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HomeMy WebLinkAboutCAG1986-0035 - Original - State of WA Interagency Committee for Outdoor Recreation - Green River Corridor Project Number 87-0150 - 11/10/1986 OUTDOOR RECREATION ACCOUNT PROJECT CONTRACT Project Title Green River Corridor ,Project No . 87-015D 1 . Nature of Contract . This instrument , in 11 pages , of which this is the first , is intended to set out the terms and conditions , not otherwise appearing in statutes or regulations , of a grant of money from the Outdoor Recreation Account of the General Fund of the State of Washington to a state agency or local public body , herein called the Contracting Party, in aid of an outdoor recreation project under the provisons of RCW 43 . 99 . 080 . 2 . Administration of Contract . During the Project Period , as stated in Section 3 of this Contract , or as amended , the state agency administering the grant is the Interagency Committee for Outdoor Recreation , herein after called the Interagency Committee ( IAC ) . 3 . Project Period . The Contracting Party shall execute and complete the approved project during the period from November 10 , 19 86 , until December 31 , 19 88 . 4 . Project Assisted . The outdoor recreation project to be assisted is the one set out in the Contracting Party ' s application for Outdoor Recreation Account assistance , dated May 29 , 19 86 , as approved for funding by the Interagency Committee for Outdoor Recreation on November 6 , 1986 , unless as otherwise amended , described as follows : Construct a ten foot wide asphalt trail approximately 1 ,5 mile in length on the Green River Dike from the North Kent City limits South to Russell Road. Also picnic facilities, rest/viewpoints and car top boat launch will be developed at the ''Oxbow'' as well as a parking lot with pedestrian access to the dike. Elements of work to be accomplished under this contract are: Site Preparation Signs Landscaping Dike Access from Parking Lot Trail Architecture/Engineering Parking-paved (approx. 31 spaces) _Picnic Units Park Furniture Car Top Boat Launch 5 . Compliance with Application . Unless otherwise agreed to by written formal Amendment to this Contract , the project shall be carried out according to the plans and proposals submitted by the contracting party in , or in connection with , its application for assistance for this project . • 2 0 6 . ( a ) Funding of Project . The total cost of the project covered by this Contract is $ 293,640 ( b) The Interagency Committee agrees to pay $ 146,820 _ or 50 percent of the total project cost , whichever amount is less , from monies available in the Outdoor Recreation Account of the fate General Fund . ( c ) In addition , the Interagency Committee has entered into an agreement with the National Park Service , United States Department of Interior , to contribute federal Land and Water Conservation Funds in the amount of $ 0 or 0 percent of the total project cost , whichever is less , and the Interagency Committee agrees to pay to the Contracting Party the federal money made available to the State of Washington for the project covered by this Contract . ( d ) The Interagency Committee shall not be obligated to pay any amount beyond the amount of participation set out in section 6 ( b) above , unless that additional amount has been approved in advance by the Interagency Committee and incorporated by written amendment into this agreement . 7 . Requirements of National Park Service . If the project has been approved by the National Park Service , United States Department of Interior , for assistance from the federal Land and Water Conservation Fund ( see paragraph 7 ( c) ) the Project Agreement General 'Provisions as contained in Section 660 . 3 Attachment B of the Land and 'rater. Conservation Grant Manual as now existing or hereafter amended are made part of this contract and the Contracting Party shall abide by the Project Agreement General Provisions . Further , the Contracting Party agrees to provide the Interagency Committee with necessary reports and/or documents as may be required by the IAC to meet the requirements of the Project Contract or Section 660 . 3 Attachment B of the Land and Water Conservation Grant Manual . 8 . Contingencies . The duty of the Interagency Committee to approve disbursement of funds pursuant to this Contract is contingent upon strict compliance by the Contracting Party with the terms of this Contract . The duty of the state of Washington to disburse funds is contingent on the funds being available in the Outdoor Recreation Account of the State General fund . 9 . Project Implementation. The Contracting Party ' s project implementation shall be completed by the end of the project period covered by Section 3 , unless otherwise extended by formal written amendment . 10 . Project Administration . ( a) The Contracting Party shall promptly submit such reports as the Director of the Interagency Committee may request . 3 ( b) Property and facilities acquired or developed pursuant to this Contract shall be available for inspection by the Director upon request . ( c ) The Contracting Party shall submit a certified ( Interagency Committee ) final report when the project is completed or prematurely terminated , or project assistance is terminated . The report shall include a description of work accomplished . 11 . Project Termination . All obligations of the Interagency Committee under this Contract may be suspended or canceled , at the option of the Interagency Committee , if any of the following has occurred : ( a) The Contracting Party has failed to make progress , satisfactory to the Interagency Committee , necessary for it to complete the project on time , or otherwise will be unable to complete any part and/ or all of the project , or has failed to comply with any or all of its obligations under this agreement ; or ( b) The Contracting Party has failed to make progress , satisfactory to the Interagency Committee , necessary for it to complete on time any other project with which it is being assisted with funds from the Outdoor Recreation Account of the State General Fund , or will be otherwise unable to complete any part and/or all of such a project , on time , or has failed to comply with any or all of its obligations under the agreement with the state supporting that aid . 