the Public Records Act.
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XIV. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with c
the authority to control and direct the performance and details of Consultant's work as a recruiting firm
authorized under this Agreement, the Assigned Individual's work must meet the approval of the City and
shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide E
the Assigned Individual providing services to City with day-to-day oversight and direction. o
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XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees r-
that it will provide safe on-site working conditions. Consultant shall take all necessary precautions and shall E
be responsible for the safety of its employees, agents, and subcontractors in the performance of any contract
work off-site and shall utilize all protection necessary for that purpose. All off-site work shall be done at co
Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or a
other articles used or held for use in connection with the work. The City agrees that it will not permit or
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 19
4.B.a
require Consultant's Assigned Individual: (i) to perform services outside of the scope of his or her
assignment; (ii) to sign contracts or statements; (iii) to make any final decisions regarding system design,
software development or the acquisition of hardware or software; (iv) to make any management decisions;
(v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable
instruments or valuables; (vi) to use computers, or other electronic devices, software or network equipment .i
owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or 0
automotive equipment.
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XVI. MISCELLANEOUS PROVISIONS. U
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
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contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product. o
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
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Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a
covenants, agreements or options, and the same shall be and remain in full force and effect. Y
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any )
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means r
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in 0
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's E
right to indemnification under Section X of this Agreement. ;v
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this N
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Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent c
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the 0
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terms of this Agreement shall continue in full force and effect and no further assignment shall be made •-
without additional written consent. 0M0
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. E
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative Q
of the City, and such statements shall not be effective or be construed as entering into or forming a part of c
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail. _
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H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, state, and a
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or E
accruing out of the performance of those operations.
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to a
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 20
4.B.a
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, 0
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Q
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number
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of counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing o
the original signature was received in person. a`
L. Background Checks. If City requires Consultant to perform background checks or other
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placement screenings of Consultant's Assigned Individuals, City agrees to notify Consultant prior to the start
of services under this Agreement. Consultant will conduct such checks or screenings only if they are w
described in a signed, written amendment to this Agreement. If City requests a summary copy of the results 0
of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such summary results
strictly confidential and to use such results in accordance with applicable laws and solely for employment U
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purposes.
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M. Confidentiality to the Extent Allowed by Law. City agrees to hold in confidence the identity of 0
any Assigned Individual and the Assigned Individual's resume, social security number, and other legally
protected personal information, and the City agrees to implement and maintain reasonable security
procedures and practices to protect such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law. E
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N. Conversion of Assigned Individual to City Employee. City may not directly or indirectly, for a
itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent,
employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate .2
in or promote the solicitation of any Assigned Individual to leave the employ of Consultant, or hire or engage
any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to N
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the City under this Agreement. However, if any Assigned Individual has been assigned to the City for at
least six (6) months, then City may employ or otherwise professionally engage that Assigned Individual
without any financial compensation or liquidated damages owed to Consultant.
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 21
4.B.a
O. Remote Work. The City may authorize an Assigned Individual to work remotely off-site, away
from a City location. City is aware that the remote work location is not a Consultant location and is not a
site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if
applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the .N
Services remotely and shall be responsible for ensuring any City-provided hardware, software, and network 0
meet City security obligations and measures. At no time will Consultant or its Assigned Individual be storing Q
City's data on Consultant's equipment. ,
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied. o
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CONSULTANT: CITY:
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Protingent, Inc. City of Kent
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By: By:
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Print Name: Print Name: Dana Ralph r
Its Its Mayor c
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DATE: DATE: 3
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ATTEST: E
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Kent City Clerk 2
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APPROVED AS TO FORM: c�a
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Kent Law Department CO)
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: E
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Protingent, Inc. CITY OF KENT: Q
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Address ITA@kentwa.gov
11235 SE 61h Street City of Kent
Suite 220 220 Fourth Avenue South
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Bellevue, WA 98004 Kent, WA 98032 c
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(425) 284-7777 (telephone) (253) 856-4600 (telephone)
(425) 642-8001 (facsimile) (253) 856-4700 (facsimile)
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CONSULTANT SERVICES AGREEMENT - 7
(Over$20,000) Packet Pg. 22
4.B.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As 0
such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to
this Agreement shall comply with the regulations of the City's equal employment opportunity policies. Q
The City of Kent and its contractors are subject to and will comply with the following: c
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); o
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• 49 C.F.R. Part 21 (entitled Non-discrimination in Federally Assisted Programs Of The
Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title Y
VI of the Civil Rights Act of 1964). c
• Ch. 49.60 RCW (Washington Law Against Discrimination) U
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". �
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The following statements specifically identify the requirements the City deems necessary for any contractor,
subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is
required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully E
misrepresents themselves with regard to the directives outlined below, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of a
the Agreement.
The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2.
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2. During the time of this Agreement, I will not discriminate in employment on the basis of sex, race,
color, national origin, age, or the presence of all sensory, mental or physical disability.
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3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new 00
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion E
of women and minorities.
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5. During the performance of this contract, the contractor, for itself, its assignees, and successors in Q
interest (hereinafter referred to as the "contractor") agrees as follows:
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A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and
supplier (hereinafter"Contractor") will comply with all Acts and the Regulations relative to E
non-discrimination, including those applicable to Federally-assisted programs of the U.S. o
Department of Transportation, State-assisted programs through the Washington State a
Department of Transportation, and generally under Washington's Law Against
Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are E
herein incorporated by reference and made a part of this contract.
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B. Non-discrimination: The contractor, with regard to the work performed by it during the a
contract, will not discriminate on the grounds of race, color, or national origin in the
EEO COMPLIANCE DOCUMENTS - 1 Packet Pg. 23
4.B.a
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
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C. Solicitations for Subcontracts, Including Procurements of Materials and 0
Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Q
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 c;
by the contractor of the contractor's obligations under this contract and the Acts and the
Regulations relative to non-discrimination on the grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports required o
by the Acts and Regulations and directives issued pursuant thereto and will permit access to a
its books, records, accounts, other sources of information, and its facilities as may be
determined applicable to contractor's contract by the City or the Washington State
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Department of Transportation to be pertinent to ascertain compliance with such Acts and
Regulations and instructions. Where any information required of a contractor is in the Y
exclusive possession of another who fails or refuses to furnish the information, the c
contractor will so certify to the City or the Washington State Department of Transportation,
as appropriate, and will set forth what efforts it has made to obtain the information. U
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the
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non-discrimination provisions of this contract, the City will impose such contract sanctions 3
as it or the Washington State Department of Transportation may determine to be
appropriate, including, but not limited to:
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a. withholding payments to the contractor under the contract until the contractor E
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complies; and/or iv
b. cancelling, terminating, or suspending a contract, in whole or in part. a
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F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) 2
through (F) above in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts and Regulations and directives issued pursuant N
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thereto. The contractor will take action with respect to any subcontract or procurement as
the City or the Washington State Department of Transportation may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, that if the
contractor becomes involved in, or is threatened with litigation by a subcontractor, or °
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supplier because of such direction, the contractor may request the City to enter into any
litigation to protect the interests of the City. In addition, the contractor may request the 00
United States to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including
but not limited to: L
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Pertinent Non-Discrimination Authorities:
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits E
discrimination on the basis of race, color, national origin); and 49 CFR Part 21. °
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ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex); a
EEO COMPLIANCE DOCUMENTS - 2
(Over$20,000) Packet Pg. 24
4.B.a
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age); N
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, o
(prohibits discrimination based on race, creed, color, national origin, or sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and Q
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and d
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Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms ,
"programs or activities" to include all of the programs or activities of the Federal-aid a)
recipients, sub-recipients and contractors, whether such programs or activities are Federally S
funded or not); °
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viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
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places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; w
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) 0,
(prohibits discrimination on the basis of race, color, national origin, and sex); v
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
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Populations and Low-Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high 3
and adverse human health or environmental effects on minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English proficiency (LEP). To ensure compliance with Title
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VI, you must take reasonable steps to ensure that LEP persons have meaningful access to a
your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from .2
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding N
statements were complied with during the course of the contract's performance. c
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By signing below, I agree to fulfill the five requirements referenced above.
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EEO COMPLIANCE DOCUMENTS - 3
(Over$20,000) Packet Pg. 25
4.B.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 0
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor o
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POLICY:
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Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will
conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City w
must guarantee equal employment opportunity within their organization and, if holding Agreements with
the City amounting to $10,000 or more within any given year, must take the following affirmative steps:
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1. Provide a written statement to all new employees and subcontractors indicating commitment as an r
equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. a,
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, a
regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy E
Declaration, prior to commencing performance.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination
and equal opportunity requirements shall be considered in breach of contract and subject to suspension or •2
termination for all or part of the Agreement.
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to coordinate with the City's Title VI coordinator and perform the following duties for their 5
respective departments. c
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are —
familiar with the regulations and the City's equal employment opportunity policy. 00
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 4
(Over$20,000) Packet Pg. 26
4.B.a
KENT
" 9ry1NCTON Exhibit A m
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Number: ITP 3-01 Effective Date: Q
Subject: Information Technology Supersedes: Previous IT Personnel
Personnel Policy Policies
Approved:
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1. Purpose
This document describes personnel policies that are specific to IT staff members. City of Kent HR a
personnel policies are predominant on details that are not addressed on this policy.
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2. Scope c
This policy applies to all IT staff members for whom there are specific department rules not specified in
the City of Kent HR Personnel Policy manual.
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2.1.Collective Bargaining Agreements
Employees covered by collective bargaining agreements or Civil Service Rules will be subject to the 3
specific terms of those agreements and rules. In the event a collective bargaining agreement or the
Civil Service Rules do not contain language regarding personnel policies as specified in this document,
then those employees will be governed by this policy.
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2.2.Authority
This policy is written by the Information Technology (IT) Department, under the authority of the IT a
Director and in compliance with the City's employment policies, and it supersedes all previous versions
of the IT Personnel Policy. The City of Kent Employee policies shall govern all questions concerning the
construction, validity and interpretation of this policy. Any exceptions to this policy must be approved
in advance by the City IT Director. c
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2.3. References
City of Kent Personnel Policies O
New IT Employee Cheat Sheet v
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3. Policy
3.1. Daily Operations
3.1.1. Core Hours
Unless covered by collective bargaining agreements, vendor contracts, or otherwise authorized by
the IT Director, manager and/or supervisor and documented within a personnel file, all IT a,
department personnel must adhere to core working hours, which are 8:00 AM to 5:00 PM Monday
through Friday.
If an employee anticipates being more than 15 minutes late for work or absent due to sickness
they must notify their manager or supervisor using a previously agreed upon method (text
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3.1.2. Flexible Working Hours
IT Department employees may request alternative work schedules pursuant to the City's Personnel
Policy 2.16, Alternative Work Schedule. Eligibility is determined by the employee's direct
supervisor, IT management, or Human Resources Director based on the department's needs and cc
its ability to accommodate the alternative schedule. a
INFORMATION TECHNOLOGY PERSONNEL POLICY- 1
Exhibit A Packet Pg. 27
4.B.a
3.1.3. Telecommuting
A temporary telecommuting schedule accommodation can be put into place with the approval of
the IT Director, manager and/or supervisor. Additional time reporting requirements may be m
instituted to ensure proper accountability. N
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3.1.4. Overtime '
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Any request for overtime hours/work needs to first be approved by an employee's manager or
supervisor. Approval must be sought by the employee and provided by the supervisor or manager
in writing (email, captured text message, etc.) prior to the overtime work being performed.
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Managers, supervisors and employees are expected to keep copies of the "in-writing" approvals of
overtime for audit, timekeeping, time-entry, and historical purposes. a
3.1.5. Vacation Requests
Requests for vacation time need to be approved in advance by an employee's manager or
supervisor. Approval must be sought by the employee and provided by the supervisor or manager Y
in the JDE system prior to the vacation being taken. o
Managers and supervisors are responsible for maintaining adequate levels of service and therefore
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reserve the right to decline vacation requests if needed.
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3.1.6. Holiday Observance
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Unless otherwise authorized by the IT Manager and/or Director, in the event of an emergency, all
departmental staff and contractors are required to observe all City established holidays and closed
office notices.
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3.2.Supplies and Assets
Employees shall be provided with the tools required to perform their job duties as specified on their a
job description, as well as additional tools at the discretion of the IT Director, manager, or supervisor.
4. Standards
4.1. Performance
The IT Department focuses on delivering services to the City. To provide a reliable, high-quality level
of service, IT employees may occasionally be assigned with activities beyond those explicitly stated in
job descriptions, contracts, or statements of work. Such activities are defined and delegated at the n
discretion and interpretation of the IT Director, manager, or supervisor. v
4.2.Calendar Usage 00
All IT employees must grant read-only access to their Outlook calendars to all IT divisions. This allows
other users to optimally plan out their meetings, improves communication and efficiency, and saves
time by eliminating the time spent going back-and-forth with them trying to pick the perfect date and E
time. as
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Any appointments that contain sensitive or personal information can be marked as "private" by the Q
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user.
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5. Revision History
Date Revision Supersedes Summary of Changes
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11/29/2018 1.0 - Initial creation
1/28/2019 1.1 1.0 Added Collective Bargaining Agreements paragraph a)
5/16/2019 1.2 1.1 Approved by IT Management Team
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 2
Exhibit A Packet Pg. 28
4.B.a
6. Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent m
220 Fourth Ave S
Kent, WA 98032 0
Voice: 253-856-4601 Q
E-mail: ServiceDesk@kentwa.gov
http://servicedesk/
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 3
Exhibit A Packet Pg. 29
4.B.a
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
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Insurance o
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for Q
injuries to persons or damage to property which may arise from or in connection with the performance of '
the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. c
A. Minimum Scope of Insurance
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Consultant shall obtain insurance of the types described below:
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1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall 0
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Y
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Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall 0>,
be included as an Additional Insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent coverage. r
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2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of 3
Washington.
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B. Minimum Amounts of Insurance
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Consultant shall maintain the following insurance limits: a,
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1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per occurrence.
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2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each r
occurrence, $2,000,000 general aggregate. a
C. Other Insurance Provisions c
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The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile M
Liability and Commercial General Liability insurance: 00
1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
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2. The Consultant agrees to provide at least 30 days' notice to the City in the event Consultant's insurance Q
coverage is being cancelled or substantially modified (e.g., a new carrier). c
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3. The City of Kent shall be included as an additional insured on all policies (except Professional Liability) a,
as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming E
the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the °
right to receive a certified copy of all required insurance policies. The Consultant's Commercial General a
Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured a
against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. E
D. Acceptability of Insurers f°
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Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
Packet Pg. 30
4.B.a
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work. N.c
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F. Subcontractors
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Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
same insurance requirements as stated herein for the Consultant.
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4.B.a
EXHIBIT C
Job Arrangement Letter
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CONTACT NAME Job Order Number: Job Order #
COMPANY NAME
STREET ADDRESS 1
STREET ADDRESS 2 OR CITY, ST ZIP o
CITY, ST ZIP OR SPACE IF NOT REQUIRED a
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Dear Contact First Name, c
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Thank you for selecting xxx [OR OTHER APPLICABLE DIVISION] to meet your staffing needs. r
Candidate Name is scheduled to start with Company Name as a Functional Role on
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As agreed, we will invoice your firm at the rate of $ per hour. If applicable, overtime will be
billed at 1.50 times such rate. Federal law defines overtime as hours in excess of 40 hours per week,
state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our
professional will submit either a time sheet or an electronic time record for verification and approval
at the end of each week. Your approval thereby will indicate your acceptance of the terms herein. a
Our accounting and operational procedures require you receive this document. This standard
document will be sent with each Job Order you place with xxx. We acknowledge that xxx and
Company Name have a signed agreement. The terms of the signed agreement, along with the terms
of this letter, shall govern the services provided by such employee or consultant at Company Name.
Please do not hesitate to contact us if you have any questions or we can be of additional service.
We look forward to working with you. N
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Sincerely, U
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xxx ,
Street Address 1
Street Address 2 or City, St Zip
City, ST Zip or Space if not Required
(800) 111-2222 a
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4.0
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
KENT Kent, WA 98032-5895
WAS"'N G T O N 253-856-4600
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Amendment to Consultant Services Agreement between the
City of Kent and Robert Half International, Inc. - Authorize
MOTION: I move to authorize the Mayor to sign Amendment No. 6 to the
Consultant Services Agreement with Robert Half International, Inc.,
subject to final terms and conditions acceptable to the Information
Technology Department Director and City Attorney.
SUMMARY: The City's Information Technology Department ("IT Department")
contracts with several employment agencies to retain temporary workers, on an as-
needed basis, to support many of the City's technology projects and service needs.
From January 1, 2025, through December 31, 2025, the City intends to contract
with two different employment agencies to meet these needs: Protingent Inc. and
Robert Half International, Inc.
The IT Department seeks Council approval to extend its contract with Robert Half
International with this Amendment No. 6. The purpose of this extension is to amend
the original agreement's term to extend it for an additional one-year term or until
all currently assigned temporary workers complete their assignments, whichever
ends first. This Amendment increases the compensation by an amount not to
exceed $355,000.00, to cover these staffing costs. This not to exceed amount is
part of the $1.1 million proposed for the IT Department's staffing agency budget for
the 2025-2026 biennium.
The City will pay Robert Half International for the staffing services provided under
the term of this Amendment. The IT Department will monitor fees charged in
relation to this collective budgeted amount to ensure the amounts paid to all
employment agencies for temporary workers does not exceed the budgeted
amounts approved by Council.
BUDGET IMPACT:
2025 Operating and Capital Budget - Cost of Impact $355,000.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Packet Pg. 33
4.0
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. RHI - Amendment No. 6 (PDF)
Packet Pg. 34
4.C.a
•
KENT
WASHINGTON
AMENDMENT NO. 6
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NAME OF CONSULTANT OR VENDOR: Robert Half International
CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment, #CAG2019-389 Y
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ORIGINAL AGREEMENT DATE: August 14, 2019 ;,
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This Amendment is made between the City and the above-referenced Consultant and (D
amends the original Agreement and all prior Amendments. All other provisions of the original c
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Consultant's work is
modified as follows: f
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1. Time of Completion. Section II of the Agreement, entitled "Time of Completion, 0)
authorized extensions of the Agreement for successive one (1) year terms through an amendmer N
authorized by the parties. Previous amendments have extended the Time of Completion to DecembE
31, 2024. Consistent with Section II, the parties desire to amend the Agreement's term, to extend fc 3
an additional successive one (1) year term or until all current Assigned Individuals complete the cn
assignments as specified within signed Job Arrangement Letters, whichever ends first.
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2. Compensation. Section III.0 of the Agreement, entitled "Compensation," is �
amended as follows: U
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C. Through this Amendment No.-5 6, the compensation paid to Consultant fror
January 1, 2024 2025 through December 31, 2024 2025 will not exceed $355,000.00. E
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The Consultant or Vendor accepts all requirements of this Amendment by signing below, by a
its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or affected 0
by this Amendment, including, without limitation, claims related to contract time, contract 6
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise z.
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and E
warranty provisions of the original Agreement.
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All acts consistent with the authority of the Agreement, previous Amendments (if any), and Q
this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, '
and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be =W
deemed to have applied.
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AMENDMENT NO. 6 - 1 OF 2 Packet Pg. 35
4.C.a
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will 4-
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT:
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Print Name: Print Name: 4-
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ATTEST: APPROVED AS TO FORM: 3
(applicable if Mayor's signature required)
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Kent City Clerk Kent Law Department Q
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[In this field,you may enter the electronic filepath where the contract has been saved]
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AMENDMENT NO. 6 - 2 OF 2 Packet Pg. 36
4.D
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
\117KENT Kent, WA 98032
W A S ENT
N G T O N 253-856-5264
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments
between October 1, 2024, and October 31, 2024 - Adopt
MOTION: I move to adopt Ordinance No. 4504, consolidating budget
adjustments made between October 1, 2024, and October 31, 2024,
reflecting an overall budget increase of $21,339,430.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $21,339,430.
Adjustments totaling $9,355,630 have previously been approved by Council and are
summarized as follows:
$8,605,630 in grants as follows:
• $3,978,060 in Recreation Conservation Office grants for the Ruth property
acquisition ($3m), Springwood Park renovations ($500k), Mendel property
acquisition ($378k) and Lake Meridian playground resurfacing ($100k).
• $1,350,000 King County Conservation Futures grant for the Ruth property
acquisition.
• $1,142,290 King County Veterans, Seniors and Human Services Levy
grants ($315k for 2021-2023 and $827k for 2024-2026).
• $800,000 King County Levy grant for Springwood Park renovations.
• $628,340 Cooperative Watershed Management grant for Lower Russell
Road - Habitat A.
• $627,690 King County grant for Boeing Rock habitat enhancements.
