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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 09/20/2018 Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the third Thursday of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Ron Lashley at 253 -856-5101, or via email at RLashley@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Parks and Human Services Committee Agenda Chair - Brenda Fincher Satwinder Kaur– Marli Larimer Ronald Lashley, Committee Secretary Thursday, September 20, 2018 5:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Changes to the Agenda Chair 01 MIN. 4. Approval of August 16, 2018 Minutes YES Chair 05 MIN. 5. Clark Lake Park Properties Demolition - Recommend YES Bryan Higgins 10 MIN. 6. Parks 2019 - 2020 Budget Approach NO Julie Parascondola 15 MIN. 7. Director's Report NO Julie Parascondola 05 MIN. Page 1 of 2 Pending Approval Parks and Human Services Committee CC Parks Regular Meeting Minutes August 16, 2018 Date: August 16, 2018 Time: 5:00 PM Place: Chambers East Attending: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember Agenda: 1. Call to Order 5:00 PM 2. Roll Call Attendee Name Title Status Arrived Brenda Fincher Committee Chair Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present 3. Changes to the Agenda Item 5 was removed from the Agenda Item 6 had a name change 4. Approval of Minutes dated July 19, 2018 MOTION: Move to approve the Minutes dated July 19, 2018 RESULT: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer 5. Clark Lake Park Properties Demolition - Recommend Item Withdrawn MOTION: Move to recommend council authorize the mayor to sign a public works agreement with Skycorp, in the amount of $80,245, for the demolition of houses and outbuildings on the Lake and Walla properties at Clark Lake Park, subject to final terms and conditions acceptable to the parks director and city attorney. 4 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 6 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) Parks and Human Services Committee CC Parks Regular Meeting Minutes August 16, 2018 Kent, Washington Page 2 of 2 RESULT: WITHDRAWN 6. Resolution for Grant Applications to the Recreation and Conservation Office for Service Club Ballfields and West Fenwick Park - Recommend MOTION: Move to recommend council adopt the resolution authorizing the submittal of grant applications #18-1527 for Service Club Ballfields Drainage Improvements and #18-2207 for West Fenwick Park Renovation to the Recreation and Conservation Office (RCO), for funding assistance for these projects. RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer 7. Director's Report · The Parks Recreation guide for the fall has been released www.kentwa.gov · The new 2018/2019 Fall & Winter Spotlight series has been released www.kentarts.gov · Tuesday, August 21st City Council Meeting - Update on YMCA Morrill Meadows update · Kelly Lease terms and agreement forthcoming for Riverbend Golf course in September · Market & Outreach Plan Kick off in September · RFP for Recreation and Program Plan to be awarded in November · Russell Road Levy and Van Doren's park relocation project update in September or October · Senior Center Funding - the position of the Parks Department was given regarding the article written on August 10, 2018 om the Kent Reporter questioning why an application was not submitted for the one time 2018 - 2023 Veterans, Seniors and Human Services Levy funding  Ronald Lashley Committee Secretary 4 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 6 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: September 20, 2018 TO: Parks and Human Services Committee SUBJECT: Public Works Agreement with Skycorp, Ltd. for the Lake and Walla Properties Demolition - Recommend MOTION: Move to recommend council authorize the mayor to sign a public works agreement with Skycorp, in the amount of $80,245, for the demolition of houses and outbuildings on the Lake and Walla properties at Clark Lake Park, subject to final terms and conditions acceptable to the parks director and city attorney. SUMMARY: The Walla and Lake properties were purchased as part of the Clark Lake Park acquisition assemblage, a collection of properties surrounding Clark Lake which the city has acquired over decades to create a 150-acre passive use park. Houses and outbuildings on the properties must be demolished in compliance with conditions set by the Washington Recreation and Conservation Office (RCO), which provided grant funding to reimburse some acquisitions costs. BUDGET IMPACT: Expense impact to the Parks Land Acquisition budget SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure ATTACHMENTS: 1. Public Works Agreement (PDF) 5 Packet Pg. 4 PUBLIC WORKS AGREEMENT - 1 (Over $20K, but $150K or Less, and Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and Skycorp, Ltd. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Skycorp, organized under the laws of the State of Washington, located and doing business at 526 Northwest Avenue, Suite 11, Arlington, WA 98223; Skyler Waldal; 360-926-8989, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in Exhibit A attached and incorporated herein, contractor will demolish houses and structures on the Lake and Walla properties at Clark Lake Park. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by 11/30/2018. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $80,245.00, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City’s payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a 5.a Packet Pg. 5 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) PUBLIC WORKS AGREEMENT - 2 (Over $20K, but $150K or Less, and Performance Bond) fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor’s signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor’s services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor’s services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: 5.a Packet Pg. 6 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) PUBLIC WORKS AGREEMENT - 3 (Over $20K, but $150K or Less, and Performance Bond) A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this Agreement. