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Item Withdrawn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.
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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RESULT: WITHDRAWN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
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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)
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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
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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:
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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
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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
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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.
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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.
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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
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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: _________________________________________
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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.
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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: _________________________________________
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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.
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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
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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.
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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
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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
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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.
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EXHIBIT A (Continued)5.a
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EXHIBIT A (Continued)5.a
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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.
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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
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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
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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
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