• $57,500 Simple Possession Advocacy Representation program grant for
public defense services.
• $21,750 in other small grants ($18k 4Culture grant & $3.7k Western
States Arts Federation grant)
$750,000 in other previously approved budget changes as follows:
• $623,500 in Affordable Housing Taxes allocated to the Salvation Army
($501k) and Kent Family & Youth Services ($123k).
• $126,500 in Arts funding per the City Art Plan.
The remaining adjustments totaling $11,983,800 have not been previously
approved by Council and include:
• $10,832,300 in American Rescue Plan Act funded budget adjustments.
• $464,320 to true up revenues and related expenditures for King County
Packet Pg. 37
4.D
Levy 2022-2025 funding ($322k), Golf fees ($119k) and various other
Parks revenues ($77k), offset by a 2019-2020 Veterans Seniors Human
Services Levy funds true up (-$53k).
• $353,000 to reallocate funds from Streets Lifecycle to 2024 Pavement
Preservation.
• $325,830 to allocate Levy funds to the Morrill Meadows expansion
($115k), Salt Air Vista playground ($110k), Parks Lifecycle ($63k) and GR
Trail/Van Doren's Park ($38k).
• $93,000 to allocate Golf funds to the Facilities Card Access project.
• $75,000 for increased 2024 Lodging Tax Advisory Committee grants
issued.
• $50,000 to fund the Reith Road Roundabout project from Residential
Street Programs.
• $30,000 in other fund reallocations ($10k for the transfer & $10k to
establish a budget for the Fleet Key-box System & $10k reallocated from
Paths and Trails to Parks Operations Lifecycle).
• $(239,650) to remove the Human Services Levy gap funding.
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ordinance Q4 2024 Supp (PDF)
Packet Pg. 38
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ORDINANCE NO. 4504 a
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AN ORDINANCE of the City Council of the
City of Kent, Washington, approving the o
consolidating budget adjustments made between
October 1, 2024 and October 31, 2024, reflecting E
an overall budget increase of $21,339,430. 3
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RECITALS m
A. Expenditures as classified in the final, adopted budget
constitute the City's appropriations for that year. After adoption, there are o
a variety of events that will precipitate the need to amend the adopted 0
budget, such as grant awards, bonds issuance, collective bargaining N
agreements, and additional budget requests. These modifications are
periodically consolidated into a supplemental budget adjustment ordinance 3
amending the original adopted budget. N
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
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SECTION 1. - Budc7et Adjustments. The 2023-2024 biennial budget Z
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is amended to include budget fund adjustments for the fourth quarter of
2024 from October 1 to October 31, 2024, as summarized and set forth in m
Exhibit A, which is attached and incorporated into this ordinance. Except as
as
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1 2023-2024 Budget Adjustment U
Fourth Quarter 2024
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4.D.a
amended by this ordinance, all terms and provisions of the 2023-2024
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biennial budget Ordinance No. 4451, as amended by Ordinance Nos. 4465. 3
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4472, 4475, 4479, 4481, 4492, 4497 and 4502, shall remain unchanged.
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SECTION 2. - Severability. If any one or more section, subsection, W
or sentence of this ordinance is held to be unconstitutional or invalid, such a
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decision shall not affect the validity of the remaining portion of this ordinance 0
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and the same shall remain in full force and effect.
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon 0
approval of the City Attorney, the City Clerk and the Code Reviser are E
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authorized to make necessary corrections to this ordinance, including the 3
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correction of clerical errors; ordinance, section, or subsection numbering; or
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references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 4. - Effective Date. This ordinance shall take effect and be r
in force five days after publication, as provided by law. 0
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December 10, 2024 cm
DANA RALPH, MAYOR Date Approved
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ATTEST: (n
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December 10, 2024 CY
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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December 13, 2024
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Date Published O
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APPROVED AS TO FORM: U)
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TAMMY WHITE, CITY ATTORNEY m
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2 2023-2024 Budget Adjustment
Fourth Quarter 2024 1°
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Packet Pg. 40
4.D.a
Exhibit A
City of Kent
Budget Adjustment Ordinance 3
Adjustments October 1, 2024 to October 31, 2024 N
Previously Approval Total N
Fund Title
Approved Requested Adjustment
Ordinance
General Fund 205,750 5,931,170 6,136,920 a
`0
Street Fund - (1,425,000) (1,425,000)
Lodging Tax Fund - 75,000 75,000
Criminal Justice Fund - 100,000 100,000
Human Services Fund 1,765,790 (292,620) 1,473,170 0`
Streets Capital Projects Fund - 1,422,880 1,422,880
Parks Capital Projects Fund 6,128,060 2,035,330 8,163,390 E
Other Capital Projects Fund - (952,070) (952,070) w
Technology Capital Projects Fund - (95,470) (95,470) a
Facilities Capital Projects Fund - 6,223,060 6,223,060
Drainage Operating Fund 1,256,030 5,120 1,261,150
Golf Operating Fund - 118,800 118,800
a�
Fleet Services Fund - 20,430 20,430 r
Facilities Management Fund - (1,182,830) (1,182,830) -a
Total 9,355,630 11,983,800 21,339,430
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Packet Pg. 41
4.D.a
Budget Adjustment Detail for Budget Changes
October 1, 2024 to October 31, 2024
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Approval Previously Not Previously Total 01
Date or Approved by Approved by Adjustment 3
Other Fund Council Council Ordinance N
General Fund to
Arts funding through City Arts Plan 3/19/2024 126,500 126,500
O
SPAR Grant for public defense services 8/20/2024 57,500 57,500 E
4Culture Grant KCC 3.7 18,000 18,000 y
WESTAF Grant KCC 3.7 3,750 3,750 7
ARPA Funding Budget Adjustments 5,931,170 5,931,170 Q
Total General Fund 205,750 5,931,170 6,136,920
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Street Fund �
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Miscellaneous Street funding to SR99 Hybrid Beacon 3100 (100,000) (100,000) 0
Miscellaneous Street funding to 108th Avenue SE/264th Roundabout 3100 (500,000) (500,000) O
Move ARPA Sidewalk Project funds to 2024 Pavement Preservation 3100 (500,000) (500,000) S
Reallocate Quieter Zone Study funding to Willis St Road Diet 3100 (325,000) (325,000) 'a
Total Street Fund - (1,425,000) (1,425,000) O
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Lodging Tax Fund y
Use of fund balance to fund additional LTAC grants 75,000 75,000 E
Total Lodging Tax Fund - 75,000 75,000 N
7
Criminal Justice Fund
ARPA Funding for record management 100,000 100,000 Q
Total Criminal Justice Fund - 100,000 100,000 O
0
Human Services Fund
True up King County VSHS Levy 2019-2020 (52,970) (52,970) m
Remove Human Services Levy Gap Funding (239,650) (239,650)
C
Recognize King County VSHS Levy 2021-2023 funds 4/2/2024 314,920 314,920
Recognize King County VSHS Levy 2024-2026 funds 9/17/2024 827,370 827,370 •a
Affordable Housing Sales Tax Allocation-Kent Family&Youth Services 7/20/2024 122,500 122,500
Affordable Housing Sales Tax Allocation-Salvation Army 8/20/2024 501,000 501,000 to
Total Human Services Fund 1,765,790 (292,620) 1,473,170 a
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Streets Capital Projects Fund
Miscellaneous Street funding to SR99 Hybrid Beacon 1100 100,000 100,000 N
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Miscellaneous Street funding to 108th Avenue SE/264th Roundabout 1100 500,000 500,000
Reallocate Quieter Zone Study funding to Willis St Road Diet 1100 325,000 325,000
Fund Reith Road Roundabout from Residential Street Programs 1100 50,000 50,000 CL
Reallocate funds from Street Lifecycle to 2024 Pavement Preservation 1100 353,000 353,000 0.
Close 240th Hogan Park Sidewalks project to Miscellaneous Drainage 4400 (5,120) (5,120)
Move ARPA Sidewalk Project funds to 2024 Pavement Preservation 1100 500,000 500,000
Reallocate MMOM Budget to MMOM 64th Avenue Project 3500 500,000 500,000 G
Reduce ARPA funding for Military/Veterans Drive (900,000) (900,000) N
Total Streets Capital Projects Fund - 1,422,880 1,422,880 14
Parks Capital Projects Fund
t)
Revenue True Ups 76,890 76,890
Additional KC Levy 2022-2025 funding 321,600 321,600
Allocate 2014-2019 KC Levy Funds to Park LifeCycle 62,560 62,560
RCO Grant for Ruth property acquisition 11/21/2023 3,000,000 3,000,000 L
RCO Grant for Mendel property acquisition 11/21/2023 378,060 378,060
KC Conservation Futures for Ruth property acquisition 2/20/2024 1,350,000 1,350,000
d
KC Levy Grant for Springwood Park renovation 2/20/2024 800,000 800,000 E
RCO Grant for Springwood Park renovation 11/21/2023 500,000 500,000 N
RCO Grant for Lake Meridian playground resurfacing 7/16/2024 100,000 100,000 7
PARKS ARPA Funding Budget Adjustments 1,301,010 1,301,010 'a
Allocate 2020-2025 Levy funds to Salt Air Vista Playground 110,000 110,000 Q
Allocate 2020-2025 Levy funds to Morrill Meadows Expansion 115,000 115,000 4)
Allocate 2020-2025 Levy funds to GR Trail/Van Doren's Park 38,270 38,270
Move funds from Paths and Trails to Parks Operations Lifecycle 10,000 10,000 3
Total Parks Capital Projects Fund 6,128,060 2,035,330 8,163,390 03
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Other Capital Projects Fund
d
Reduce ARPA funding for Stategic Plan (452,070) (452,070) E
Reallocate MMOM Budget to MMOM 64th Avenue Project 3100 (500,000) (500,000)
Total Other Capital Projects Fund - (952,070) (952,070)
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Technology Capital Projects Fund Q
Remove ARPA Funding for DataCollection (100,000) (100,000)
ARPA Funding for Teleconferencing 4,530 4,530
Total Technology Capital Projects Fund - (95,470) (95,470)
Packet Pg. 42
4.D.a
Budget Adjustment Detail for Budget Changes
October 1, 2024 to October 31, 2024
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Approval Previously Not Previously Total d
Date or Approved by Approved by Adjustment 3
Other Fund Council Council Ordinance N
N
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Facilities Capital Projects Fund
N
Move funds from Public Buildings Major Maintenance to Park Buildings 5400 350,000 350,000 E
Move funds from Facilities Reinvestment to Public Buildings Major Maintenance 5400 (4,170) (4,1,0) toU)
ARPA Funding for KEHOC Steel 5,709,820 5,709,820 3
ARPA Funding for KEHOC PSE 543,150 543,150 Q
Reduce ARPA Funding for Customer Service Counter Improvements (375,740) (375,740)
Total Facilities Capital Projects Fund - 6,223,060 6,223,060 p
d
Drainage Operating Fund V
CWM Grant for Lower Russell Road-Habitat A 10/15/2024 628,340 628,340
R
KC Grant for Boeing Rock Habitat Enhancements 10/15/2024 627,690 627,690 C
Close 240th Hogan Park Sidewalks project to Miscellaneous Drainage 3100 5,120 5,120 -a
Total Drainage Operating Fund 1,256,030 5,120 1,261,150 O
Golf Operating Fund
d
Golf Operating Revenue True Up 118,800 118,800 E
Total Golf Operating Fund - 118,800 118,800 N
3
Fleet Services Fund
Transfer Fleet Services fund balance to Keybox System project 10,000 10,000 Q
Establish budget in Keybox System project 10,000 10,000 0
True up ARPA Funding for Fleet Replacement 430 430 -a
Total Fleet Services Fund - 20,430 20,430
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Facilities Management Fund
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Move funds from Public Buildings Major Maintenance to Park Buildings 3500 (350,000) (350,000)
Move funds from Facilities Reinvestment to Public Buildings Major Maintenance 3500 4,170 4,170 -a
Allocate Golf ARPA funds to Facilities Card Access project 4800 93,000 93,000
Facilities ARPA Funding Budget Adjustments (930,000) (930,000) N
Total Facilities Management Fund - (1,182,830) (1,182,830) r—
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9,355,630 11,983,800 21,339,430
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Packet Pg. 43
4.E
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5264
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: September 2024 Financial Report
SUMMARY: Financial Planning Manager, Michelle Ferguson will report out the 2024
September Financial Report.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. September 2024 Financial Report (PDF)
Packet Pg. 44
September 2024 • nthly Financial Report
City of Kent, Washington
General Fund Overview
2024 •
Adj Budget YTD Est Actual Favorable Favorable
(Unfavorable) (UnfavorablC
Revenues 121,149,030 84,245,786 126,307,790 5,158,760 4.3%
Expenditures 123,225,080 84,224,657 120,346,200 2,878,880 2.3%
Net Revenues Less Expenditures (2,076,050) 21,129 5,961,590 8,037,640
0
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Beginning Fund Balance 63,738,811 63,738,811 0
Ending Fund Balance 61,662,761 69,700,401
50.0% 57.9%
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Reauired Ending Fund Balance Calculation `m
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Estimated Expenditures for 2024 (from above) 120,346,200 2
18.0% m
18% GF Ending Fund Balance 21,662,316
J
millions General Fund Ending Fund Balance 10-year History (excluding Annexation) 0
0
80.00 LL
70.00 63.74 69.70 Z
60.00 47.66 51.50
50.00
41.97
40.00 32.98
30.00 20.65 21.66 0
20.00 18.92
11.91
10.00
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0.00 v
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2015 2016 2017 2018 2019 2020 2021 2022 2023 Est.2024
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Packet Pg. 45
September 2024 • - . • 4.E.a
City of Kent, Washington
General Fund Overview - Revenues
Revenue Categories Adj Budget YTD Est Actual Favorable Favorable
(Unfavorable) (Unfavorable)
Taxes:
Property 16,165,310 8,961,814 16,291,300 125,990 0.8%
Sales & Use 31,682,150 24,868,699 32,798,900 1,116,750 3.5%
Utility 26,461,510 20,530,233 26,639,600 178,090 0.7%
Business &Occupation 19,579,930 10,295,489 20,495,900 915,970 4.7% o
Other 881,820 491,864 908,300 26,480 3.0%
Licenses and Permits 7,761,430 5,963,544 8,093,900 332,470 4.3%
Intergovernmental Revenue 3,109,350 2,571,607 3,109,300 (50) 0.0%
Charges for Services 7,050,350 5,945,917 7,257,100 206,750 2.9%
Fines and Forfeitures 757,590 797,917 918,600 161,010 21.3%
ii
Miscellaneous Revenue 2,932,200 3,818,702 5,027,500 2,095,300 71.5% q
Transfers In 4,767,390 - 4,767,390 - o
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Total Revenues 121,149,030 84,245,786 126,307,790 5,158,760 4.3%
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2024 Budgeted General
Fund Revenues z
0
B&O Taxes 0
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16% Other Taxes Z
0.7%
Licenses and Permits ti
6% Intergovernmental
Utility Taxes l 2%
21% 0
Charges for Services
IX
6%
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Other
17% Fines and Forfeits 1%
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Misc&Transfers In N
8%
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Sales Taxes Property Taxes y
26% 13% Cn
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Packet Pg. 46
4.E.a
September 2024 Monthly Financial Report
City of Kent, Washington
General Fund Revenues ($ in Thousands)
All Revenues Sources
Prior Year Budgeted Actual
$140,000 Revenues Revenues Revenues
January 6,450 6,274 7,588
$120,000 February 6,204 5,396 7,320
$100,000 - - March 9,524 7,405 7,726
April 16,943 19,485 17,651
$80,000 May 10,441 9,373 9,550 0
0.
$60,000 June 7,157 6,494 7,151
$40,000 July 11,107 9,097 11,819
August 9,206 6,968 7,991 'U
$20,000 September 7,953 6,519 7,449
$0 October 17,945 20,333 0
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Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 8,109 8,768 0 N
December 19,976 15,038 0 N
24Bud f23Prelim 24Act Total 131,014 121,149 84,246 L
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Prior Year Budgeted Actual
$20,000 Revenues Revenues Revenues
J
January - 0 0 Z
$15,000 - February 125 102 160 0
March 648 644 519 LL
Z
April 6,254 6,098 6,652
$10,000 - May 1,378 1,390 1,184 ti
June 80 311 132
July 74 56 29
$5,000 August 56 78 72 Q.
September 199 270 213
d'
$0 October 6,497 5,867 0 io
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 648 1,249 0 c
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December 95 100 0
24 Bud f23 Prelim 24Act LL
Total 16,053 16,165 8,962
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Prior Year Budgeted Actual
E
$40,000 Revenues Revenues Revenues
$35,000 January 2,202 2,354 2,635
February 2,609 2,772 3,203 };
$30,000 March 2,717 2,475 2,529
$25,000 _ - April 2,711 2,344 2,441 E
$20,000 - - - May 3,087 2,740 3,064 r
$15,000 _ June 2,803 2,487 2,719 Q
July 3,074 2,368 2,650
$10,000 August 3,119 2,822 2,854
$5,000 - September 2,833 2,622 2,772
$0 October 2,895 2,668 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 2,975 2,795 0
December 3,889 3,235 0
�24Bud f23Prelim -4-24Act Total 34,915 31,682 24,869
Page 3 of 14 Packet Pg. 47
September 2024 Monthly Financial Report =sit
City of Kent, Washington
General Fund Revenues ($ in Thousands)
Utility Tax
rior ear Budgeted Actual 0
$30,000 evenues Revenues Revenues
January 2,517 2,618 2,549
$25,000 February 2,233 2,187 2,384
$20,000 _ March 2,272 2,238 2,346
April 2,452 2,386 2,292 0
$15,000 - 0.