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor’s breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor’s possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or 5.a Packet Pg. 7 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) PUBLIC WORKS AGREEMENT - 4 (Over $20K, but $150K or Less, and Performance Bond) otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor’s receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within 5.a Packet Pg. 8 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) PUBLIC WORKS AGREEMENT - 5 (Over $20K, but $150K or Less, and Performance Bond) a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor’s liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, then Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 5.a Packet Pg. 9 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) PUBLIC WORKS AGREEMENT - 6 (Over $20K, but $150K or Less, and Performance Bond) XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. 5.a Packet Pg. 10 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) PUBLIC WORKS AGREEMENT - 7 (Over $20K, but $150K or Less, and Performance Bond) J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Skyler Waldal Skycorp Ltd. 526 Northwest Ave, Ste 11 Arlington, WA 98223 360-926-8989(telephone) skycorpltd@yahoo.com NOTICES TO BE SENT TO: CITY OF KENT: Bryan Higgins City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5113(telephone) bhiggins@kentwa.gov APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 5.a Packet Pg. 11 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 5.a Packet Pg. 12 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 5.a Packet Pg. 13 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 5.a Packet Pg. 14 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) BIDDER RESPONSIBILITY CRITERIA - 1 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (7/30/2018), the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Skycorp Ltd. By: ___________________________________________ Signature of Authorized Official* Printed Name: __________________________________ Title: _________________________________________ Date: _________________________________________ City and State: _________________________________ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. 5.a Packet Pg. 15 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT A Parcel nu mber 212205-9L57 Lake Property 12565 SE 240th Street Kent WA 98030 Building Demolition Scope of Work 1-. Schedule a meeting with project manager on site prior to starting any demolition work. 2' lnstall temporary erosion control measures as needed to prevent silted runoff from leaving the site. Avoid removing excess organic material from around structure to help filter possible run off. 3. Remove all asbestos as identified in the asbestos inspection report provided by Environmental Specialties. Removal shall be performed by a licensed/certified abatement contractor who shall dispose of the material in compliance with all applicable state and federal codes prior to starting demolition. Filing a Puget Sound Clean Air Agency permit is required prior to abetment. 4. Locate and remove the existing septic tank. Provide adequate fill material in place of the tank to make the site safe for public use. The city will pump the septic tank and provide a receipt of pumping. 5. Haul and dispose of any appliances found inside or outside the structure. (ie. Refrigerators, furnaces, dishwashers, ranges, washers, and dryers) 6. Remove and properly dispose of all household goods remaining in home and outbuildings such as cleaning products, paints, pesticides, gasolines and oils. 7 ' Demolish and remove from the site the existing house (3,780 SQ FT), Detached garage (660 Se FT) and all out buildings. 8. Excavate, haul, and dispose of all concrete and concrete block foundations. Remove any and all concrete and asphalt from the site. 9. Remove existing chain link fence that surrounds property. Do not disturb fences to the east of property. 1.0. Remove existing wrought iron gate and brick support structure from driveway entrance. 11. Remove existing chain link fence on right side of driveway leading up the property. 12. Remove asphalt driveway, as identified by the project manager. 13. Remove and dispose of all miscellaneous yard debris including wood timbers, trailers, children's play sets, metal, hot tubs, and all outdoor trash found remaining on site. 7 5.a Packet Pg. 16 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT A (Continued) 14. Remove any landscaping or shrubs as identified by the project manager to facilitate removal of the buildings. 15. Once the concrete foundations, buildings, and miscellaneous debris have been removed from the site, grade the soil to create a clean level surface. 16. Grass seed all exposed ground areas disturbed during the removal of the structures, and mulch area with straw. 17. Remove all temporary erosion measures that may have been utilized during the demolition. 18. Recycle as much demolition material as possible. 19. NotiFy the project manager upon completion to schedule a walk thru. Notes r Access to this site is down a narrow 1000 Ft long driveway with limited turn around space and a sloped entrance of offSE 240'h Street. Pre- bid inspection is recommended. r Please note that there is no running water to this property and dust control will be required during demo. r The city will obtain a demolition permit. . A copy of the asbestos survey will be provided. . Contractor will obtain a Puget Sound Clean Air Agency Permit. r Recycling of wood, wire, concrete, metal, and appliances is strongly recommended. . Contractor will have 60 working days to complete scope of work from notice to proceed. o Contact Project Manager Bryan Higgins at 253 856 5113 for pre-bid access and additional information. 2 5.a Packet Pg. 17 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT A (Continued) Parcel Number 212205-9044 Walla Property 1^24t5 SE 240th Street 98030 Building Demolition Scope of work 1. Schedule a meeting with the project manager prior to starting any demolition work. 2. lnstall temporary erosion control measures as needed to prevent silted runoff from leaving the site. Avoid removing excess organic material from around structure to help filter possible run off. 3. Remove all asbestos as identified in the asbestos inspection report provided by Environmental Specialties. Removal shall be performed by a licensed/certified abatement contractor who shall dispose of the material in compliance with all applicable state and federal codes prior to starting demolition. Filing a Puget Sound Clean Air Agency permit is required prior to abetment, 4. Locate and remove the existing septic tank. Provide adequate fill material in place of the tank to make the site safe. The city will pump the septic tank and provide a receipt of pumping. 