May 2,209 2,159 2,157
June 1,943 1,969 2,093
$10,000 - to
July 2,308 2,349 2,356 L)
c
$5,000 _ August 2,014 2,041 2,090 c
September 2,060 2,234 2,263 ii
$0 October 2,116 2,079 0 Iq
N
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,997 2,080 0 N
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December 2,032 2,121 0 a)
24 Bud f23 Prelim 24 Act Total 26,153 26,462 20,530 E
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Other -
Prior Year Budgeted Actual
$22,000 J
Z
$20,000 - January 2 67 2 O
$18,000 - February 2 2 20 OLL
$16,000 - March 33 9 0 z
$14,000 April 3,373 3,367 4,198
$12,000 May 1,772 1,329 958
$10,000 -
$8,000 _ June 100 138 160
$6,000 _ July 3,339 3,543 4,189 0
$4,000 IL- August 1,704 1,348 1,053 01
$2,000 - - - - September 219 145 208
$0 October 3,853 3,784 0
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Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 988 1,093 0 C
December 6,150 5,637 0 LL
.A24Bud f23Prelim --+--24Act 14
Total 21,536 20,462 10,787 N
0
N
Other Revenues
(Interg
d
• for • • Misc Revenues) E
Prior Year Budgeted Actual
$35,000 Revenues Revenues Revenues
$30,000 January 1,728 2,353 2,402
February 1,236 795 1,553 E
$25,000 - March 3,855 2,334 2,331 q
$20,000 _ April 2,153 1,880 2,068 Q
May 1,996 1,672 2,187
$15,000 June 2,231 2,102 2,047
$10,000 - July 2,310 2,008 2,594
August 2,312 1,586 1,922
$0$5,0 September 2,642 1,982 1,994
$0 October 2,583 2,624 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,501 1,533 0
December 7,810 5,510 0
24 Bud f23 Prelim �24Act
Total 32,357 26,378 19,098
Page 4 of 14 Packet Pg. 48
September 2024 Monthly Financial Report 4.E.a
City of Kent, Washington
General Fund Overview - Expenditures
Department
(Unfavorable) (Unfavorable)
City Council 4481480 310,823 415,700 32,780 7.3%
Administration 3,519,030 1,972,306 3,347,700 171,330 4.90/o
Economic & Community Developme 10,633,510 6,733,496 9,522,900 1,110,610 10.4%
Finance 3,899,760 2,444,047 3,458,800 440,960 11.30/o o
Fire Contracted Services 3,749,880 2,757,918 3,579,400 170,480 4.5% 0
Human Resources 2,123,280 1,248,533 1,850,700 272,580 12.80/b
Law 1,735,880 1,208,474 1,656,000 79,880 4.6%
Municipal Court 4,437,810 3,190,548 4,367,900 69,910 1.60/o
Parks, Recreation & Comm Services 24,054,500 16,717,230 23,562,500 492,000 2.0%
Police 58,439,540 44,256,607 58,400,600 38,940 0.1% N
Non-Departmental 10,183,410 3,384,088 10,183,410 N
Total Expenditures 123,225,080 84,224,657 120,346,200 2,878,880 2.3% 603
Variance analysis for expenditures is provided for particular departments or those in which the estimated actual
r
amount differs from the budgeted amount by at least 10% or a minimum of $500,000. m
Variance Notes
Economic & Community Development: Estimated spend by ECD is $1m or 10.4% under budget due to savings in S&B p
($430k), Services ($594k) and Supplies ($86k) p
LL
Finance: Estimated spend by Finance is $441k or 11.3% under budget due to savings in S&B ($381k) and Services z
($48k)
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HR: Estimated spend by HR is $273k or 12.8% under budget due to savings in S&B ($29k) and Services ($236k)
V_
0
2024 Budgeted General Fund
Police
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48%
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City Council LL
0.35% I N
Non- — c
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Departme tal
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80 Human E
Resources a)
2% y
Other
3%
Ad in t
3% Law U
1% Q
ECD
8%
Finance
Parks,Recreation&Comm 3%
Services Fire Contracted Services
20% Municipal Court 3%
4%
Page 5 of 14
Packet Pg. 49
4.E.a
September 2024 Monthly Financial Report
City of Kent, Washington
General Fund
BudgetActual Actual Adj
Beginning Fund Balance 47,660,526 51,504,084 63,738,811 63,738,811 63,738,811
Revenues
Taxes:
Property 32,835,026 16,052,750 16,165,310 8,961,814 16,291,300
Sales & Use 27,943,579 34,915,382 31,682,150 24,868,699 32,798,900 0
Utility 21,048,283 26,153,099 26,461,510 20,530,233 26,639,600
Business & Occupation 19,517,633 20,367,679 19,579,930 10,295,489 20,495,900 Fa
Other 930,044 1,168,377 881,820 491,864 908,300
Licenses and Permits 8,567,857 7,345,842 7,761,430 5,963,544 8,093,900
f°
c
Intergovernmental Revenue 3,406,561 3,310,862 3,109,350 2,571,607 3,109,300 LL
Charges for Services 8,492,824 8,281,105 7,050,350 5,945,917 7,257,100 c
Fines and Forfeitures 590,339 823,389 757,590 797,917 918,600 i
Miscellaneous Revenue (375,462) 6,616,771 2,932,200 3,818,702 5,027,500
Transfers In 11,445,001 5,978,735 4,767,390 - 4,767,390 E
Total Revenues 134,401,684 131,013,991 121,149,030 84,245,786 126,307,790 m
Expenditures J
City Council 288,639 415,087 448,480 310,823 415,700 Z
O
Administration 3,031,347 2,757,492 3,519,030 1,972,306 3,347,700 O
Economic & Community Dev 7,791,962 9,259,189 10,633,510 6,733,496 9,522,900
Z
Finance 2,810,207 3,476,740 3,899,760 2,444,047 3,458,800
Fire Contracted Services 3,900,542 3,396,485 3,749,880 2,757,918 3,579,400 i
Human Resources 1,795,361 1,909,651 2,123,280 1,248,533 1,850,700
Law 1,383,659 1,358,854 1,735,880 1,208,474 1,656,000
Municipal Court 3,433,032 3,878,284 4,437,810 3,190,548 4,367,900 m
Parks, Recreation & Comm Svcs 19,439,188 21,804,373 24,054,500 16,717,230 23,562,500 W
Police 50,394,511 54,011,056 58,439,540 44,256,607 58,400,600 T
Non-Departmental 36,289,679 16,512,053 10,183,410 3,384,088 10,183,410
Total Expenditures 130,558,126 118,779,264 123,225,080 84,224,657 120,346,200 E
ii
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Net Revenues less Expenditures 3,843,558 12,234,727 (2,076,050) 21,129 5,961,590 N
S.-
CD
Ending Fund Balance 51,504,084 63,738,811 61,662,761 63,759,940 69,700,401 -0
E
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Ending Fund Balance Detail:
General Fund Reserves 51,504,084 63,738,811 61,662,761 69,700,401 Cn
based on same year actuals/budget 39.4% 53.7% 50.0% 57.9% y
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Packet Pg. 50
September 2024 • nthly Financial Report4.E.a
City of Kent, Washington
General Fund
Year-to-Year Month Comparison
2022 2023 • • % 011
thru September thru September thru September Variance . .
Revenues
Taxes:
Property 18,074,648 8,812,893 8,961,814 148,920 1.7% 55.4%
Sales & Use 20,313,671 25,155,560 24,868,699 (286,860) -1.1% 78.5% 0
Utility 15,935,022 20,007,637 20,530,233 522,596 2.6% 77.6% Q.
Business &Occupation 9,466,232 9,946,147 10,295,489 349,342 3.5% 52.6% W
Other 486,422 600,837 491,864 (108,973) -18.1% 55.8% Fa
Licenses and Permits 6,158,819 5,119,054 5,963,544 844,490 16.5% 76.8%
Intergovernmental Revenue 2,333,656 2,744,165 2,571,607 (172,558) -6.3% 82.7%
Charges for Services 6,135,909 6,569,851 5,945,917 (623,934) -9.5% 84.3% u.
Fines and Forfeitures 498,455 671,304 797,917 126,613 18.9% 105.3% N
Miscellaneous Revenue 1,678,287 3,419,045 3,818,702 399,657 11.7% 130.2% N
Transfers In 285,000 1,950,000 - (1,950,000) -100.0%
Total Revenues 81,366,119 84,996,492 84,245,786 (750,706) -0.9% 69.50/0 E
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Expenditures ta)
City Council 217,783 318,844 310,823 (8,021) -2.5% 69.3%
Administration 1,511,440 1,385,217 1,972,306 587,089 42.4% 56.0%
Economic &Community Dev 5,659,241 7,310,120 6,733,496 (576,624) -7.9% 63.3% p
Finance 1,955,424 2,588,149 2,444,047 (144,102) -5.6% 62.7% p
Fire Contracted Services 3,071,254 2,673,253 2,757,918 84,665 3.2% 73.5% Z
Human Resources 1,252,678 1,428,462 1,248,533 (179,930) -12.6% 58.8%
Law 988,602 989,446 1,208,474 219,028 22.1% 69.6% ti
Municipal Court 2,534,025 2,848,570 3,190,548 341,978 12.0% 71.9%
Parks, Recreation & Comm Svcs 13,790,843 15,588,929 16,717,230 1,128,301 7.2% 69.5%
Police 37,259,571 39,964,013 44,256,607 4,292,594 10.7% 74.7% 0
CL
Non-Departmental 4,047,004 2,976,755 3,384,088 407,332 13.7% 33.2%
Total Expenditures 72,287,865 78,072,120 84,224,657 6,152,537 7.9% 68.4%
U
c
c
GF Revenues thru September GF Expenditures thru September LL
Iq
N
35,000,000 50,000,000 N
30,000,000 45,000,000
40,000,000 E
25,000,000 35,000,000 +;
20,000,000 30,000,000 - d
■2022 25,000,000 - ■2022
15,000,000 0 2023 20,000,000 - 0 2023
10,000,000 u 2024 15,000,000 - u 2024 E
t
5,000,000 10,000,000 r
5,000,000 Q
0 0
Property Sales& Utility Other Police Parks *General ECD Non-Dept
Taxes Use Taxes Taxes Revenues Govt. &Other
*General Govt. includes City Council,Administration, HR, IT,&Finance
Page 7 of 14
Packet Pg. 51
4.E.a
September 1 • nthly Financial Repo
City of Kent, Washington
Fund Balances
Beginning Ending Fund
Fund Balance Revenues Expenditures Balance
Estimated Estimated Estimated Estimated
Q.
Operating revenues and expenditures only; capital and non-capital projects are excluded.
General Fund
General Fund 63,738,811 126,307,790 120,346,200 69,7001401
ii
Special Revenue Funds
O
Street Fund 13,386,120 22,817,010 20,947,320 15,255,810 N
L
LEOFF 1 Retiree Benefits 1,035,037 951,930 936,960 1,050,007
Lodging Tax 395,685 283,280 350,460 328,505 2
Youth/Teen Programs 526,053 1,147,080 1,112,240 560,893
Capital Resources 27,216,924 29,253,370 36,081,480 20,388,814
Criminal Justice 9,583,141 14,129,040 13,644,510 10,067,671 Z
Human Services 3,536,818 4,088,970 4,208,450 3,417,338 0
ShoWare Operating 646,975 1,287,190 1,928,620 5,545 u-
Impact Fee Fund - 980,600 980,600 -
Other Operating 496,733 110,330 81,020 526,043
Debt Service Funds
--
Councilmanic Debt Service 743,503 7,126,250 7,813,060 56,693 Q.
m
Special Assessments Debt Service 301,876 233,390 191,810 343,456
Enterprise Funds U
c
Water Utility 19,296,081 35,199,320 35,447,730 19,047,671 E
ii
Sewer Utility 4,719,022 42,200,900 41,393,300 5,526,622 N
Drainage Utility 13,900,673 28,950,410 28,362,950 14,488,133 N
Solid Waste Utility 524,274 1,050,760 1,163,590 411,444
Golf Complex 1,190,301 3,586,330 3,267,300 1,509,331 aEInternal Service Funds
a
Cn
Fleet Services 4,534,509 7,404,690 6,890,800 5,048,399
Central Services 172,100 306,720 298,480 180,340 E
Information Technology 2,147,830 13,054,720 12,859,830 2,342,720 U
Facilities 3,237,808 7,511,350 8,259,140 2,490,018 a
Unemployment 1,336,084 216,800 227,090 1,325,794
Workers Compensation 478,245 3,169,070 3,175,880 471,435
Employee Health & Wellness 11,202,304 17,441,690 16,039,980 12,604,014
Liability Insurance 4,216,546 6,260,340 6,008,120 4,468,766
Property Insurance 964,658 1,473,680 1,192,000 1,246,338
Page 8 of 14
Packet Pg. 52
September 2024 • nthly Financial Report4.E.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Actual Actual Adj Budget YTD Est Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Special Revenue Funds
Street Fund
Revenues 21,474,426 22,469,259 21,432,550 11,643,676 22,817,010 0
Expenditures 18,646,932 21,889,515 21,473,100 11,305,849 20,947,320
Net Revenues Less Expenditures 2,827,493 579,744 (40,550) 337,828 1,869,690 LL
LEOFF 1 Retiree Benefits
c
Revenues 1,119,751 1,133,198 1,324,150 620,895 951,930 c
Expenditures 1,375,512 949,548 1,612,800 702,496 936,960 M
Net Revenues Less Expenditures (255,761) 183,650 (288,650) (81,601) 14,970 '*
N
O
Lodging Tax
Revenues 565,735 288,355 288,810 211,072 283,280
Expenditures 244,710 315,544 304,230 296,899 350,460 aEi
Net Revenues Less Expenditures 321,025 (27,189) (15,420) (85,827) (67,180) cL
Youth/Teen Programs to
Revenues 1,021,842 1,104,536 1,112,240 869,024 1,147,080
Expenditures 925,650 997,496 1,112,240 5,063 1,112,240 -J
Net Revenues Less Expenditures 96,192 107,041 - 863,962 34,840 p
Capital Resources 00
Revenues 27,054,816 29,704,278 27,195,870 18,803,944 29,253,370 Z
Expenditures 20,632,883 33,422,431 36,676,380 2,940,834 36,081,480
Net Revenues Less Expenditures 6,421,934 (3,718,153) (9,480,510) 15,863,111 (6,828,110) i
Criminal Justice
Revenues 10,036,211 12,884,719 12,012,420 11,015,664 14,129,040
Expenditures 9,102,237 13,930,094 13,871,330 8,650,864 13,644,510 0
CL
Net Revenues Less Expenditures 933,974 (1,045,375) (1,858,910) 2,364,800 484,530
Human Services
Revenues 4,220,533 4,259,194 4,372,640 2,995,807 4,088,970
Expenditures 2,813,399 3,030,334 4,388,440 522,746 4,208,450
Net Revenues Less Expenditures 1,407,133 1,228,861 (15,800) 2,473,061 (119,480)
ShoWare Operating N
Revenues 1,794,223 6,728,636 1,180,000 982,509 1,287,190 N
Expenditures 4,130,620 6,822,931 1,928,620 2,220,682 1,928,620
m
Net Revenues Less Expenditures (2,336,397) (94,295) (748,620) (1,238,173) (641,430)
Impact Fee Fund
a
Revenues 3,152,179 861,560 4,251,960 580,287 980,600 d
Expenditures 3,152,179 861,560 4,251,960 537,112 980,600 };
Net Revenues Less Expenditures - - - 43,176 -
a�
Other Operating E
Revenues 136,681 124,197 110,330 - 110,330 um
Expenditures 130,685 52,640 110,330 53,439 81,020 Q
Net Revenues Less Expenditures 5,996 71,557 - (53,439) 29,310
Page 9 of 14
Packet Pg. 53
September 2024 • nthly Financial Report4.E.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Actual Actual Adj Budget YTD Est Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Debt Service Funds
Councilmanic Debt Service
Revenues 7,907,603 7,383,860 7,401,000 1,943,778 7,126,250 o
0.
Expenditures 8,563,855 8,259,185 7,813,060 1,939,778 7,813,060 W
Net Revenues Less Expenditures (656,252) (875,325) (412,060) 4,000 (686,810) LL
Special Assessment Debt Service
Revenues 720,252 800,037 205,250 233,386 233,390
Expenditures 682,020 695,278 191,810 - 191,810
Net Revenues Less Expenditures 38,232 104,759 13,440 233,386 41,580 '*
N
O
Enterprise Funds
N
L
Water Utility -0
Revenues 27,653,347 33,855,188 34,450,560 25,195,291 35,199,320 E
W
Expenditures 25,713,818 32,054,033 36,223,510 17,796,632 35,447,730 Q.
Net Revenues Less Expenditures 1,939,529 1,801,155 (1,772,950) 7,398,659 (248,410)
Sewer Utility
Revenues 35,612,755 38,684,259 39,180,400 31,345,969 42,200,900 J
z
Expenditures 33,041,535 39,141,008 40,739,160 27,436,843 41,393,300 O
Net Revenues Less Expenditures 2,571,220 (456,749) (1,558,760) 3,909,126 807,600 O
z
Drainage Utility
Revenues 24,634,562 28,535,988 28,547,290 21,063,806 28,950,410 ti
Expenditures 27,537,869 30,375,568 29,122,550 12,989,422 28,362,950
Net Revenues Less Expenditures (2,903,307) (1,839,580) (575,260) 8,074,383 587,460
Solid Waste Utility 00.
Revenues 1,419,785 1,141,925 1,070,560 783,116 1,050,760
Expenditures 1,151,021 1,207,525 1,252,060 850,570 1,163,590
Net Revenues Less Expenditures 268,764 (65,600) (181,500) (67,455) (112,830) u
Golf Complex c
Revenues 3,468,448 3,806,199 3,586,326 3,031,341 3,586,330 -E
Expenditures 2,963,754 3,156,474 3,315,750 2,438,364 3,267,300 v
Net Revenues Less Expenditures 504,694 649,725 270,576 592,977 319, 330 c
N
Internal Service Funds
E
Fleet Services °r
Revenues 8,180,653 10,659,550 7,181,920 5,609,205 7,404,690 m
Expenditures 5,176,283 9,034,285 10,126,620 4,916,316 6,890,800
Net Revenues Less Expenditures 3,004,370 1,625,265 (2,944,700) 692,889 513,890
a�
Central Services E
Revenues 315,714 290,829 378,820 212,011 306,720 U
Expenditures 286,653 305,677 383,640 202,574 298,480 20
Net Revenues Less Expenditures 29,061 (14,849) (4,820) 9,437 8,240 Q
Page 10 of 14
Packet Pg. 54
MonthlySeptember 2024 - . • 4.E.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
2022 2023 2024 2024 2024
Actual Actual Adj Budget YTD Est Actual
Operating revenues and expenditures only; capital and non-capital projects are excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Information Technology
Revenues 11,412,426 12,839,697 12,969,340 9,265,454 13,054,720
Expenditures 11,386,844 12,862,146 12,974,480 9,935,555 12,859,830
0
Net Revenues Less Expenditures 25,582 (22,449) (5,140) (670,101) 194,890 0
Facilities
Revenues 6,271,666 7,044,933 7,347,980 5,207,377 7,511,350 1
Expenditures 7,693,874 7,999,644 9,029,030 4,214,028 8,259,140 c
Net Revenues Less Expenditures (1,422,209) (954,711) (1,681,050) 993,349 (747,790) c
Unemployment
Revenues 117,126 235,670 183,080 163,726 216,800 N
0
Expenditures 119,475 186,230 227,090 172,519 227,090 N
Net Revenues Less Expenditures (2,349) 49,441 (44,010) (8,793) (10,290)
Workers Compensation aEi
Revenues 3,172,019 3,962,162 2,971,000 2,426,322 3,169,070 Q.
Expenditures 2,852,220 2,453,276 3,284,970 1,798,014 3,175,880 m
Net Revenues Less Expenditures 319,800 1,508,885 (313,970) 628,308 (6,810)
J
Employee Health & Wellness Z
O
Revenues 15,793,817 17,039,338 16,777,950 13,126,398 17,441,690 O
Expenditures 14,796,643 15,317,318 16,784,980 12,304,639 16,039,980 U_
Net Revenues Less Expenditures 997,174 1,722,020 (7,030) 821,759 1,401,710 Z
r
Liability Insurance
Revenues 8,677,522 6,691,790 5,826,000 4,803,835 6,260,340
Expenditures 5,626,577 5,015,392 6,008,120 4,446,895 6,008,120 t
Net Revenues Less Expenditures 3,050,944 1,676,398 (182,120) 356,941 252,220 Q.
m
Property Insurance
Revenues 1,171,973 1,456,200 1,456,420 1,109,579 1,473,680
Expenditures 814,057 985,342 1,334,640 1,654,378 1,192,000
Net Revenues Less Expenditures 357,915 470,858 121,780 (544,799) 281,680 E
ii
v
N
Other Fund Revenues Other Fund Expenditures Cl'.
80,000,000 o Special 80,000,000
70,000,000 Revenue 70,000,000 o Special 4)
60,000,000 Funds 60,000,000 Revenue 0
50,000,000 a Enterprise 50,000,000 Funds
40,000,000 Funds 40,000,000 a Enterprise
30,000,000 30,000,000 Funds a�
20,000,000 o Internal 20,000,000 E
10,000,000 Service 10,000,000 o Internal cva
0 0 h. 0 Funds ifib0
2022 2023 2024 2022 2023 Prelim 2024 Service Funds Q
Actuals Prelim Budget Actuals Budget
Page 11 of 14
Packet Pg. 55
September 2024 • nthly Financial Report4.E.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2022 2023 2024
thru September thru September thru September Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Special Revenue Funds
Street Fund o
Revenues 11,460,125 11,105,930 11,643,676 537,746 4.80r
Expenditures 10,965,461 10,099,715 11,305,849 1,206,133 11.90r
Net Revenues Less Expenditures 494,664 1,006,215 337,828
c
LEOFF 1 Retiree Benefits c
Revenues 705,189 647,866 620,895 (26,971) -4.20r u-
Expenditures 1,053,883 716,592 702,496 (14,096) -2.00r N
Net Revenues Less Expenditures (348,694) (68,726) (81,601) N
L
d
Lodging Tax
Revenues 470,697 216,905 211,072 (5,833) -2.70r
Expenditures 187,573 269,789 296,899 27,110 10.00r
Net Revenues Less Expenditures 283,125 (52,884) (85,827) cn
Youth/Teen Programs Z
Revenues 775,007 847,217 869,024 21,807 2.60r O
Expenditures 4,710 4,965 5,063 98 2.00r O
Net Revenues Less Expenditures 770,297 842,252 863,962 Z
Capital Resources r
Revenues 18,363,338 16,941,793 18,803,944 1,862,151 11.0°r
Expenditures 4,968,513 4,672,327 2,940,834 (1,731,493) -37.10r
Net Revenues Less Expenditures 13,394,825 12,269,466 15,863,111 0
Q.
Criminal Justice
Revenues 7,445,473 9,012,314 11,015,664 2,003,350 22.20r
Expenditures 5,761,052 7,511,521 8,650,864 1,139,343 15.20r
Net Revenues Less Expenditures 1,684,421 1,500,793 2,364,800
ii
Human Services v
04
Revenues 3,050,210 3,184,899 2,995,807 (189,092) -5.90r N
Expenditures 125,620 452,257 522,746 70,490 15.60r
Net Revenues Less Expenditures 2,924,590 2,732,642 2,473,061
E
a�
ShoWare Operating a
Revenues - 1,395 982,509 981,114 70338.80r
Expenditures 2,050,958 3,320,126 2,220,682 (1,099,445) -33.10r
Net Revenues Less Expenditures (2,050,958) (3,318,731) (1,238,173)
E
Admissions Tax revenues received quarterly (April, July, September, January)
U
Impact Fee Fund
Revenues 1,526,324 532,908 580,287 47,379 8.90r Q
Expenditures 1,072,394 513,108 537,112 24,003 4.70r
Net Revenues Less Expenditures 453,930 19,800 43,176
Other Operating
Revenues - - - -
Expenditures 120,880 43,970 53,439 9,469 21.50r
Net Revenues Less Expenditures (120,880) (43,970) (53,439)
Combines several small programs, including City Art Program and Neighborhood Matching Grants
Page 12 of 14 1 Packet Pg. 56
September 2024 • nthly Financial Report4.E.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2022 2023 2024
thru September thru September thru September Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Debt Service Funds
Councilmanic Debt Service o
0.
Revenues 2,216,099 2,103,745 1,943,778 (159,967) -7.60r
Expenditures 2,248,758 2,135,912 1,939,778 (196,134) -9.20r
Net Revenues Less Expenditures (32,659) (32,167) 4,000
Debt service payments are generally due in June and December.
Special Assessments Debt Service u_
Revenues 154,693 291,109 233,386 (57,723) -19.80r c
Expenditures 4,898 - - - c�
Net Revenues Less Expenditures 149,796 291,109 233,386
E
Enterprise Funds r
Q.
m
Water Utility
Revenues 20,945,733 24,058,034 25,195,291 1,137,257 4.70r J
Expenditures 11,947,313 16,038,479 17,796,632 1,758,154 11.00r z
Net Revenues Less Expenditures 8,998,420 8,019,555 7,398,659 O
O
Sewer Utility u_
Revenues 27,056,287 29,170,409 31,345,969 2,175,560 7 5°r Z
Expenditures 21,404,558 26,040,547 27,436,843 1,396,296 5.40r
Net Revenues Less Expenditures 5,651,728 3,129,862 3,909,126
Drainage Utility V_
Revenues 18,197,552 19,870,528 21,063,806 1,193,278 6.00r Q.
Expenditures 9,127,956 12,549,296 12,989,422 440,126 3.50r
Net Revenues Less Expenditures 9,069,596 7,321,231 8,074,383
U
Solid Waste Utility
Revenues 946,593 799,726 783,116 (16,611) -2.10r c
Expenditures 864,244 823,727 850,570 26,843 3.30r u_
Net Revenues Less Expenditures 82,349 (24,001) (67,455) c
Golf Complex ci
Revenues 2,647,119 2,816,675 3,031,341 214,666 7.60r .0
Expenditures 2,324,056 2,482,056 2,438,364 (43,691) -1.8°r aEi
Net Revenues Less Expenditures 323,063 334,619 592,977 a
m
Cn
Internal Service Funds
Fleet Services E
E
Revenues 4,507,953 6,188,623 5,609,205 (579,418) -9.40r u
Expenditures 3,730,675 6,426,127 4,916,316 (1,509,811) -23.50r 2
Net Revenues Less Expenditures 777,278 (237,504) 692,889 Q
Central Services
Revenues 222,477 229,071 212,011 (17,060) -7.40r
Expenditures 193,778 217,460 202,574 (14,886) -6.80r
Net Revenues Less Expenditures 28,700 11,611 9,437
Information Technology
Revenues 7,457,707 8,507,690 9,265,454 757,764 8.90r
Expenditures 7,595,590 8,706,708 9,935,555 1,228,847 14.10r
Net Revenues Less Expenditures (137,883) (199,018) (670,101)
Page 13 of 14 1 Packet Pg. 57
September 2024 • - . • 4.E.a
City of Kent, Washington
Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
2022 2023 •
thru September thru September thru September Variance
Operating revenues and expenditures only; capital and non-capital projects are excluded.
Facilities
Revenues 4,209,911 4,663,615 5,207,377 543,762 11.70r
Expenditures 4,033,921 4,721,606 4,214,028 (507,578) -10.8°r 00.
Net Revenues Less Expenditures 175,990 (57,990) 993,349 W
Unemployment 1°
Revenues 116,912 151,065 163,726 12,661 8.40r
Expenditures 80,748 164,271 172,519 8,248 5.00r c
Net Revenues Less Expenditures 36,164 (13,205) (8,793) ii
N
Workers Compensation N
Revenues 1,147,819 1,436,991 2,426,322 989,331 68.80r
Expenditures 1,644,174 1,844,721 1,798,014 (46,707) -2.5°r
Net Revenues Less Expenditures (496,355) (407,729) 628,308 2
Q-
m
Employee Health & Wellness
Revenues 11,344,423 12,534,148 13,126,398 592,250 4.70r J
Expenditures 10,731,959 11,236,516 12,304,639 1,068,123 9.50r z
Net Revenues Less Expenditures 612,464 1,297,632 821,759 O
O
u_
Liability Insurance z
Revenues 2,423,949 3,434,001 4,803,835 1,369,834 39.90r r
Expenditures 3,582,842 3,920,070 4,446,895 526,825 13.40r
Net Revenues Less Expenditures (1,158,893) (486,069) 356,941
Property Insurance 0
CL
Revenues 586,284 716,219 1,109,579 393,360 54.90r G)
Expenditures 1,204,314 1,501,180 1,654,378 153,198 10.20r
Net Revenues Less Expenditures (618,030) (784,961) (544,799)
c
c
ii
Other Fund Revenues thru Other Fund Expenditures thru N
September September NL
90,000,000
80,000,000 - 50,000,000 E
70,000,000 60,000,000 -
40,000,000 m
- �
50,000,000 — 30,000,000 — c
40,000,000
02022 0 2022 E
30,000,000 20,000,000 t
0 2023 02023
20,000,000 10,000,000 +'
10,000,000 LA a 2024_ Q
0 0 -
Special Enterprise Internal Special Enterprise Internal
Revenue Funds Service Funds Revenue Funds Service Funds
Funds Funds
Page 14 of 14 Packet Pg. 58
4.F
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
4^4� Julie Parascondola, CPRE, Director
•
KENT 220 Fourth Avenue South
WASHI NGTON Kent, WA 98032
253-856-5100
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Stewart MacNichols Harmell, Inc. P.S., Amendment #1 -
Authorize
MOTION: I move to authorize the Mayor to sign the First Amendment to
the Agreement for Indigent Defense Services with Stewart MacNichols
Harmell, Inc. P.S., subject to the final terms and conditions acceptable to
the Parks Director and City Attorney.
SUMMARY: The City currently contracts with Stewart MacNichols Harmell, Inc., P.S.
to provide indigent defense services. This contract is managed by the Human
Services Division of the City's Parks, Recreation, and Community Services
Department and expires December 31, 2024. This amendment will extend this
contract for another year, through December 31, 2025, at a cost of $1,291,809.
The Washington Supreme Court has not yet issued a decision regarding proposed
changes to the Court's standards for indigent defense, which may include a reduced
caseload limit and changes to the compensation structure of public defenders. If
these proposed changes are adopted, additional amendments to this contract may
be necessary to accommodate impacts those changes will have on the provision of
indigent defense services.
BUDGET IMPACT: This Amendment's compensation increase is included in the
2025-2026 budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Amendment #1 - Stewart MacNichols Harmell, Inc., P.S. (PDF)
Packet Pg. 59
4.F.a
•
KENT
WASHINGTON W
N_
W
AMENDMENT NO. 1 °x
NAME OF CONSULTANT OR VENDOR: Stewart MacNichols Harmell, Inc. P.S. a
CONTRACT NAME & PROJECT NUMBER: Agreement for Indigent Defense Services;
CAG2023-100
aD
ORIGINAL AGREEMENT DATE: 2/1/2023 a
uS
This Amendment is made between the City and the above-referenced Contractor and a
amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or
Vendor's work is modified as follows:
x
1. Section 2 of the Agreement, entitled "Duration of the Agreement" is hereby modified 0
to read as follows: Z
The term of this Agreement will be from February 1, 2023, through December 31, 2025, unless
extended or terminated earlier in a manner permitted by this Agreement. The parties may, by
mutual assent, agree to an additional one-year extension of this Agreement under the same terms,
with approval to negotiate adjustments based on Cost of Living increases, increases in the C.n
individual salaries of attorneys based upon experience, or substantial increases in caseloads.
oo
Original Time for Completion 12/31/2024
(insert date) a
Revised Time for Completion under N/A
prior Amendments —
(insert date)
Add'I Days Required for this 365 calendar days
Amendment
Revised Time for Completion 12/31/2025
(insert date) 'z
2. Section 27.1 of the Agreement, entitled "Payment for Services" is hereby modified to 3
add the following:
Beginning January 1, 2025, the City shall provide to the Contractor for services rendered under �*
this Agreement the sum of ONE MILLION TWO HUNDRED NINETY ONE THOUSAND EIGHT
HUNDRED AND NINE DOLLARS $1,291,809 per year, payable on a pro rata basis through equal E
monthly payments of $107,651 per month from January 1, 2025, through December 31, 2025.
a
Original Contract Sum, $2,389,930
including applicable WSST
Net Change by Previous Amendments N/A
including applicable WSST r
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AMENDMENT - 1 OF 2 Packet Pg. 60
4.F.a
Current Contract Amount $2,389,930
including all previous amendments
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Current Amendment Sum $1,291,809 p
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Applicable WSST Tax on this $0
Amendment a
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Revised Contract Sum $3,681,739
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The Consultant or Vendor accepts all requirements of this Amendment by signing below, by a
its signature waives any protest or claim it may have regarding this Amendment, and Q
acknowledges and accepts that this Amendment constitutes full payment and final settlement of uS
all claims of any kind or nature arising from or connected with any work either covered or affected a
by this Amendment, including, without limitation, claims related to contract time, contract
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and
warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any), and 0
this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, Z
and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be
deemed to have applied.
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The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract. Cn
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IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below. vi
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CONSULTANT/VENDOR: CITY OF KENT:
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By: By: E
Print Name: Print Name: Dana Ralph N
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Its Its: Mayor Z
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DATE: DATE:
ATTEST: APPROVED AS TO FORM:
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(applicable if Mayor's signature required) to
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Kent City Clerk Kent Law Department
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AMENDMENT - 2 OF 2 Packet Pg. 61
4.G
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
4^4� Julie Parascondola, CPRE, Director
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KENT 220 Fourth Avenue South
WASHI NGTON Kent, WA 98032
253-856-5100
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Agreement with KPG Psomas, Inc. for Interurban Trail at
Naden Avenue Design - Authorize
MOTION: I move to authorize the Mayor to sign the Consultant Services
Agreement with KPG Psomas Inc., subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
SUMMARY: Planning and design for improvements on the Interurban Trail from
Willis Street to Meeker Street have been under way since 2023. KPG Psomas, Inc.,
in conjunction with the Parks Department, has completed work on the 60% design
milestone. This agreement will allow the Parks Department to take the plans to
100% design.
This agreement will also support bidding and construction of the project.
Construction of the trail improvements is planned for 2025.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. KPG Psomas Consultant Services Agreement (PDF)
Packet Pg. 62
4.G.a
KENT
WISH IN c r o n
CONSULTANT SERVICES AGREEMENT '
between the City of Kent and
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KPG Psomas Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and KPG Psomas Inc. organized under the laws of the State of Washington, located and doing -
business at 3131 Elliott Ave., #400, Seattle, WA 98121 (hereinafter the "Consultant").
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I. DESCRIPTION OF WORK.
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The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
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As described in the attached exhibit A, incorporated herein, the consultant shall provide plans,
specifications and engineers cost estimate for 90%, 100% and Bid PSE (Plans, Specifications N
and Estimate). a
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The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the E
time those services are performed. ;v
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II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the o
work described in Section I by December 31, 2025.
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III. COMPENSATION.
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A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$135,853, for the services described in this Agreement. This is the maximum amount to be a
paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and •2
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate in
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing a
rates shall be as delineated in Exhibit A.
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B. The Consultant shall submit monthly payment invoices to the City for work performed, and a ti
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any o
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that a
portion of the invoice not in dispute. In that event, the parties will immediately make every 0
effort to settle the disputed portion. a
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C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an E
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible a
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000) Packet Pg. 63
4.G.a
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- 21
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in In
accordance with Ch. 51.08 RCW, the parties make the following representations:
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A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which the
Consultant's services under this Agreement will be performed. —
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C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City �
retained the Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
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D. The Consultant is responsible for filing as they become due all necessary tax a
documents with appropriate federal and state agencies, including the Internal Revenue 2
Service and the state Department of Revenue. N
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E. The Consultant has registered its business and established an account with the state a-
Department of Revenue and other state agencies as may be required by the Y
Consultant's business, and has obtained a Unified Business Identifier (UBI) number r
from the State of Washington. 3
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F. The Consultant maintains a set of books dedicated to the expenses and earnings of its E
business.
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon o
providing the other party thirty (30) days written notice at its address set forth on the signature block of Go
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If the
City's use of the Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
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VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure a
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent in
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal N
protective equipment requirements that may be required under federal, state, or local law in response to c
the current pandemic. v
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If any future performance is prevented or delayed by a force majeure event, the party whose o
performance is prevented or delayed shall promptly notify the other party of the existence and nature of a
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be c9
effective only to the extent and duration of the force majeure event causing the prevention or delay in Y
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
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Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any a
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000) Packet Pg. 64
4.G.a
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the >
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
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VII. DISCRIMINATION. In the hiring of employees for the performance of work under this -
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national c
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who IOU
is qualified and available to perform the work to which the employment relates. The Consultant shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2. —
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VIII. INDEMNIFICATION. The Consultant shall defend, indemnify and hold the City, its officers, a
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's N
performance of this Agreement, except for that portion of the injuries and damages caused by the City's a
negligence. a
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The City's inspection or acceptance of any of the Consultant's work when completed shall not be r
grounds to avoid any of these covenants of indemnification. 3
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Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, E
then, in the event of liability for damages arising out of bodily injury to persons or damages to property Iv
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, Q
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, o
and the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's W
negligence.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Q
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In the event the Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court N
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
the Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal N
on the Consultant's part. c
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The provisions of this section shall survive the expiration or termination of this Agreement. M
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IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, a
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. L9
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X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement. E
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XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, a
designs, reports, or any other records developed or created under this Agreement shall belong to and
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000) Packet Pg. 65
4.G.a
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The
City's use or reuse of any of the documents, data, and files created by the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the Q
Consultant.
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XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor z
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of -
inspection to secure satisfactory completion. f°
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XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work. ,°
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XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its a
contractors and consultants to use recycled and recyclable products whenever practicable. A price a
preference may be available for any designated recycled product. Y
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the 3
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those E
covenants, agreements or options, and the same shall be and remain in full force and effect. ;v
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and o
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or a
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement. .2
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or N
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this c
Agreement or such other address as may be hereafter specified in writing. v
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E. Assignment. Any assignment of this Agreement by either party without the written consent o
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, a
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made c9
without additional written consent. a
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement Z,
shall be binding unless in writing and signed by a duly authorized representative of the City and the E
Consultant.
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CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000) Packet Pg. 66
4.G.a
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
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H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, c
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may 2
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, N
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Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the o
Kent City Code. N
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CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000) Packet Pg. 67
4.G.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
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IN WITNESS, the parties below execute this Agreement, which shall become effective on Q
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the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed z
to have applied.
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CONSULTANT: CITY OF KENT: c
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By: By:
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Print Name: Print Name: Dana Ralph
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Its Its Mayor
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DATE: DATE: a
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 3
CONSULTANT: CITY OF KENT:
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Liz Gibson Bryan Higgins
KPG Psomas Inc. City of Kent Q
3131 Elliott Ave., Suite 400 220 Fourth Avenue South o
Seattle, WA 98121 Kent, WA 98032 °r°
(206) 354-6569 (telephone) (253) 856-5112 (telephone) c
Liz.gibson@psomas.com (email) bhiggins@kentwa.gov (email) E
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APPROVED AS TO FORM: Q
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Kent Law Department
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ATTEST: N
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[In this field,you may enter the electronic filepath where the contract has been saved] d
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CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000) Packet Pg. 68
4.G.a
DECLARATION
IF
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal Q
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal z
employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs ,o
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil a
Rights Act Of 1964);
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement a
of Title VI of the Civil Rights Act of 1964). Y
• Ch. 49.60 RCW (Washington Law Against Discrimination) 3
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and �
Regulations". Q
The following statements specifically identify the requirements the City deems necessary for any o
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, it will be considered a breach of contract and it will be at the City's sole determination
regarding suspension or termination for all or part of the Agreement. a
The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2.
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, N
race, color, national origin, age, or the presence of all sensory, mental or physical disability. c
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3. During the time of this Agreement I, the prime contractor, will provide a written statement E
to all new employees and subcontractors indicating commitment as an equal opportunity o
employer. a
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and Y
promotion of women and minorities.
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5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows: a
EEO COMPLIANCE DOCUMENTS - 1
Packet Pg. 69
4.G.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference Q
and made a part of this contract.
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B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including 2
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21.
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C. Solicitations for Subcontracts, Including Procurements of Materials and a
Equipment: In all solicitations, either by competitive bidding, or negotiation made o
by the contractor for work to be performed under a subcontract, including a
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 Y
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin. 3
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D. Information and Reports: The contractor will provide all information and reports E
required by the Acts and Regulations and directives issued pursuant thereto and will ;v
permit access to its books, records, accounts, other sources of information, and its Q
facilities as may be determined applicable to contractor's contract by the City or the o
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Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the E
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information. a
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract N
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the U
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part. E
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F. Incorporation of Provisions: The contractor will include the provisions of a
paragraphs (A) through (F) above in every subcontract, including procurements of Y
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to E
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including a
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2
Packet Pg. 70
4.G.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States. �+
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and Q
authorities; including but not limited to:
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Pertinent Non-Discrimination Authorities: —
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21. ;
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ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, L
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose '0
property has been acquired because of Federal or Federal-aid programs and
projects); 0
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination a
on the basis of sex); a
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iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, Y
(prohibits discrimination on the basis of disability); and 49 CFR Part 27; 3
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age); a
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as Q
amended, (prohibits discrimination based on race, creed, color, national origin, or o
sex); 00
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age E
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the a
programs or activities of the Federal-aid recipients, sub-recipients and contractors, a
whether such programs or activities are Federally funded or not);
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viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
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transportation systems, places of public accommodation, and certain testing entities 5
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation c
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) E
(prohibits discrimination on the basis of race, color, national origin, and sex);
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X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 0
Populations and Low-Income Populations, which ensures Non-discrimination against Y
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on E
minority and low-income populations;
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EEO COMPLIANCE DOCUMENTS - 3
Packet Pg. 71
4.G.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons '
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
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xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from a'
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq). z
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
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By signing below, I agree to fulfill the five requirements referenced above.
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EEO COMPLIANCE DOCUMENTS - 4
Packet Pg. 72
4.G.a
CITY OF KENT
ADMINISTRATIVE POLICY
IF
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor
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POLICY: a�
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Equal employment opportunity and non-discrimination in contracting requirements for the City of Jq
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and a
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must U)
take the following affirmative steps: a
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1. Provide a written statement to all new employees and subcontractors indicating r
commitment as an equal opportunity employer. 3
2. Actively consider for promotion and advancement available minorities and women. E
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the Q
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination o
Policy Declaration, prior to commencing performance. Go
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract E
and subject to suspension or termination for all or part of the Agreement.
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments. N
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity n
policy. 0
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. E
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EEO COMPLIANCE DOCUMENTS - 5
Packet Pg. 73
Exhibit A
City of Kent
Parks, Recreation and Community Services
Naden Ave Interurban Trail Improvements
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Exhibit A—Supplemental Scope of Work
November 5, 2024 >
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Project Description and Background
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The City of Kent Parks, Recreation and Community Services (Parks) is requesting final design services for f°
illumination, landscape architecture, relocated pedestrian crossing signalization (RRFB) and trail design for
the existing Interurban Trail segment between Willis Ave and Meeker Street. Design through 60% and
Permitting has been completed.
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This supplemental scope will provide plans, specifications and engineers cost estimate for 90%, 100% and
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Bid PSE (Plans, Specifications and Estimate). o
The following tasks are identified for Final Design associated with the Naden Ave Trail Improvements: a
2
o Provide coordination and support for Kent Meeker Street project as it relates to the N
Interurban Trail road crossing. a-
o Provide support for coordination with PSE for substation redevelopment, including a Y
response to permit submittal and construction advertisement.
o Develop 90%, 100% and Bid design plans, specifications, and construction estimate, for 3
construction and advertisement, including the following:
■ Trail Improvement Plans (grading, trail profile, pavement sections, E
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layout/stationing), site elements detailing(benches, trash cans, bike racks, L
wayfinding signage) and pavement treatments.