5. Drain and remove the existing above ground heating oil tank located on the west side of the home near the chimney. 6. Haul and dispose of any appliances found inside or outside the structure. (ie. Refrigerators, furnaces, dishwashers, ranges, washers, dryers, well pumps.) 7. Remove and properly dispose of all household goods remaining in home and outbuildings such as cleaning products, paints, pesticides, gasolines and oils. 8. Demolish and remove from the site the existing house (1800 SQ FT) shed (157 SQ FT) and old cabin (478 Sq FD. 9. Excavate, haul, and dispose of all concrete and concrete block foundations. Remove any and all concrete and asphalt from the site. 10. Remove and dispose of all miscellaneous yard debris including wood timbers, trailers, metal, and all outdoor trash found remaining on site. LL. Remove any landscaping or shrubs as identified by the project manager to facilitate removal of the buildings 12, Once the concrete foundations, buildings, and miscellaneous debris have been removed from the site, grade the soilto create a clean levelsurface. 1 5.a Packet Pg. 18 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT A (Continued) 13. Grass seed all exposed ground areas disturbed during the removal of the structures, and mulch area with sttaw. 14. Remove all temporary erosion measures that may have been utilized during the demolition. 1.5. Recycle as much demolition material as possible. 15. Notify the project manager upon completion to schedule a walk thru. Notes r Pre bid inspection is recommended. r Please note there is no running water to this property and dust control will be required during demolition. o The city will obtain a demolition permit. . A copy of the asbestos survey will be provided. r Contractor will obtain a Puget Sound Clean Air Agency Permit. r Recycling of wood, wire, concrete, metal, and appliances is strongly recommended. . Contact Project Manager Bryan Higgins at 253 856 5113 for pre-bid access and for additional information. 2 5.a Packet Pg. 19 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT A (Continued) Parcel Number 2122O5-9OO3 Lake Property Barn 12665 SE 240th Street Kent WA 9gO3O Building Demolition Scope of Work L. lnstall temporary erosion control measures as needed to prevent silted runoff from leaving the site. Avoid removing excess organic material from around structure to help filter possible run off. 2. No asbestos was found in this building. 3' Remove and properly dispose of all contents remaining inside and outside of the barn. 4' Work wlth the Project Manager to possibly salvage some of the larger wood posts within the barn if deemed valuable for salvage. 5. Demolish and remove from the site the existing Barn. 6. Excavate, haul, and dispose of all concrete and concrete block foundations. Remove any and all concrete and asphalt from the site. 7' Once the concrete foundations, buildings, and miscellaneous debris have been removed from the site, grade the soil to create a clean level surface, 8' Grass seed all exposed ground areas disturbed during the removalof the structures, and mulch area with straw. 9' Remove alltemporary erosion measures that may have been utilized during the demolition. L0. Recycle as much demolition materialas possible. 11. Notify the project manager upon completion to schedule a walk thru. Notes r Access to this site is off a narrow driveway with a sloped entrance of SE 240th Street. pre bid inspection is recommended. r There is no paved access to this barn, the nearest pavement is 300 feet east. r There is no water serving this site and dust control will be required during demolition. r The city will obtain a demolition permit. r contractor will obtain a Puget sound clean Air Agency permit if necessary r Recycling of wood, wire, concrete, metal, and appliances is strongly recommended. o Contact Project Manager Bryan Higgins at 253 856 5113 for pre-bid access and additional information. 5.a Packet Pg. 20 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT A (Continued)5.a Packet Pg. 21 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT A (Continued)5.a Packet Pg. 22 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor’s/Consultant’s Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 5.a Packet Pg. 23 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) EXHIBIT B (Continued) 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor’s/Consultant’s Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 5.a Packet Pg. 24 At t a c h m e n t : P u b l i c W o r k s A g r e e m e n t ( 1 3 8 6 : C l a r k L a k e P a r k P r o p e r t i e s D e m o l i t i o n - R e c o m m e n d ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: September 20, 2018 TO: Parks and Human Services Committee SUBJECT: 2019 - 2020 Parks, Recreation & Community Services Department Budget Approach SUMMARY: In advance of the Mayor’s 2019-2020 budget presentation to City Council on September 25, 2018, the Parks Director will share the department’s internal strategies on how they approached the budget, their process, philosophy and priorities, along with challenges the department continues to face. This back end foundation will assist the Councilmembers serving on the Parks and Human Services Committee, to better understand any shifts, reductions or enhancements presented by the Mayor, that impact Parks, Recreation and Community Services. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services 6 Packet Pg. 25 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: September 20, 2018 TO: Parks and Human Services Committee SUBJECT: Director's Report SUMMARY: Julie Parascondola, Director of the Parks, Recreation and Community Services Department, will inform the committee of noteworthy information and upcoming events. 7 Packet Pg. 26