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■ Trail plaza connection at Meeker and Future Naden intersection, the southeast
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and northeast corners.The northeast corner will show a basic connection to the 00
existing trail from the proposed curb return and ADA access ramps, to provide
for future park improvements to the north.The southeast corner will include a
new RRFB signal infrastructure for the trail crossing, and an additional temporary E
connection for PSE trucks (to protect the corner improvements) until the
remainder of Naden Ave is built. a'
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■ Pedestrian-scale lighting for the trail with light bollards and pedestrian pole
lighting at the trail plaza connection and finalized illumination report.
■ Storm water plans, including sizing facilities to accommodate the PSE substation cn
improvements.
■ Formalized maintenance access for PSE sub-station, utilizing paved shared-use
trail and coordination with PSE for access. '
■ Revegetation plans, provide for rehabilitated grass and planting areas along the v
trail and around the trail node.
■ Temporary irrigation plans E
o Provide for coordination and adjustments for the Meet Me on Meeker design. 0
o Provide for coordination with the future Naden Ave design team. a
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ASSUMPTIONS
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• The scope of this work is through final design and construction to be completed end of October E
2025
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Page 1 1 Naden Ave Interurban Trail Improvements— Final Design KPG Psomas
Packet Pg. 74
4.G.a
City of Kent
Parks, Recreation and Community Services
Naden Ave Interurban Trail Improvements
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• The trail will remain 10' width, per agreement between King County and PSE, with 2' shoulders
each side (total of 14' width) and in relatively the same location as existing.
• Coordination with KC Parks as needed, will be provided by City Q
• Services will be performed in accordance with the WSDOT Construction Manual, King County Road
and Signal Standards, the City of Kent standard plans, specifications and contract documents c°
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(Contract Documents) as applicable, and Manual of Urban Traffic Control Devices (MUTCD).
• City / Meeker Design Team will provide design and contract documents for the Meeker/Naden
intersection, including crosswalk striping for all legs of the intersection, and conduit running north-
south for the RRFB electrical wiring. KPG Psomas design will include the curb improvements for the
southeast and northeast corner, based on design parameters (elevations and sections) provided
by the City. City will provide electronic drawings (CAD) for use and incorporation into the Naden +;
Trail Improvements. _
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• City will coordinate closing down and removal of the existing RRFB crossing and flashing light, east
of the new Meeker/Naden intersection, and the activation of the new RRFB. <
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• The City's Meeker St design group will be providing design for the intersection curb elevation, 2
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section and location, to be incorporated into Trail Improvement plan set. The City will provide Cn
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roadway illumination analysis for Meeker Street RRFB crossing and intersection with Naden. O
• Stormwater facilities are to include treatment for stormwater runoff from the existing PSE Y
substation, currently under design for improvements.
• The work is being performed in the PSE ROW trail easement,so will require continued coordination 3
and approval/review from PSE.
• Final bid construction package will be incorporated in with PSE's improvements for the substation.
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• Wayfinding Signage will be included, standards to be provided by the City. M
• Public involvement or outreach materials will not be required. a
• At the end of the project, documents will be submitted to the City for records, in the format they 0
were created in, i.e. InDesign,Word and Excel for cost estimates. Project deliverables will be in PDF
and AutoCAD Civil 3D format r
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• The Consultant will set up and maintain the project Alp site for the project team.
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PROVIDED BY KPG PSOMAS Q
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• 90%, 100% pre-bid and Bid Ad ready PSE
• Additional Coordination with PSE and City Meeker Design Team
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• See deliverables lists for individual Tasks
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PROVIDED BY THE CITY
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The City will provide or obtain the following items: v
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• Review of permitting, 90%, 100% pre-bid and Bid Ad ready design submittal
• Any additional information on upcoming development along the trail and Naden Ave, including 0
access to the development(Public Works) a
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• Coordination with the City design team and design information for Meet Me on Meeker Y
improvements
• Coordination with PSE design team to address permit comments, review and construction E
packaging.
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Page 12 Naden Ave Interurban Trail Improvements— Final Design KPG Psomas
Packet Pg. 75
4.G.a
City of Kent
Parks, Recreation and Community Services
Naden Ave Interurban Trail Improvements
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• Current plans for the new Naden Ave project, including right-in-right-out. Coordination with design
consultant.
• Infiltration testing and geotechnical recommendations for stormwater LID facilities (Geotechnical Q
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report has been provided by Puget Sound Energy) if required.
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TASK 1 - MANAGEMENT/ADMINISTRATION/COORDINATION
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Task 1 Objective: Management of project team throughout the duration of the project, coordination with,
City Parks Department, Public Works, internal project team,development of invoices and project schedule.
Consultant will attend up to (6) meetings with City Staff and (4) PSE for project review (over approx. 18- L
month period), discussion of design and coordination, either in person or teleconferencing as necessary-
for review as required for the design.The Consultant will also assist with coordination for PSE and Olympic L
Pipeline as necessary.
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Task 1 Work Elements:
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1.1. Project Management (approx. 12 months) a
1.2. Monthly Progress Reports and Invoicing a
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1.3. Project Coordination Meetings (up to (6) with City Parks Department and (4) City/Meeker
Coordination) 3
1.4. PSE Coordination Meetings and Submittals (Including 6 Coordination Meetings)
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Task 1 Deliverables: L
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• Monthly progress reports including invoices, emailed.
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• Meeting agendas and minutes,including summary of decisions made/needed resulting from design 00
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coordination meeting.
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Task 1 Assumptions:
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• The Consultant will provide timely and immediate notification of any work items or project i
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developments constituting a change to the written scope of work and fee budget estimate and Q
schedule.
• This work assumes ongoing coordination with PSE through Construction
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• The work of this task is estimated to be up to 18-months including Construction Assistance.
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TASK 2—90% PSE
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Task 2 Objective: Consultant shall provide 90% design including plans, specifications and estimate (PS&E) y
for the bicycle/pedestrian pathway, stormwater/biofiltration plans, trail plaza space, site elements,
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pedestrian scale lighting, RRFB and planting design.90%design will include response and required updates �°,
to Permitting Review. a
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It is anticipated that the final design drawings will include the following: Y
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o Cover Sheet E
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o Drawing Index and Abbreviations Sheet
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Page 13 Naden Ave Interurban Trail Improvements— Final Design KPG Psomas
Packet Pg. 76
4.G.a
City of Kent
Parks, Recreation and Community Services
Naden Ave Interurban Trail Improvements
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o Existing Conditions &Survey Plan
o Site Prep and TESC Plan, Notes and Detail Sheets
o Trail Design/Grading Plan and Detail Sheets Q
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o Trail Plaza Plan and Details
o Stormwater Plans and Details
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o Trail Illumination Plans, Schedule and Detail Sheets a
o RRFB Infrastructure for Meeker Crossing Plan and Detail sheets
o Planting Plan, Schedule and Detail Sheets
o Temporary Irrigation Plan and Details
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Task 2 90% Design PSE: '
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2.1. Provide 90%Civil and Trail Plaza Plans and Details Lo
2.2. Provide 90%Stormwater/Biofiltration Plans and Details, and Final TIR N
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2.3. Provide 90% Landscape/Temporary Irrigation Plans and Details
2.4. Provide 90% Illumination/RRFB Plans and Details a
2.5. Provide 90% QA/QC
2.6. Prepare 90% Construction Cost Estimate, Contract Specification documents, Bid Tab and Special Y
Provisions in WSDOT format
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Task 2 Deliverables:
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• 90%coordination and review deliverables include: cost estimate, specifications and
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drawing set.
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• Final Illumination Memo ••
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Task 2 Assumptions:
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• Turnaround time for the City comments will be three (3) weeks for 90%
• The City will assist in finalizing Division 01 and General Conditions.
• Project management is part of Task 1. a
TASK 3—FINAL DESIGN PS&E— BID DOCUMENTS
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Task 3 Objective: Consultant shall provide Draft Bid and Bid Ready for advertisement, including plans, N
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specifications and estimate (PS&E) based on the 90% PSE submittal for the bicycle/pedestrian pathway,
stormwater/biofiltration plans,trail plaza space,site elements, pedestrian scale lighting, RRFB and planting N
design. Consultant shall update plans, specifications and cost estimate in response to City Review c
comments from 90%and Draft Bid, and coordination with PSE for formatting and inclusion in bid package. N
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Support during Bidding:The Consultant will support PSE/the City during project construction advertisement ,°n
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and award. This work may include assisting PSE/the City with responses to bidder questions and
preparation of up to two (2) addenda. Y
Task 3 Work Elements:
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3.1. Provide Draft Bid Plans and Details
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Page 14 Naden Ave Interurban Trail Improvements— Final Design KPG Psomas
Packet Pg. 77
4.G.a
City of Kent
Parks, Recreation and Community Services
Naden Ave Interurban Trail Improvements
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3.2. Provide Draft Bid Specs and Cost Estimate
3.3. Provide QA/QC
3.4. Provide Bid Ad Ready Plans, Specifications and Estimate Q
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3.5. Support During Bidding
Task 3 Deliverables: Z
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• Draft Bid Document Package for final City review in digital pdf format f°
• Stamped, signed bid-ready drawings and specifications labeled 'For Construction' in digital
pdf format, to be included in PSE Construction documents.
• Bid Item Cost Estimate 'L
• Bid Addenda (PDF format) and response to bidder questions. c
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Task 3 Assumptions: N
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• Turnaround time for the City comments will be two (2) weeks for Draft Bid documents.
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• The City will coordinate logistics with PSE for the combined packaging for the construction a
documents, the Consultant will provide as requested, bid documents formatted for a
inclusion in the bid package. Y
• PSE will finalize Division 01 and General Conditions.
• Project management is part of Task 1. 3
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TASK 4—CONSTRUCTION SUPPORT
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Task 4 Objective: Consultant shall provide construction support as directed by the City Parks Department, Q
through completion of the Naden Interurban Trail Improvements construction, including paving, storm
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drainage, illumination, RRFB, plaza elements, and landscaping. Response and support will be for RFI's,shop
drawings, RAM's and other site construction questions as required
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Task 4 Work Elements:
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4.1. Review and respond to RFI's, shop drawings, RAM's and other site construction questions as a
required,for the plaza paving/site elements, illumination, RRFB, bioretention areas, landscape and m
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irrigation, and other related site elements.
4.2. Attend site review meetings (up to 3 review meetings), final punch list review in
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Task 4 Deliverables:
• Review and response to RFI's, RAM's and other submittals, as provided by the City.
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• Site review inspections (3 total) v
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Task 4 Assumptions: E
• Construction workdays are assumed to be approx. 80 days. (3 months). a
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• Construction contracts will be administered by PSE and City a
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• KPG Psomas is limited to supporting the City's Park Department through construction
• On-site meetings may be required for review of paving, planting and irrigation.
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Page 15 Naden Ave Interurban Trail Improvements— Final Design KPG Psomas
Packet Pg. 78
4.G.a
City of Kent
Parks, Recreation and Community Services
Naden Ave Interurban Trail Improvements
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• PSE and the City will provide construction documentation and track submittals, RFI's, ROM's and
other items requiring response or approval.
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Other Services
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The City may require other services of the Consultant.These Services could include other work tasks not a
included in the scope of work, such as Survey, Geotechnical or facilitation of Public Involvement.
The scope of these services will be determined at the sole discretion of the City. At the time these
services are required, the Consultant shall provide a detailed scope of work and estimate of costs.The
Consultant shall not proceed with the work until the City has authorized the work and issued a notice to
proceed. E
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Page 16 Naden Ave Interurban Trail Improvements— Final Design KPG Psomas
Packet Pg. 79
4.G.a
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4.G.a
Exhibit B
Insurance Requirements
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Insurance Q
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Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from z
or in connection with the performance of the work hereunder by the Consultant,
their agents, representatives, employees, or subcontractors.
A. Minimum Scope of Insurance
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Consultant shall obtain insurance of the types described below:
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Commercial General Liability insurance shall be written on Insurance Services N0
Office (ISO) occurrence form CG 00 01 and shall cover liability arising from a
premises, operations, independent contractors, products-completed N
operations, personal injury and advertising injury, and liability assumed a
under an insured contract. The Commercial General Liability insurance shall a
be endorsed to provide the Aggregate Per Project Endorsement ISO form CG Y
25 03 11 85. The City shall be named as an insured under the Consultant's 3
Commercial General Liability insurance policy with respect to the work �.
performed for the City using ISO additional insured endorsement CG 20 10
11 85 or a substitute endorsement providing equivalent coverage. If a
general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be a
twice the required occurrence limit. Go
Consultant may use Umbrella or Excess Policies to provide the liability limits
as required in this Agreement. This form of insurance will be acceptable if all
the Primary and Umbrella or Excess Policies shall provide all the insurance
coverages herein required. The Umbrella or Excess policies shall be provided
on a true "following form" or broader coverage basis, with coverage at least N
as broad as provided on the underlying Commercial General Liability
insurance.
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Automobile Liability insurance providing bodily injury and property damage
liability coverage for all automobiles/vehicles used in the performance of this
Agreement. This coverage must be on a primary and non-contributory basis c
only. Coverage shall be written on ISO form CA 00 01, or a substitute form U
providing equivalent liability coverage. If necessary, the policy shall be E
endorsed to provide contractual liability coverage. o
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Professional Liability or Errors & Omissions insurance appropriate to the
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Consultant's profession. Y
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Packet Pg. 81
4.G.a
Workers' Compensation coverage for the employees of Consultant and
subcontractors as required by the Industrial Insurance laws of the State of
Washington.
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B. Minimum Amounts of Insurance
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Consultant shall maintain the following insurance limits: Z
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Commercial General Liability insurance shall be written with limits no less
than $2,000,000 per occurrence, $2,000,000 general aggregate, and
$2,000,000 products-completed operations aggregate limit.
Primary Non-Contributory Additional Insured coverage for the City of Kent,
et. al.
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 0
Waiver of Subrogation N
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Automobile Liability insurance with a minimum combined single limit for N
bodily injury and property damage of $1,000,000 per occurrence. a
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Professional Liability or Errors & Omissions insurance shall be written with Y
limits no less than $1,000,000 per occurrence. 3
If the Consultant maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and Q
coverage shall be available to the City. The above policy limits may be obtainedGo
with excess liability (umbrella) insurance.
C. Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the following a
provisions:
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1. Consultant's insurance coverage shall be primary insurance with
respect to the City. Any insurance, self-insurance, or insurance pool N
coverage maintained by the City shall be in excess of the Consultant's
insurance policies and shall not contribute to the Consultant's
insurance policies. c
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2. Consultant's insurer must deliver or mail written notice of cancellation a
to the named insured at least forty-five (45) days before the effective o
date of the cancellation. The Consultant's insurance policy shall a
include an endorsement that provides the City with written notice of
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cancellation forty-five (45) days before the effective date of the Y
cancellation. If Consultant's insurer fails to provide the City with a
copy of the notice of cancellation endorsement, the Consultant must E
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Packet Pg. 82
4.G.a
notify the City of any cancellation, nonrenewal or termination within
two (2) business days of their receipt of such notice.
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3. The City of Kent shall be named as an additional insured on all policies Q
(except Professional Liability) with respect to work performed by or on
behalf of the Consultant and a copy of the endorsement naming the
City as an additional insured shall be attached to the Certificate of Z
Insurance. The City reserves the right to receive a certified copy of all
required insurance policies. The Consultant's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claims are made
or suit is brought, except with respect to the limits of the insurer's
liability.
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D. Acceptability of Insurers N
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Insurance is to be placed with insurers with a current A.M. Best rating of not less N
than A:VII. a
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E. Verification of Coverage Y
Consultant shall furnish the City with original certificates and a copy of the 3
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. The City waives no rights, and the Consultant
is not excused from performance if Consultant fails to provide the City with a copy a
of the endorsement naming the City as a Primary Non-Contributory Additional
Insured.
F. Subcontractors
as
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Consultant shall include all subcontractors as insureds under its policies or shall a
furnish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors shall be subject to all the same insurance requirements
as stated herein for the Consultant.
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Packet Pg. 83
4.G.a
Exhibit B
Insurance Requirements
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Insurance Q
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Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from z
or in connection with the performance of the work hereunder by the Consultant,
their agents, representatives, employees, or subcontractors.
A. Minimum Scope of Insurance
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Consultant shall obtain insurance of the types described below:
L
Commercial General Liability insurance shall be written on Insurance Services N0
Office (ISO) occurrence form CG 00 01 and shall cover liability arising from a
premises, operations, independent contractors, products-completed N
operations, personal injury and advertising injury, and liability assumed a
under an insured contract. The Commercial General Liability insurance shall a
be endorsed to provide the Aggregate Per Project Endorsement ISO form CG Y
25 03 11 85. The City shall be named as an insured under the Consultant's 3
Commercial General Liability insurance policy with respect to the work �.
performed for the City using ISO additional insured endorsement CG 20 10
11 85 or a substitute endorsement providing equivalent coverage. If a
general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be a
twice the required occurrence limit. Go
Consultant may use Umbrella or Excess Policies to provide the liability limits
as required in this Agreement. This form of insurance will be acceptable if all
the Primary and Umbrella or Excess Policies shall provide all the insurance
coverages herein required. The Umbrella or Excess policies shall be provided
on a true "following form" or broader coverage basis, with coverage at least N
as broad as provided on the underlying Commercial General Liability
insurance.
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Automobile Liability insurance providing bodily injury and property damage
liability coverage for all automobiles/vehicles used in the performance of this
Agreement. This coverage must be on a primary and non-contributory basis c
only. Coverage shall be written on ISO form CA 00 01, or a substitute form U
providing equivalent liability coverage. If necessary, the policy shall be E
endorsed to provide contractual liability coverage. o
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Professional Liability or Errors & Omissions insurance appropriate to the
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Consultant's profession. Y
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Packet Pg. 84
4.G.a
Workers' Compensation coverage for the employees of Consultant and
subcontractors as required by the Industrial Insurance laws of the State of
Washington.
as
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B. Minimum Amounts of Insurance
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Consultant shall maintain the following insurance limits: Z
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Commercial General Liability insurance shall be written with limits no less
than $2,000,000 per occurrence, $2,000,000 general aggregate, and
$2,000,000 products-completed operations aggregate limit.
Primary Non-Contributory Additional Insured coverage for the City of Kent,
et. al.
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 0
Waiver of Subrogation N
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Automobile Liability insurance with a minimum combined single limit for N
bodily injury and property damage of $1,000,000 per occurrence. a
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Professional Liability or Errors & Omissions insurance shall be written with Y
limits no less than $1,000,000 per occurrence. 3
If the Consultant maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and Q
coverage shall be available to the City. The above policy limits may be obtainedGo
with excess liability (umbrella) insurance.
C. Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the following a
provisions:
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1. Consultant's insurance coverage shall be primary insurance with
respect to the City. Any insurance, self-insurance, or insurance pool N
coverage maintained by the City shall be in excess of the Consultant's
insurance policies and shall not contribute to the Consultant's
insurance policies. c
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2. Consultant's insurer must deliver or mail written notice of cancellation a
to the named insured at least forty-five (45) days before the effective o
date of the cancellation. The Consultant's insurance policy shall a
include an endorsement that provides the City with written notice of
a
cancellation forty-five (45) days before the effective date of the Y
cancellation. If Consultant's insurer fails to provide the City with a
copy of the notice of cancellation endorsement, the Consultant must E
a
Packet Pg. 85
4.G.a
notify the City of any cancellation, nonrenewal or termination within
two (2) business days of their receipt of such notice.
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3. The City of Kent shall be named as an additional insured on all policies Q
(except Professional Liability) with respect to work performed by or on
behalf of the Consultant and a copy of the endorsement naming the
City as an additional insured shall be attached to the Certificate of Z
Insurance. The City reserves the right to receive a certified copy of all
required insurance policies. The Consultant's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claims are made
or suit is brought, except with respect to the limits of the insurer's
liability.
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D. Acceptability of Insurers N
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Insurance is to be placed with insurers with a current A.M. Best rating of not less N
than A:VII. a
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E. Verification of Coverage Y
Consultant shall furnish the City with original certificates and a copy of the 3
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. The City waives no rights, and the Consultant
is not excused from performance if Consultant fails to provide the City with a copy a
of the endorsement naming the City as a Primary Non-Contributory Additional
Insured.
F. Subcontractors
as
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Consultant shall include all subcontractors as insureds under its policies or shall a
furnish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors shall be subject to all the same insurance requirements
as stated herein for the Consultant.
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Packet Pg. 86
4.H
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Accept funds from the Washington State Department of
Transportation for the Highway Traffic Safety Improvement
Program, Pacific Hwy S. (SR 99) Pedestrian Crossing Safety
Improvement Project - Authorize
MOTION: I move to accept grant funds in the amount of $1,163,000 from
the Washington State Department of Transportation for the Highway
Traffic Safety Improvement Program, Pacific Hwy South (SR 99)
Pedestrian Crossing Safety improvement project, amend the budget,
authorize the expenditure of funds, and authorize the Mayor to sign all
necessary agreements and other documents, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: The Washington State Department of Transportation (WSDOT) issues a
call for safety projects every two years, with funds available through the Highway
Safety Improvement Program (HSIP). In March of 2024, the City applied to WSDOT
for an HSIP grant. Accompanying the application was the City's Local Road Safety
Plan which was presented in Council Workshop on January 16, 2024. From the
projects listed in the Local Road Safety Plan, WSDOT selected the Pacific Highway
South (SR 99) Pedestrian Crossing Safety Improvements Project ("Project") in
October 2024.
The Project will install pedestrian crossing improvements, including a pedestrian
hybrid beacon and median refuge island on SR 99 between South 244th Street and
South 246th Street. The Project is eligible for 100% HSIP funding if obligated prior
to April 20, 2027. The WSDOT Local Agency Agreement is attached.
BUDGET IMPACT: Grant funds would be used to construct the project. If project
costs exceed the maximum allowable grant, Street Fund monies would be spent to
complete the project.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 87
4.H
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Draft Local Agency Agreement (PDF)
2. HSIP City Award Federal Kent (PDF)
Packet Pg. 88
4.H.a
Aft
CAWashington State
iDepartment of Transportation Local Agency Agreement
Agency City of Kent CFDA No.20.205-Highway Planning and Construction
(Catalog of Federal Domestic Assistance)
Address 220 Fourth Ave S aM
Kent, WA 98032 Project No.
m
Agreement No. r
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For WSDOT Use Only J°
The Local Agency having complied, or hereby agreeing to comply,with the terms and conditions set forth in (1)Title 23, U.S. Code o
Highways, (2)the regulations issued pursuant thereto, (3)2 CFR Part 200, (4)2 CFR Part 180—certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5)the policies and procedures promulgated by the 0
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Washington State Department of Transportation, and (6)the federal aid project agreement entered into between the State and Federal
Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to M
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount c
shown herein on line r, column 3,without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. m
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Project Description 1`
Name Pacific Hwy S(SR 99)Pedestrian Crossing Safety Improvements Length NA m
Termini Between S 244 St and S 246th St m
-W
Description of Work -
Install pedestrian crossing improvements including pedestrian hybrid beacons(PHB), and median refuge island. c
0
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Project Agreement End Date Claiming Indirect Cost Rate f°
Proposed Advertisement Date [:]Yes ❑No •r
Estimate of Fundina E
(1) (2) (3) o
Type of Work Estimated Total Estimated Agency Estimated Federal y
Project Funds Funds Funds c
PE a.A enc 0
b.Other m
Federal Aid c. Other 0
Participation
d.State Services a
Ratio for PE
e.Total PE Cost Estimate a+b+c+d 0.00 0.00 0.00 00
Right of Way f.Aclency
.Other
Federal Aid
Participation h.Other
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Ratio for RW i.State Services 0)
'.Total RM Cost Estimate f+ +h+i 0.00 0.00 0.00
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Construction
k.Contract c,
1.Other
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m.Other Q
Federal Aid n.Other
Participation 0
Ratio for CN o.A enc $
p. State Services 0
q.Total CN Cost Estimate k+l+m+n+o+ 0.00 0.00 0.00 p`
r.Total Pro'ect Cost Estimate a+4+ 0.00 1 0.00 1 0.00 r
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Agency Official Washington State Department of Transportation
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By By
Title Director, Local Programs Q
Agency Date Date Executed
DOT Form 140-039 Packet Pg. 89
Revised 04/2022
4.H.a
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A-Advance Payment-Agency Share of total construction cost (based on contract award) 3
Method B - Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in
the amount of
x
$ at $ per month for months.
Local Force or Local Ad and Award
Method C -Agency cost incurred with partial reimbursement ,°
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and o
procedures, and as a condition to payment of the federal funds obligated, it accepts and will
comply with the applicable provisions set forth below.Adopted by official action on 0
Resolution/Ordinance No.
Provisions F-
4-
I. Scope of Work 0
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The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set
forth in detail in the"Project Description"and "Type of Work." E
When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the M
services described and indicated in "Type of Work"on the face of this agreement, in accordance with plans and specifications as Q
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency,the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
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II. Delegation of Authority o
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees c
that the State shall have the full authority to carry out this administration.The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and a)
awards the project,the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration E
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Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the 'L-
Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On -a
Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans, specifications, and federal aid requirements.The salary of such engineer or other supervisor and all other salaries —0-
and costs incurred by State forces upon the project will be considered a cost thereof.All costs related to this project incurred by 0)
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. U
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IV.Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance °r°
with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than E
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V.Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing c
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by the State for each classification.The classifications of work for projects are: Q
1. Preliminary engineering.
2. Right of way acquisition. U
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3. Project construction. —J
Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the m
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close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX).
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If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year Q
following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal
DOT Form 140-039 Packet Pg. 90
Revised 04/2022
4.H.a
funds paid to the Agency under the terms of this agreement(see Section IX).
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated 3
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damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete 0
the contract within the contract time. _
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VI. Payment and Partial Reimbursement
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The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency ,o
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part c
200.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as c
a promise by the State as to the amount or nature of federal participation in this project. a
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.The agency r_
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation c
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200- Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment,the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to Q.
this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see p
Section IX).
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1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement. c
Method A—The Agency will place with the State,within (20)days after the execution of the construction contract, an advance in the
amount of the Agency's share of the total construction cost based on the contract award.The State will notify the Agency of the exact S
amount to be deposited with the State.The State will pay all costs incurred under the contract upon presentation of progress billings U)
from the contractor. Following such payments,the State will submit a billing to the Federal Government for the federal aid participation
share of the cost.When the project is substantially completed and final actual costs of the project can be determined, the State will t
present the Agency with a final billing showing the amount due the State or the amount due the Agency.This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency. o
Method B—The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact -a
amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its a
participating portion of such billings.
Method C—The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once U
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per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be 00
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement.At the time of audit,the Agency will provide documentation of all costs incurred on the project.The State shall bill the E
Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the y
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation see Section IX). L
9 Y p J q Y 9� P P ( �
VII.Audit of Federal Consultant Contracts Q
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible
federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to the State and the Federal
Government. Q
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
U
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual J
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and
FHWA; and 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
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reimburse the State for the amount of such overpayment or excess participation (see Section IX).
Vill. Single Audit Act E
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The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources Q
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted
DOT Form 140-039 Packet Pg. 91
Revised 04/2022
4.H.a
promptly to the State.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to t
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
a�
otherwise directed by the Director, Local Programs. m
Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309).
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Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior ,o
to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they c
become ineligible for federal reimbursement.
X.Traffic Control, Signing, Marking, and Roadway Maintenance
0
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project ,CL
without prior approval of the State and Federal Highway Administration.The Agency will not install or permit to be installed any signs,
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signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD.The Agency
will, at its own expense, maintain the improvement covered by this agreement. 0
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XI. Indemnity
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The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense E
V_
all claims, demands, or suits,whether at law or equity brought against the Agency, State, or Federal Government, arising from the M
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Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract �
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, m
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to 2.
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
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XII. Nondiscrimination Provision 0
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- N
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Agency f°
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements.The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms o
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification a
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with w
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, Q
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. 00
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local +,
Government,the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government y
which does not participate in work on or under the contract. m
The Agency also agrees:
(1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal Q
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2)To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
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(3)To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction o
contracts pursuant to the Executive Order. _J
(4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the o
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the
following actions:
(a)Cancel,terminate, or suspend this agreement in whole or in part; r
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal Q
occurred until satisfactory assurance of future compliance has been received from the Agency; and
DOT Form 140-039 Packet Pg. 92
Revised 04/2022
4.H.a
(c)Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within 3
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in a�
accordance with this paragraph.
XIV.Termination for Public Convenience
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The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in o
part,whenever: 'q
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(1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. 0
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(2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with M
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of 0
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the State with respect to the preservation of energy resources. N
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(3)The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of F-
persons or agencies other than the contractor. 0
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(4)The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5)The Secretary determines that such termination is in the best interests of the State. E
XV.Venue for Claims and/or Causes of Action f°
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For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency p
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the +;
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying c
The approving authority certifies, to the best of his or her knowledge and belief, that: 0)
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(1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or t
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with 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 any federal contract, grant, loan, or cooperative agreement. E
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to 0
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee y
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall
complete and submit the Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
(3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at m
all tiers(including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements)which U
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. Q
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
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Submission of this certification as 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 and not more than
$100,000 for each such failure.
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XVII.Assurances m
Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e., Federal Highway Administration,
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Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement, signed by the Agency Q
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act(ADA).
Additional Provisions a
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DOT Form 140-039 Packet Pg. 93
Revised 04/2022
4.H.a
Instructions
1. Agency Name and Billing Address—Enter the Agency of primary interest which will become a party to the agreement.
2. Project Number—Leave blank.This number will be assigned by WSDOT. 3
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3. Agreement Number—Leave blank.This number will be assigned by WSDOT.
2
4.
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a. Project Description—Enter the project name,total length of the project(in miles), and a brief description of the termini. Data �o
entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus c
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Example:(Name)"Regal Road", (Length)1.2 miles", (Termini)"Smith Road to Main Street"
b. Description of Work—Enter a concise statement of the major items of work to be performed. Statement must be consistent a
with the description of work noted in the STIP and Project Prospectus.
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Example:"Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and traffic signal at the intersection of Regal H
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Road and Dakota Avenue." 0
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c. Project Agreement End Date—Enter the Project Agreement End Date(mm/dd/yy).This date is based on the project's Period
of Performance(2 CFR 200.309).
For Planning Only projects—WSDOT recommends agencies estimate the end of the project's period of performance and add m
three years to determine the"Project Agreement End Date".
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For PE and RW—WSDOT recommends agencies estimate when the phase will be completed and add three years to
determine the"Project Agreement End Date". For Construction—WSDOT recommends agencies estimate when construction r-
will be completed and add three years to determine the"Project Agreement End Date". 0
d. Proposed Advertisement Date—At construction authorization only, enter the proposed project advertisement
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date(mm/dd/yy). N
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e. Claiming Indirect Cost Rate—Check the Yes box if the agency will be claiming indirect costs on the project. For those 4)
projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency's E
self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and/or State Auditor. ,0
Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance. y
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4. Type of Work and Funding(Round all dollar amounts to the nearest whole dollar) 3
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a. PE—Lines a through d show Preliminary Engineering costs for the project by type of work(e.g., consultant, agency, state
services, etc.). Q
*Federal aid participation ratio for PE—enter ratio for PE lines with amounts in column 3.
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• Line a—Enter the estimated amount of agency work in columns 1 through 3. v
• Line b&c—Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3.
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• Line d—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 m
through 3. L
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• Line e—Total of lines a + b+c+d. Q
b. Right of Way—If a Right of Way phase is authorized on the project,the appropriate costs are shown in lines f through i. c
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*Federal aid participation ratio for RW—enter ratio for RW lines with amounts in column 3. Q
• Line f—Enter the estimated amount of agency work in columns 1 through 3. o
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• Line g &h—Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. $
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• Line i—State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 p`
through 3. r
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• Line j—Total of lines f+g + h + i. E
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c. Construction—Lines k through p show construction costs for the project by type of work(e.g., contract, consultant, agency,
state services, etc.). Q
*Federal aid participation ratio for CN—enter ratio for CN lines with amounts in column 3.
DOT Form 140-039 Packet Pg. 94
Revised 04/2022
4.H.a
• Line k-Enter the estimated cost of the contract.
• Lines I, m, &n-Enter other estimated costs such as utility and construction contracts or non-federally matched
contract costs.
• Line o-Enter estimated costs of all construction related agency work. 3
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• Line p-State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1
through 3.
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• Line q-Total Construction Cost Estimate.Total of lines k+I + m + n +o+p. `o
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d. Total Project Cost Estimate c
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• Line r-Total Cost Estimate of the Project.Total of lines e+j +q. 0
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'Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the 0-
participation rate entered becomes the maximum rate allowed.
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6. Signatures-An authorized official of the local agency signs the agreement and enters their title and date of signature (mm/dd/ 4-
yy). Note:Do NOT enter a date on the Date Executed line. 0
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7. Method of Construction Financing-Choose the method of financing for the construction portion of the project.
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a. Method "A" is used when the state administers the contract for the agency. a
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b. Method "B" is also used when the state administers the contract for the agency.
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c. Method "C" is used with projects administered by the local agency.The agency will submit billings monthly through the
state to FHWA for all eligible costs.The billings must document the payment requests from the contractor. If state-force
work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA o
simultaneously at the indicated ratio.To show continuous progress agencies should bill monthly until agreement is closed.
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8. Resolutions/Ordinances-When someone other than the County Executive/Chairman, County Commissioners/Mayor is
authorized to sign the agreement,the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance
designating that individual. t
9. Parties to the Agreement-Submit one originally signed agreement form to the Region Local Programs Engineer. It is E
the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed 0
agreement for their files.The agreement is first executed by the agency official(s)authorized to enter into the agreement. 0
It is then transmitted to the state for execution by Local Programs.The agreement is dated at the time of final execution by c
Local Programs. 0
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DOT Form 140-039 Packet Pg. 95
Revised 04/2022
4.H.b
Adlbk
Washington State Local Programs
De artment of bans P.O.ortation Maple Park Avenue S.E.
MAip p P.O Box 47390
Olympia WA 98504-7390
to
360-705-7370
www.wsdot.wa.gov p�
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October 8, 2024
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Mr. Chad Bieren, PE
Public Works Director
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City of Kent 0'
220 Fourth Avenue South L
Kent, WA 98032-5838
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RE: Pacific Hwy S (SR 99) Pedestrian Crossing Safety Improvements E
2024 City Safety Program a
Federal Funding o
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Dear Mr. Bieren: Cn
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WSDOT is pleased to advise you that the above-mentioned safety project was selected to receive c
funding through FHWA's Highway Safety Improvement Program (HSIP). The federal funding is y
limited as shown below:
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Pacific Hwy S (SR 99) Pedestrian Crossing Safety Improvements $1,163,000
Scope: See attached project summary. 4-
NOTE: The project is eligible for 100%HSIP funding,for all phases authorized prior to April c
30, 2027. If any phase is not obligated by this date, remaining funding may be
CL
rescinded, and the agency will need to re-compete for funding or construct the project
with local funds. Scope and funding modifications require prior approval from WSDOT a
HQ Local Programs.
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In order to meet state and federal requirements, the following are required:
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■ Project expenditures incurred before receiving notice from Local Programs of federal fund Y
authorization are not eligible for reimbursement.
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■ Please refer to the Local Programs webpage for detailed authorization information, including:
(hqp://www.wsdot.wa.gov/localpro rg ams/)
✓ Local Agency Guidelines (LAG) manual for detailed requirements; 3
✓ Transportation Improvement Program(TIP) and Statewide Transportation >,
Improvement Program (STIP) amendments, as applicable; t�
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✓ Funding and billing forms; vn
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✓ Local Project Report is required to be completed by the end of June and December
each year. To access the database you will need an account name and password. E
Your account name is�nd your password is� The password is case U
sensitive. a
Packet Pg. 96
4.H.b
Mr. Chad Bieren, PE
City of Kent
October 8, 2024
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■ FHWA requires that all projects are ADA compliant upon completion or the federal funds :
must be repaid. Z
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As a reminder, Local Programs requires all agencies to submit monthly progress billings to ensure c
timely reimbursement of eligible federal expenditures. W
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0.
For questions or assistance, please contact your Region Local Programs Engineer, Mehrdad Moini
at 206.440.4734 or Mehrdad.Moinigwsdot.wa.gov. I
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Sincerely, W
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/Javyrye, PE o
Director
Local Programs in
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Attachment a�
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cc: Kelly McGourty, Transportation Director, PSRC
Mehrdad Moini, PE,Northwest Region Local Programs Engineer
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Ed Spilker, City Safety and Traffic Programs Manager N
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Packet Pg. 97
4.H.b
Project Summary
Program: 2024 City Safety Program >,
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Date: September 2024 3
Agency:City of Kent
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Project Title: Pacific Hwy S(SR 99) Pedestrian Crossing Safety Improvements
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Project Description: Install pedestrian crossing improvements including pedestrian hybrid beacons(PHB), and median c
refuge island.
Detailed Project Description: Install pedestrian crossing improvements including pedestrian hybrid beacons (PHB), and C
median refuge island.
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Location: Pacific Hwy S(SR 99) between S 244 St and S 246 St °
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Note: Project above includes associated ADA and utility work as needed.
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Project Schedule (Estimated) 0
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Project added to the STIP 10/24
Project agreement signed with WSDOT Local Programs 2/25
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Begin PE (phase authorized by FHWA through WSDOT) 2/25
Community/stakeholder engagement complete 8/25 w
Environmental documents approved by WSDOT 8/26
Begin right-of-way(phase authorized by FHWA through WSDOT) 8/25
Right-of-Way completed (certification by FHWA through WSDOT) 8/26
Contract advertised 9/26 0
Contract awarded 10/26
Construction complete 12/27
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Project Cost and Award Amount U
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Phase Total Cost Local Match Amount Awarded
Preliminary Engineering $136,000 $0 $136,000 00
Right-of-Way $137,500 $0 $137,500
Construction $889,000 $0 $889,000
Total $1,162,500 $0 $1,162,500 Y
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If you agree to the project summary described above, please sign or electronically sign below and return to Ed Spilker at
Ed.Spilker@wsdot.wa.gov. E
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Concurrence: I agree to the project summary described above. r
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Approving Authority Name (Print): =
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Approving Authority Signature: ���-
Date: d`'����`�';� `1 z
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Packet Pg. 98
4.1
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
W A S H i N G T O N 253-856-5600
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: 2025 Water Treatment Chemical Supply - Goods and Services
Agreement with JCI Jones Chemicals, Inc. — Authorize
MOTION: I move to authorize the Mayor to sign a Goods and Services
Agreement with JCI Jones Chemicals, Inc., subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: Annually, the City of Kent, advertises for water treatment supply
chemicals that are used to deliver drinking water that meets or exceeds state and
federal standards. JCI Jones Chemicals, Inc. was awarded the water treatment
chemical contract for chlorine gas and sodium hydroxide in the amount of
$166,956.00.
Sodium hydroxide is used as a pH adjustment for corrosion control and chlorine gas
is a disinfectant which helps protect the drinking water from bacteria.
BUDGET IMPACT: This is a budgeted annual expense in the Water Utility operating
budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. JCI Jones - 2025 Water Treatment Chemical Supply Agreement (PDF)
Packet Pg. 99
4.I.a
KEN T
WAs �ro
GOODS & SERVICES AGREEMENT
between the City of Kent and
JCI Jones Chemicals, Inc. 3
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THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation .2
(hereinafter the "City"), and JCI Jones Chemicals, Inc. organized under the laws of the State of New York, E
located and doing business at 1919 Marine View Drive, Tacoma, WA 98422, Phone: (253) 274-0104, v
Contact: Michelle Trammell (hereinafter the "Vendor").
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AGREEMENT E
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I. DESCRIPTION OF WORK. ~
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The Vendor shall provide the following goods and materials and/or perform the following services for
the City: N
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The Vendor shall supply the City of Kent Water Department with water treatment chemicals 00
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(bid items 1, 2, 3, 4, 5, 10, 11 and 13) according to the bid proposal submitted October 18,
2024, which is attached as Exhibit A and incorporated by this reference.
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The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
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II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2025. E
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III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Sixty Six Thousand, Nine Hundred Fifty Six Dollars ($166,956), including applicable Washington State Sales
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Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor M
the following amounts according to the following schedule: LO
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Compensation of up to $166,956 is based on an estimate of annual need. Actual need may
var as follows: o
Item 1: zero to 6 tons v
Item 2: zero to 5 tons r
Item 3: zero to 1,500 pounds
Item 4: zero to 600 pounds
Item 5: zero to 300 pounds
Item 10: zero to 96,000 gallons Q
Item 11: zero to 12,000 gallons
GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 100
4.I.a
Item 13: zero to 8,000 gallons
Therefore, actual compensation will be between $0 and $166,956 and be based on the exact
quantity and price of chemicals ordered by the City, as set forth in Exhibit A.
The City will remit payment within thirty (30) days after receipt of an invoice.
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Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment Fa
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this .2
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card E
companies. The Vendor shall not charge those fees back to the City. v
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If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
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A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the N
goods, materials or services from other sources, and the Vendor shall be liable to the City for N
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, L;
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement °r°
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to c
become due the Vendor. E
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B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL a
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND <
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS 0.
MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in E
accordance with Ch. 51.08 RCW, the parties make the following representations:
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A. The Vendor has the ability to control and direct the performance and details of its E
work, the City being interested only in the results obtained under this Agreement.
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B. The Vendor maintains and pays for its own place of business from which the Vendor's i
services under this Agreement will be performed.
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C. The Vendor has an established and independent business that is eligible for a business N
deduction for federal income tax purposes that existed before the City retained the N
Vendor's services, or the Vendor is engaged in an independently established trade, w
occupation, profession, or business of the same nature as that involved under this
Agreement. �
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
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E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor's Q
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 101
4.I.a
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its 0
business. 0
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon °o
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
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VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any Fa
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the •2
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested v
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the m
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the T
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
04
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in CON
subsections A through E of Section VIII, Claims, below. L;
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The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the r-
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract E
time and for direct, indirect and consequential costs, including costs of delays related to any work, either i
covered or affected by the change. a
VII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure a
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, 0
or other natural disaster or acts of government ("force majeure event"). Vendor's inability to obtain raw
materials due to a producer and/or railroad disruptions shall also count as approved Force Majeure events,
as Vendor has no control over such disruptions. Performance that is prevented or delayed due to a force E
majeure event shall not result in liability to the delayed party. Both parties represent to the other that at
the time of signing this Agreement, they are able to perform as required and their performance will not be
prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national
declarations of emergency, or any current social distancing restrictions or personal protective equipment E
requirements that may be required under federal, state, or local law in response to the current pandemic. ;v
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If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of 3:
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be N
effective only to the extent and duration of the force majeure event causing the prevention or delay in N
performance and, provided, that the party prevented or delayed has not caused such event to occur and w
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
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Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City v
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any ?
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force E
Majeure provision.
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If a force majeure event occurs, the City may direct the Vendor to restart any work or performance Q
that may have ceased, to change the work, or to take other action to secure the work or the project site
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 102
4.I.a
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the c
Vendor.
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VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written °o
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the a
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for Fa
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed •2
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the m
applicable provisions of this Agreement. v
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At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
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FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY. N
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A. Notice of Claim. Provide a signed written notice of claim that provides the following LO
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information: T11
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim; E
3. The provisions in this Agreement that support the claim; i
4. The estimated dollar cost, if any, of the claimed work and how that estimate a
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption a
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result .2
of the asserted events giving rise to the claim. The City shall have access to any of the E
Vendor's records needed for evaluating the protest.
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The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an E
equitable adjustment. No adjustment will be made for an invalid protest. ;v
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C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this 3:
Agreement. N
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
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also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination). 0)
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the c
City any written or oral order (including directions, instructions, interpretations, and E
determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING Q
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 103
4.I.a
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work 0
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any 0
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor 00
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have a
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts Fa
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for •2
that portion of the work shall extend for an additional year beyond the original warranty period applicable m
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its v
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a '
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay E
all costs incurred by the City in order to accomplish the correction.
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XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
04
is qualified and available to perform the work to which the employment relates. The Vendor shall execute CON
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative L'O,
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Policy 1.2. T11
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, r-
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or E
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's i
performance of this Agreement, except for that portion of the injuries and damages caused by the City's a
negligence.
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The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds cn
to avoid any of these covenants of indemnification.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION E
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
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TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made ;v
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the N
Vendor's part. N
The provisions of this section shall survive the expiration or termination of this Agreement.
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XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, v
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
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XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions E
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or Q
other articles used or held for use in connection with the work.
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 104
4.I.a
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its 0
contractors and consultants to use recycled and recyclable products whenever practicable. A price cm
preference may be available for any designated recycled product. -a
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this >,
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a
covenants, agreements or options, and the same shall be and remain in full force and effect. U)
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C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and -2
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any E
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means v
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
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writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the M
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement. �
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at N
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written L'O;
notice hereunder shall become effective three (3) business days after the date of mailing by registered or OTO
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this �-
Agreement or such other address as may be hereafter specified in writing.
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E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, a
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent. a
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement U)
shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. .2
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this E
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any ;v
language contained in this Agreement, the terms of this Agreement shall prevail. ~
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H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal 3:
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's N
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of N
the performance of those operations.
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I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, v
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City a
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and E
obligations under the Public Records Act.
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GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 105
4.I.a
3. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any a
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page °o
to the other by fax or email and that signature shall have the same force and effect as if the Agreement 0
bearing the original signature was received in person. >,
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IN WITNESS, the parties below execute this Agreement, which shall become effective on '
the last date entered below. All acts consistent with the authority of this Agreement and prior Fa
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed •2
to have applied. m
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VENDOR: CITY OF KENT:
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By: By:
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Print Name: Print Name: Dana Ralph
Its Its Mayor c
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DATE: DATE: LO
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
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VENDOR: CITY OF KENT:
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Michelle Trammell Chad Bieren, P.E. >,
3CI Jones Chemicals, Inc. City of Kent �-
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1919 Marine View Drive 220 Fourth Avenue South
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Tacoma, WA 98422 Kent, WA 98032 @
(253) 274-0104 (telephone) (253) 856-5500 (telephone) E
MTrammell@3CIchecm.com (email) PublicWorks@KentWa.gov (email) U
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APPROVED AS TO FORM:
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Kent Law Department
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Kent City Clerk �
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GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 106
4.I.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal o
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who 00
perform work with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies. a
The City of Kent and its contractors are subject to and will comply with the following:
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin); U
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs E
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil L
Rights Act Of 1964); L
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964). c
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• Ch. 49.60 RCW (Washington Law Against Discrimination) LO
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and �
Regulations".
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The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of �.
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined n
below, it will be considered a breach of contract and it will be at the City's sole determination
regarding suspension or termination for all or part of the Agreement. a�
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The statements are as follows:
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1. I have read the attached City of Kent administrative policy number 1.2. L
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, 2
race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3:
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3. During the time of this Agreement I, the prime contractor, will provide a written statement N
to all new employees and subcontractors indicating commitment as an equal opportunity
employer. o
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows: 2
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EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 107
4.I.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and y
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they o
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
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B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national Fa
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21. E
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C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made W
by the contractor for work to be performed under a subcontract, including
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procurements of materials, or leases of equipment, each potential subcontractor or o
supplier will be notified by the contractor of the contractor's obligations under this `N
contract and the Acts and the Regulations relative to non-discrimination on the co
grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will i
permit access to its books, records, accounts, other sources of information, and its a
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain a
compliance with such Acts and Regulations and instructions. Where any information in
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the E
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with m
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to: M
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a. withholding payments to the contractor under the contract until the N
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
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F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of r
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to E
any subcontract or procurement as the City or the Washington State Department of c
Transportation may direct as a means of enforcing such provisions including Q
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 108
4.I.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and o
successors in interest agrees to comply with the following non-discrimination statutes and 00
authorities; including but not limited to: ;,
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Pertinent Non-Discrimination Authorities: FU
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), t
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part r
21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, c
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
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property has been acquired because of Federal or Federal-aid programs and 2
projects); 3:
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination c
on the basis of sex); `N
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iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, co
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age); E
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or ;,
sex); a
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, cn
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by E
expanding the definition of the terms "programs or activities" to include all of the i;
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not); E
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation N
regulations at 49 C.F.R. parts 37 and 38; N
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex); o
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations; .2
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EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 109
4.I.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); o
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from 0
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) cn
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the 2
preceding statements were complied with during the course of the contract's performance.
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By signing below, I agree to fulfill the seven requirements referenced above. a
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4.I.a
CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 0
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor
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Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must
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take the following affirmative steps: N
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1. Provide a written statement to all new employees and subcontractors indicating LO
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women.
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the a
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance. a
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following E
duties for their respective departments. L
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity 3:
policy. o
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 111
Exhibit A
WATER TREATMENT CHEMICAL SUPPLY FOR 2025
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to 0
perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the 0
following fees:
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Bidder's Name: JCI JONES CHEMICALS. INC.
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Item Estimated Description Bid Unit Total E
Annual Unit Prices
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1 6 Chlorine Gas in One-Ton Containers 1 "$2,900.00 $17,400.00 E
TONS* FOB Clark Springs TON CONT.
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JCI .TONES CHEMICALS, INC. N
Company Submitting Proposal
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Packet Pg. 112
4.I.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2025
PROPOSALFORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to 0
perform the service as specified in this contract {see Special Provisions 1.1 & 1.5} for the 0
following fees:
Bidder's Name: JCI JONES CHEMICALS, INC.
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Item Estimated description Bid Unit Total E
Annual Unit Prices
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2 5 Chlorine Gas in One-Ton Containers 1 *$2,900.00 $14,500.00 E
TONS* FOB Kent Springs TON CONT.
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*PLUS $750.001CONTAINER DEPOSIT
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Total $ 14,500.00 "!
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4.I.a
WATER TREATMENT CHEMICAL SUPPLY FOR 202S
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to 0
perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the c0
following fees:
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Bidder's Name: JCI JONES CHEMICALS, INC. 3
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Item Estimated Description Bid Unit Total E
Annual Unit Prices t
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3 1,500 Chlorine Gas in 150 Lb. Containers 150 *$611.00 $6,110.00 E
LB5* FOB East Hill Well LB CYL.
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Total $ 6,110.00
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Packet Pg. 114
4.I.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2025
PROPOSALFORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the 00
following fees:
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Bidder's Name: JCI JONES CHEMICALS, INC. 0
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Item Estimated Description Bid Unit Total
Annual Unit Prices t
Usage V
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4 600 Chlorine Gas in 150 Lb. Containers 150 $611,00 $ 2,444.00 E
LBS* FOB Armstrong Springs Well #1 LB CYL.
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Total s 2,444.00
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Packet Pg. 115
4.I.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2025
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to 0
perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the 0
following fees:
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Bidder's Name: JCI JONES CHEMICALS INC. �-
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Item Estimated Description Bid Unit Total E
Annual Unit Prices
Usage V
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5 300 Chlorine Gas in 150 Lb. Containers 150 *$611.00 $1,222.00 E
LBS* FOB Seven Oaks Well LB CYL.
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4.I.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2025
PROPOSALFORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to 0
perform the service as specified in this contract (see Special Provisions 1.4 & 1.6) for the 0
following fees:
Bidder's Name: JCI JONES CHEMICALS, INC.
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Item Estimated Description Bid Unit Total E
Annual Unit Prices
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10 96,000 25% Sodium Hydroxide in $'1.08 $ 103,680.00 E
GALS* 4,000 Gal. Deliveries BULK GAL.
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JCI JONES CHEMICALS, INC. O
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Company Submitting Proposal
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Note: Contractor must submit a firm proposal for the contract term(s).
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Packet Pg. 117
4.I.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2025
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to 0
perform the service as specified in this contract (see Special Provisions 1.4 & 1.6) for the 0
following fees:
Bidder's Name: JCI ,ZONES CHEMICALS, INC. 3
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Item Estimated Description Bid Unit Total E
Annual Unit Prices
Usage v
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11 12,000 25% Sodium Hydroxide in $ .08 $ 12,960.00 E
GALS* 4,000 Gal. Deliveries BULK GAL.
FOB East Hill Well
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Total $ 12,960.00 N
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*Estimated annual need is 12,000 Gals. Actual need may vary.
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JCI JONES CHEMICALS, INC. y
Company Submitting Proposal 0_
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Packet Pg. 118
4.I.a
WATER TREATMENT CHEMICAL SUPPLY FOR 2025
PROPOSAL FORM
The undersigned hereby proposes to provide all equipment, labor, materials and supplies to
perform the service as specified in this contract (see Special Provisions 1..4 & 1.5) for the 0
following fees:
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Bidder's Name: JCl JONES CHEMICALS, INC.
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Item Estimated description Bid unit Total E
Annual Unit Prices
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Usage v
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13 8,000 25% Sodium Hydroxide in $1,08 $8,640.00 E
GALS* 4,000 Gal. Deliveries BULK GAL.
FOB Guiberson Corrosion Facility
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Total $ 8,640.00 N
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*Estimated annual need is 8,000 Gals. Actual need may vary,
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4.I.a
BID SUMMARY
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Item 1 Total $17,400.00
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Item 2 Total $14,500.00
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Item 3 Total $6,110.00
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Item 4 Total $2,444.00 E
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Item 5 Total $1,222,00 v
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Item fi Total
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Item 7 Total No BID
Item 8 Total NO BID N
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Item 9 Total No BIDLO
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Item 10 Total $103,680.00
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Item 11 Total $12,960.00
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Item 12 Total No BID a
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Item 13 Total $8,640.00
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
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The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents, a
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
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Contractor shall obtain insurance of the types described below: U
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1. Automobile Liability insurance covering all owned, non-owned, hired and E
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence N
form CG 00 01 and shall cover liability arising from premises, operations, N
independent contractors, products-completed operations, personal injury LO
and advertising injury, and liability assumed under an insured contract. The co
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City c
shall be named as an insured under the Contractor's Commercial General E
Liability insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a substitute a
endorsement providing equivalent coverage.
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3. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington. Cn
B. Minimum Amounts of Insurance E
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Contractor shall maintain the following insurance limits:
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1. Automobile Liability insurance with a minimum combined single limit for
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bodily injury and property damage of $1,000,000 per accident. ;v
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2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a 3:
$2,000,000 products-completed operations aggregate limit. N
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EXHIBIT B (continued)
C. Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the following provisions o
for Automobile Liability and Commercial General Liability insurance: °
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1. The Contractor's insurance coverage shall be primary insurance as respect a
the City. Any Insurance, self-insurance, or insurance pool coverage 3
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it. Fa
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2. The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written U
notice by certified mail, return receipt requested, has been given to the City.
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3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies. The LO
Contractor's Commercial General Liability insurance shall also contain a N
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of L0
the insurer's liability. T_
D. Acceptability of Insurers
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Insurance is to be placed with insurers with a current A.M. Best rating of not less than i
A NII.
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E. Verification of Coverage a
Contractor shall furnish the Citywith original certificates and a co of the amendatory Cn
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endorsements, including but not necessarily limited to the additional insured 2
endorsement, evidencing the insurance requirements of the Contractor before E
commencement of the work.
F. Subcontractors
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Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated M
herein for the Contractor.
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Packet Pg. 122
4.J
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: 2025 Recycle Event Management Contract — Goods &
Services Agreement with Olympic Environmental Resources,
Inc. — Authorize
MOTION: I move to authorize the Mayor to sign the Goods & Services
agreement with Olympic Environmental Resources, subject to final terms
and conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: In 2025, the City will host three large Saturday and up to five mini
Friday residential recycling events at no charge to attendees. To successfully
operate the events, the City uses a consultant with proven experience to staff these
events and contract with various recycling vendors for specialty items that are
difficult to recycle. These events, which continue to be grant funded, have been
very successful for the community.
In October, City staff advertised a Request for Proposals for a recycling event
consultant to contract with vendors, provide staffing, and manage event operations
for each recycle event in 2025. After review of the proposals received, staff
recommends contracting with Olympic Environmental Resources, Inc. to perform
these duties for $163,295.
BUDGET IMPACT: This contract is fully grant funded and will be paid for by King
County's Waste Reduction & Recycling and Hazardous Waste Management Program
grants and the Department of Ecology's Local Solid Waste Financial Assistance
grant.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
Packet Pg. 123
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1. Goods and Services Agreement - Olympic Environmental Resources (PDF)
Packet Pg. 124
4.J.a
°�KEN T
W n s H i ry c r o ry f/1
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GOODS & SERVICES AGREEMENT
between the City of Kent and
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Olympic Environmental Resources, Inc.
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THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Olympic Environmental Resources, Inc. organized under the laws of the State
of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206)
938-8262, Contact: Paul Devine (hereinafter the "Vendor").
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AGREEMENT w
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I. DESCRIPTION OF WORK.
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The Vendor shall provide the following goods and materials and/or perform the following services for N
the City: N
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The Vendor shall assist with the City's 2025 Recycling Events. For a description, see the
Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference.
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The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, 3
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and w
services through other sources. •2
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II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
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complete the work and provide all goods, materials, and services by December 31, 2025. ,
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III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred E
Sixty Three Thousand, Two Hundred Ninety Five Dollars ($163,295), including applicable Washington State L
Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the a
Vendor the following amounts according to the following schedule:
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The Vendor shall be paid after execution of agreement and submittal of invoice for services in
provided.
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GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 125
4.J.a
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this 06
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card o
companies. The Vendor shall not charge those fees back to the City. 0
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If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option 0
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every 12
effort to settle the disputed portion. o
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A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is E
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for c
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to w
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become due the Vendor.
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B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND N
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS N
MADE.
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in 00
accordance with Ch. 51.08 RCW, the parties make the following representations:
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A. The Vendor has the ability to control and direct the performance and details of its IV
work, the City being interested only in the results obtained under this Agreement.
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B. The Vendor maintains and pays for its own place of business from which the Vendor's E
services under this Agreement will be performed.
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C. The Vendor has an established and independent business that is eligible for a business w
deduction for federal income tax purposes that existed before the City retained the
Vendor's services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement. O
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service a)
and the state Department of Revenue.
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E. The Vendor has registered its business and established an account with the state a
Department of Revenue and other state agencies as may be required by the Vendor's •2
business, and has obtained a Unified Business Identifier (UBI) number from the State cn
of Washington.
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F. The Vendor maintains a set of books dedicated to the expenses and earnings of its -00
business. 0
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
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GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 126
4.J.a
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the 06
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested 0
change. If the City determines that the change increases or decreases the Vendor's costs or time for i
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the o
amended work upon receiving either a written amendment from the City or an oral order from the City v
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for E
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must a,
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
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The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the m
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract 0,
time and for direct, indirect and consequential costs, including costs of delays related to any work, either U
covered or affected by the change.
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VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure C2
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or °r°
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their m
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing 2-
state or national declarations of emergency, or any current social distancing restrictions or personal o
protective equipment requirements that may be required under federal, state, or local law in response to �
the current pandemic.
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If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of c
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in w
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
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Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City O
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. E
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
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If a force majeure event occurs, the City may direct the Vendor to restart any work or performance m
that may have ceased, to change the work, or to take other action to secure the work or the project site •2
during the force majeure event. The cost to restart, change, or secure the work or project site arising from cn
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the -wa
Vendor. °o
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VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to �
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the coo
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts a
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 127
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or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the 06
applicable provisions of this Agreement. o
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At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
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1 through 5 below.
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FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN o
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN v
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY. E
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A. Notice of Claim. Provide a signed written notice of claim that provides the following Mr-
information:
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1. The date of the Vendor's claim; >
2. The nature and circumstances that caused the claim; w
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3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate U
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption N
if the Vendor is asserting a schedule change or disruption. N
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B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
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The City will evaluate all claims, provided the procedures in this section are followed. If the o
City determines that a claim is valid, the City will adjust payment for work or time by an W
equitable adjustment. No adjustment will be made for an invalid protest.
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C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this c
Agreement. L
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor U
also waives any additional entitlement and accepts from the City any written or oral order 0-
(including directions, instructions, interpretations, and determination). >,
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
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IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING 00)
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE •2
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. N
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X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work -Ua
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any °o
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions 00
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or a
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 128
4.J.a
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable 06
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its o
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a c0
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay i
all costs incurred by the City in order to accomplish the correction.
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XI. DISCRIMINATION. In the hiring of employees for the performance of work under this o
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the v
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who E
is qualified and available to perform the work to which the employment relates. The Vendor shall execute a,
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative m
Policy 1.2.
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XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or w
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suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's 0
performance of this Agreement, except for that portion of the injuries and damages caused by the City's U
negligence.
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The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds '24
to avoid any of these covenants of indemnification. to
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER 2
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. N
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In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable a
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part. w
The provisions of this section shall survive the expiration or termination of this Agreement. 0
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XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, O
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
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XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions m
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of 142
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the a
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.
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XV. MISCELLANEOUS PROVISIONS. N
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its -ta
contractors and consultants to use recycled and recyclable products whenever practicable. A price °o
preference may be available for any designated recycled product.
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this E
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect. a
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 129
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C. Resolution of Disputes and Governing. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any 06
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means o
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules c0
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in i
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the 0
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred 12
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or o
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's v
right to indemnification under Section XII of this Agreement.
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at a,
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written 2
notice hereunder shall become effective three (3) business days after the date of mailing by registered or '
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing. >
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E. Assignment. Any assignment of this Agreement by either party without the written consent 0
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, y
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made W
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without additional written consent.
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement co
shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. 00
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative 2
of the City, and such statements shall not be effective or be construed as entering into or forming a part of o
or altering in any manner this Agreement. All of the above documents are hereby made a part of this w
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
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H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal c
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's 0
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of w
the performance of those operations.
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I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the >,
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, O
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, a
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the •O
Kent City Code. cn
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GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 130
4.J.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the 06
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing o
the original signature was received in person. 0
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IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed o
to have applied. v
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VENDOR: CITY OF KENT: E
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By: By:
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Print Name: Print Name: Dana Ralph >
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Its Its Mayor
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DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: to
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VENDOR: CITY OF KENT:
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Paul Devine Chad Bieren, P.E. L
Olympic Environmental Resources, Inc. City of Kent N
4715 SW Walker Street 220 Fourth Avenue South
Seattle, WA 98116 Kent, WA 98032
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(206) 938-8262 (telephone) (253) 856-5500 (telephone) E
pauldevine@msn.com (email) PublicWorks@Kentwa.gov (email) r-
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APPROVED AS TO FORM: w
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Kent Law Department 0
ATTEST: E
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Kent City Clerk
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GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 131
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DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY 06
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal ,!
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who L
perform work with relation to this Agreement shall comply with the regulations of the City's equal o
employment opportunity policies. U
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The City of Kent and its contractors are subject to and will comply with the following: E
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs w'
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement N
of Title VI of the Civil Rights Act of 1964). N
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• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and c
Regulations . a
The following statements specifically identify the requirements the City deems necessary for any c
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of E
all of the following is required for this Agreement to be valid and binding. If any contractor, c
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, it will be considered a breach of contract and it will be at the City's sole determination w
regarding suspension or termination for all or part of the Agreement. 2
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The statements are as follows: —''
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1. I have read the attached City of Kent administrative policy number 1.2.
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2. During the time of this Agreement I will not discriminate in employment on the basis of sex, a
race, color, national origin, age, or the presence of all sensory, mental or physical disability. a
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3. During the time of this Agreement I, the prime contractor, will provide a written statement 2
to all new employees and subcontractors indicating commitment as an equal opportunity in
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and o
promotion of women and minorities. 0
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5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
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EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 132
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A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted o
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they ,!
may be amended from time to time, which are herein incorporated by reference 2
and made a part of this contract. o
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B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national E
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21. w
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C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including o
procurements of materials, or leases of equipment, each potential subcontractor or C`!
supplier will be notified by the contractor of the contractor's obligations under this
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contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports o
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the a
Washington State Department of Transportation to be pertinent to ascertain E
compliance with such Acts and Regulations and instructions. Where any information o
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the w
Washington State Department of Transportation, as appropriate, and will set forth �.
what efforts it has made to obtain the information. E
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with Zr_
the non-discrimination provisions of this contract, the City will impose such contract E
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to: a
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of o
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of E
Transportation may direct as a means of enforcing such provisions including 0
sanctions for noncompliance. Provided, that if the contractor becomes involved in, a
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 133
4.J.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect 06
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States. 0
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6. During the performance of this contract, the contractor, for itself, its assignees, and ,!
successors in interest agrees to comply with the following non-discrimination statutes and L
authorities; including but not limited to: o
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Pertinent Non-Discrimination Authorities: E
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
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21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ad
(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); N
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination N
on the basis of sex);
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iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as W
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex); E
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, o
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age c
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by d
expanding the definition of the terms "programs or activities" to include all of the E
programs or activities of the Federal-aid recipients, sub-recipients and contractors, o
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
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transportation systems, places of public accommodation, and certain testing entities a
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38; L
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) cn
(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority W
Populations and Low-Income Populations, which ensures Non-discrimination against 0
minority populations by discouraging programs, policies, and activities with
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disproportionately high and adverse human health or environmental effects on 5
minority and low-income populations;
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EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 134
4.J.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination 06
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons $
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
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seq).
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xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
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By signing below, I agree to fulfill the five requirements referenced above.
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By:
For: N
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Title:
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EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 135
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CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 �!
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 E
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APPROVED BY Dana Ralph, Mayor
POLICY: a
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Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization and, W
if holding Agreements with the City amounting to $10,000 or more within any given year, must o
take the following affirmative steps: N
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1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. c
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the W
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance. E
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's •;
nondiscrimination and equal opportunity requirements shall be considered in breach of contract w
and subject to suspension or termination for all or part of the Agreement. •Q
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public o
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
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1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these ,
regulations are familiar with the regulations and the City's equal employment opportunity y
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. in
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EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 136
Exhibit A
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Olympic Environmental Resources
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4715 SW Walker Street Seattle WA 98116 a�
Tel. 206938-8262 Email.pauldevine@msn.com
October 16, 2024
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City Clerk's Office a�
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5895 L,
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RE: City of Kent 2025 Recycling Consultant Services `�'
CID
City of Kent City Clerk:
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Olympic Environmental Resources (OER) is pleased to respond to the City of Kent Request for Consultant L
Services for limplementation of Kent Recycling Events in 2025. OER has direct experience managing Kent o
waste reduction and recycling programs and has a clear understanding of City needs, programs, and the grant
administration experience necessary to assist your City. OER also has the vendors and contacts in place to
implement programs immediately.
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Since the early 1990s, OER's staff have been organizing and operating municipal collection events throughout c
King County. This has included securing event sites for events, management of collection event vendors, .5
coordinating vendor insurance coverage's and hold harmless agreements to protect City clients, and preparing w
collection reports and reimbursement requests for the program grantors and cities. OER has extensive
experience in coordinating collection and transport or recyclable and moderate risk waste. Q
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It has become increasingly costly to host recycling events and vendors have been raising prices across the O
board. OER will try and work with vendors to keep costs as reasonable as possible but some increases are
outside of OER's control.
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Thank you for your consideration of OER's proposal. Please call (206) 938-8262 or email a
pauldevine@msn.com if you have questions.
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Respectfully, L
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Paul M. Devine
General Manager o
Olympic Environmental Resources 0
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Packet Pg. 137
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City of Kent 2025 Recycling Proposal for Recycling Events Ca
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Prepared by Olympic Environmental Resources
Olympic Environmental Resources (OER) specializes in solid waste and recycling services and provides L
service for many City recycling programs in the Puget Sound area. For many years, OER General Manager o
Paul Devine coordinated the Kent spring, summer, and fall residential recycling collection events and provided U
recycling grant administration and reporting. OER has a clear understanding of City of Kent needs, programs
and grant administration and reporting functions and has spent years fostering relationships with program E
subcontractors. These relationships will support seamless management and implementation of Kent programs 0
in 2025. OER has the project staff and vendors in place to carry out immediate management and
implementation of Kent recycling events.
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Residential Recycling Collection Events w>
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OER staff has successfully managed sixty-five (65) recycling collection events in the City of Kent. From 1993 6,
through 2024, these events provided recycling options to 52,092 Kent residents and resulted in the proper
recycling of 10,929,919 pounds of material diverted from the Kent waste stream.
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Qualifications of Project Staff t
Paul Devine will act as the Project Manager on the Kent Project. Paul is the General Manager/Owner of OER •2
and has managed City of Kent Recycling Events in the past. Paul has extensive experience in solid waste and in
recycling in both the public and private sectors. As Suburban City Recycling Coordinator, he designed and
implemented a comprehensive Solid Waste Management Plan for the City of Normandy Park. Through his
work in the recycling industry he has developed good working relationships with area haulers, local recyclers
and state and local government officials. Paul has a clear understanding of the City of Kent programs. He has °o
maintained all grant administration functions for all project work and has the vendors and contacts in place to
implement programs without interruption. Paul graduated from Whitman College in 1984 and received a
Master's of Public Administration from Seattle University in 1990. E
2025 OER Kent Recycling Proposal 2 October 16,2024 Q
Packet Pg. 138
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Recycling Project Staffinq and Management
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OER shall provide adequately-trained staff for all Kent Recycling Collection Events. OER staff is experienced y
and familiar with these events and very customer-service oriented. A sufficient number of OER staff shall be
present to prevent traffic delays and to address participants' needs and questions. OER will provide each Kent o
event with the following staff:
Project Manager to work with the City of Kent, provide contract management, supervise staff and oversee r
operations of the entire contract. The Project Manager shall ensure the contract is completed on schedule and
within budget. The Project Manager will also work at events as necessary. Paul Devine will act as the Project r
Manager. Paul has successfully managed Kent Recycling Collection Events in the past. Paul is experienced in °
all aspects of collection event management and has acted in every working capacity at events. c
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Event Coordinator to supervise staff and oversee operations of the entire event. The Event Coordinator shall '2
ensure that Site Entrance Greeters, Traffic Directors, other Event Staff are supervised throughout the day. >4
Karl Ruediger, Mike Smyth, and Kellin Ramage will work for OER as Event Coordinators. Karl, Mike, and Kellin o
have all worked at Kent events in the past on both residential and business events. All Event Coordinators are
experienced working with event subcontractors and implementing events. All are experienced and skilled in
assisting the event participants and providing information on reducing waste, reusing materials and recycling. a)
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Site Entrance Greeters to screen vehicles for proper materials, answer questions about event procedures and a
direct participants to materials collection stations. Greeters shall distribute educational materials and
promotional items as requested by the City. Zach Montejano, Hiatt Konen, and Lucy Giaccio have worked with L
OER for many years. All are experienced at greeting event participants, directing event traffic, providing
educational materials, passing out promotional items and tallying the number of participants that attend the
events. All are experienced and skilled at making participants feel welcome to events while giving event
directions and relaying important safety information o
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Traffic Staff to direct and control traffic. Ruben Moreno, Joe Grossi, Stefan Ray, and Mac Greenan will work
as traffic control staff for OER. All are experienced in working events and have worked with OER for a number a
of years. E
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2025 OER Kent Recycling Proposal 3 October 16,2024 Q
Packet Pg. 139
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In addition to OER staff, event subcontractors provide staff to collect other materials such as paint, batteries,
household textiles, scrap metal, scrap wood, and electronics.
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Recycling-related Projects Completed for Other Agencies
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Olympic Environmental Resources specializes in solid waste and recycling services, recycling collection event
management, environmental education programs and compost bin and rain barrel sale management. OER r
staff has over thirty years of recycling collection event and recycling project management experience. In 2025,
OER staff will implement over fifty (50) residential recycling collection events, paint recycling events, and E
compost/worm bin and rain barrel sales. o
OER has provided event management services for: w
City of Algona City of Auburn City of Bellevue 0-
City of Black Diamond City of Burien City of Carnation _�
City of Covington City of Des Moines City of Duvall
City of Everett City of Enumclaw City of Issaquah
City of Kenmore City of Kent City of Lake Forest Park
City of Maple Valley City of Mercer Island City of Newcastle
City of Normandy Park City of Pacific City of Sammamish a
City of Tukwila
King County Solid Waste Division
Town of Skykomish
Washington Materials Management & Financing Authority in
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2025 OER Kent Recycling Proposal 4 October 16,2024 Q
Packet Pg. 140
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Client References o
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Ms. Shellie Bates o
Program Supervisor
City of Covington
16720 SE 271st Street, Suite 100 L
Covington, WA 98042 0
(253) 480-2463
Email: sbates@covingtonwa.gov
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Ms. Laura Techico, AICP
Planning and Development Services Manager c
City of Des Moines
21630 11th Avenue South, Suite D w
Des Moines, WA 98198-6398
(206) 870-6595
Email: Itechico@desmoineswa.gov 21
0
Ms. Dianna Billingsley
Public Works Administrative Manager E
City of Enumclaw L
1309 Myrtle Ave
Enumclaw, WA 98022 N
(360) 615-5724
Email: dbillingsley@ci.enumclaw.wa.us
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2025 OER Kent Recycling Proposal 5 October 16,2024 Q
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City of Kent 2025 Recycling Event Budget 0
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Three citywide Recycling Events to be held on or about March 1, 2025, June 14, 2025, and October 11, 2025.
Hours will be 9 am to 3 pm.
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City-wide residential recycling collection events-three
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Spring Summer Fall V
Items Cost Items Cost Items Cost Total +r
Refrigerators-unit cost$35 each $3,000.00 Refrigerators $3,200.00 Refrigerators $4,000.00 $10,200.00
Air Conditioners-unit cost$35 each $1,600.00 Air Conditioners $1,400.00 Air Conditioners $2,600.00 $5,600.00 E
Water Heaters-unit cost$5 each $150.00 Water Heaters $100.00 Water Heaters $150.00 $400.00 a)
Mini Propane Tanks-unit cost$2 each $260.00 Mini Propane Tanks $160.00 Mini Propane Tanks $120.00 $540.00
5-Gallon Propane Tanks-unit cost$10 e $450.00 5-Gallon Propane Tar $450.00 5-Gallon Propane Tar $400.00 $1,300.00 O
Toilets&Sinks-unit cost$25 each $1,300.00 Toilets&Sinks $2,000.00 Toilets&Sinks $2,000.00 $5,300.00
Mattresses-unit cost$35 each $4,600.00 Mattresses $6,500.00 Mattresses $7,000.00 $18,100.00
Collection Services
Tires $2,500.00 Tires Not Accepted Tires $2,500.00 $5,000.00 W
Scrap Metal/Electronics $3,800.00 Scrap Metal/Electrons $3,800.00 Scrap Metal/Electrons $3,800.00 $11,400.00 m
Cardboard $400.00 Cardboard $400.00 Cardboard $400.00 $1,200.00 6,
Styrofoam $1,350.00 Styrofoam $1,350.00 Styrofoam $1,350.00 $4,050.00 v
Bulky Wood $1,250.00 Bulky Wood $1,600.00 Bulky Wood $1,250.00 $4,100.00
Concrete Not Acce to Concrete $2,500.00 Concrete $2,500.00 $5,000.00
Paper Shredding $650.00 Paper Shredding $650.00 Paper Shredding $650.00 $19950.00 N
Batteries $2,200.00 Batteries $2,000.00 Batteries $2,500.00 $6,700.00 c
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Textiles $0.00 Textiles $0.00 Textiles $0.00 $0.00
Paint Not Acce to Paint Not Acce ted Paint Not Acce ted $0.00 to
00
Management Services
Event Staff $4,300.00 Event Staff $3,600.00 Event Staff $4,300.00 $129200.00
Event Management $9,960.00 Event Management $9,960.00 Event Management $9,960.00 $299880.00 y
Other m
Rentals $0.00 Rentals $100.00 Rentals $0.00 $100.00 3
Supplies $400.00 Supplies $400.00 Supplies $400.00 $1,200.00 O
Mileage $150.00 Mileage $175.00 Mileage $150.00 $475.00 N
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Contingecy fee for unexpected cost $1,500.00 $1,500.00 $1,500.00 $49500.00
Subtotal 1 $39,820.00 Subtotal 1 $41,845.00 Subtotal $47,530.00 r
TOTAL 1 1 $129,195.00
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Five Mini Recycling Events to be held on Fridays in the Spring, Summer, and Fall. Hours will be 9 am to noon °
or 1 pm to 4 pm.
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Kent Mini Recycling Collection Events-Five Q.
Items Cost Per Event Total for Five Events E
Collection Services 2'
Scrap Metal/Electronics $500.00 $2,500.00 O
Paper Shredding $550.00 $2,750.00
Textiles $0.00 $0.00
Paint $0.00 $0.00 m
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Management Services O
Event Staff $1,200.00 $6,000.00
Event Management $4,100.00 $20,500.00 Q
Other
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Rentals $50.00 $250.00
Supplies $90.00 $450.00
Mileage $80.00 $400.00
Continciecy fee for unexpected cost $250.00 $19250.00 N
Subtotal $6,820.00
TOTAL $349100.00
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TOTAL BUDGET: $163,295.00 0
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2025 OER Kent Recycling Proposal 6 October 16,2024 Q
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Hourly Rates for Event Management and Staff 06
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Project Manager $80.00
Recycling Specialist $65.00
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Recycling Event Staff $65.00
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City of Kent 2025 Recycling Proposal: Work Samples
Recycling Collection Events OER managed work samples - available upon request.
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2025 OER Kent Recycling Proposal 7 October 16,2024 Q
Packet Pg. 143
4.J.a
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Exhibit B
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Insurance Requirements
Insurance
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Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees, or
subcontractors.
A. Minimum Scope of Insurance w
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Contractor shall obtain insurance of the types described below:
Commercial General Liability insurance shall be written on Insurance N
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Services Office (ISO) occurrence form CG 00 01 and shall cover N
liability arising from premises, operations, independent contractors, 00
products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate
Per Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the r
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage. If a general c
aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall w
be twice the required occurrence limit. 0.
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The Contractor may use Umbrella or Excess Policies to provide the O
liability limits as required in this Agreement. This form of insurance will
be acceptable if all the Primary and Umbrella or Excess Policies shall
provide all the insurance coverages herein required. The Umbrella or L
Excess policies shall be provided on a true "following form" or broader a
coverage basis, with coverage at least as broad as provided on the
underlying Commercial General Liability insurance.
Automobile Liability insurance providing bodily injury and property
damage liability coverage for all automobiles/vehicles used in the
performance of this Agreement. This coverage must be on a primary 0
and non-contributory basis only. Coverage shall be written on ISO
form CA 00 01, or a substitute form providing equivalent liability
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Packet Pg. 144
4.J.a
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coverage. If necessary, the policy shall be endorsed to provide o
contractual liability coverage.
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Workers' Compensation coverage for the employees of Contractor and L
subcontractors as required by the Industrial Insurance laws of the o
State of Washington.
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B. Minimum Amounts of Insurance
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Contractor shall maintain the following insurance limits:
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Commercial General Liability insurance shall be written with limits no w
less than $1,000,000 per occurrence, $2,000,000 general aggregate,
and $2,000,000 products-completed operations aggregate limit.
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al. o
Waiver of Subrogation N
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Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $500,000 per occurrence. ch
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If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor.
Any available insurance proceeds in excess of the specified minimum limits
of insurance and coverage shall be available to the City. The above policy c
limits may be obtained with excess liability (umbrella) insurance.
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C. Other Insurance Provisions Q.
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The insurance policies are to contain, or be endorsed to contain, the b
following provisions:
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1. The Contractor's insurance coverage shall be primary insurance L
with respect to the City. Any insurance, self-insurance, or a
insurance pool coverage maintained by the City shall be in
excess of the Contractor's insurance policies and shall not 5
contribute to the Contractor's insurance policies. cn
2. Contractor's insurer must deliver, or mail written notice of
cancellation to the named insured at least forty-five (45) days o
before the effective date of the cancellation. The Contractor's
insurance policy shall include an endorsement that provides the
City with written notice of cancellation forty-five (45) days
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4.J.a
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before the effective date of the cancellation. If Contractor's o
insurer fails to provide the City with a copy of the notice of
cancellation endorsement, the Contractor must notify the City of �!
any cancellation, nonrenewal or termination within two (2) L
business days of their receipt of such notice. o
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3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) with respect to work a
performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the
right to receive a certified copy of all required insurance policies. w'
The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately
to each insured against whom claims are made or suit is
brought, except with respect to the limits of the insurer's o
liability. C.4
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D. Acceptability of Insurers
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Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage r
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Contractor shall furnish the City with original certificates and a copy of the c
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of w
the Contractor before commencement of the work. The City waives no Q.
rights, and the Contractor is not excused from performance if Contractor E
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fails to provide the City with a copy of the endorsement naming the City as a O
Primary Non-Contributory Additional Insured.
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F. Subcontractors L
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Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverage for subcontractors shall be subject to all the same insurance in
requirements as stated herein for the Contractor.
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Packet Pg. 146
4.K
PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5600
DATE: November 19, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: 2025 Annual Solid Waste Rate Adjustment
SUMMARY: The City's solid waste contract with Republic Services includes an
annual rate adjustment. Accordingly, residents and businesses will see a rate
adjustment on their solid waste bills beginning January 1, 2025. In Kent, the solid
waste contract has two components included in the rate: the disposal component
and the collection component.
The disposal component is based on fees set by the King County Solid Waste
Division, which confirmed an increase on fees taking effect on January 1, 2025. The
new disposal rate increases from $183.71 to $203.57 per ton.
The collection component rates are adjusted annually for inflation based on three
standardized Department of Labor price indices for the Puget Sound region. These
indices are specific to wages, employment and energy costs.
Additionally, the solid waste contract authorized Republic Services to charge a
Sustainability Adjustment to customers which is dependent on commodity values
and processing costs. Beginning January 1, 2025, the Sustainability Adjustment will
decrease from $1.15 to $0.66 per month for single-family customers and from
$3.73 to $2.03 per cubic yard of garbage service per month for multifamily and
cart-based commercial customers.
Based on these components, single-family customers will see the following rate
change per month (before taxes and fees):
Service Level Current January 1, 2025
13-gallon $ 7.34 $ 7.82
20-gallon $14.65 $15.62
32-gallon $24.35 $25.94
45-gallon $35.23 $37.51
64-gallon $53.23 $56.61
96-gallon $79.80 $84.88
Packet Pg. 147
4.K
Sustainability Adjustment Current January 1, 2025
Single-family - per month $1.15 $0.66
Multifamily/Cart-based Comm. -
per cubic yard of garbage $3.73 $2.03
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 148