12 . Remedies . ( a) In the event of termination by the Interagency Committee under section 11 above or otherwise for failure of the Contracting Party to comply with any or all of its obligations under this agreement , the Interagency Committee may require the Contracting Party to repay all money theretofore furnished to the Contracting Party under this agreement , The Contracting Party agrees , therefore , that in the event of a breach of this agreement by it , specific performance shall , where reasonably possible , be the remedy preferred by the Committee . ( b) The remedy of specific performance shall not be the sole remedy and does not serve to exclude any and all other remedies available to the Interagency Committee by law . The Interagency Committee may choose to exercise any and all other remedies available , together with , or as an alternative to , specific performance , at the option of the Interagency Committee . 13 . Restriction on Conversion of Project to Other Uses . The Contracting Party shall not at any time convert any property or facility acquired or developed pursuant to this contract to uses other than those for which assistance was originally approved without tie prior approval of the Interagency Committee . Such conversion shall only be approved upon conditions which will assure the substitution of other outdoor recreation land or facilities of at leans equal fair market value at the time of conversion and of as 4 nearly as feasible equivalent usefulness and location in the manner provided by RCW 43 . 99 . 100 for marine recreation land , whether or not the property was acquired with Initiative 215 funds . 14 . Use and Maintenance of Assisted Project . The Contracting Party shall operate and maintain , or cause to be operated and maintained , the property or facilities which are the subject matter of this contract as follows : ( a) The property or facilities shall be maintained so as to appear attractive and inviting to the public . ( b) Sanitation and sanitary facilities shall be maintained in accordance with applicable state and local public health standards . ( c) The property or facilities shall be kept reasonably safe for public use . ( d) Buildings , roads , trails , and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime , so as to prevent undue deterioration that would discourage public use . ( e) The facility shall be kept open for public use at reasonable hours and times of the year , according to the type of area or facility . ( f) The property or facility shall be open for the use of all segments of the public without restriction because of the race , creed , color , sex , religion , national origin or residence of the user . ( g) The Contracting Party should operate and maintain the facility in accordance with all applicable federal , state , and local laws and regulations . 15 . User Fees and Charges . User or other types of fees may be charged in connection with areas and facilities which are the subject matter of this contract , provided that the fees and charges are commensurate with the value of recreation services or opportunities furnished and are within the prevailing range of public fees and charges within the state for the particular activity involved . Unless precluded by state law , all revenues from fees and charges which exceed the costs for operation and maintenance of the area from which they were collected must be deposited in a capital reserve fund identifiable within the sponsor( s) official annual budget( s ) , for acquisition and/or development of outdoor recreation lands or facilities consistent with the agency ' s park and recreation plan. Such funds may not be used for operation and maintenance of other facilities . 16 . Reporting . The Contracting Party shall report on specific matters whenever requested to do so by the Interagency Committee . 5 17 . Tvo Waiver by Interagency Committee . The Contracting Party agrees that failure by the Interagency Committee to insist upon the strict performance of any provision of this Project Contract or to exercise any right based upon a breach thereof, or acceptance by it of performance during such breach , shall not constitute a waiver of any of its rights under this Project Contract . 18 . Identifying Markers . The Interagency Committee reserves the right to require the Contracting Party to display , during the project period and after project completion , appropriate signs or markers identifying the roles of the State and Federal agencies participating financially in this project . 19 . Disbursement of Assistance . Disbursement of the grant-in-aid shall be made in accordance with WAC 286-24-040 , after the Contracting Party has furnished the Director ( IAC ) such information as he shall deem necessary to show compliance with applicable statutes and rules and this Contract . 20 . Provisions Applying only to Acquisition Projects . The following provisions shall be in force if the project covered by this Contract is for the acquisition of outdoor recreation land or facilities and shall not apply when the project is only for development : ( a) In the event Federal Land and Water Conservation Funds are included in this project per Section 6 . ( c ) of this Contract , the Contracting Party agrees to comply with the terms and intent of the Uniform Relocation Assistance and Real Property Acquistion Policies Act of 1970 , 84 Stat . 1894 ( 1970 ) - Public Law 19-646 , and the applicable regulations and procedures of the Department of the Interior implementing such act . ( b) In the event state funds only are included in this project per Section 6 . ( b) of this Contract , the Contracting Party agrees to comply with the terms and intent of Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington ( Chapter 240 , Laws of 1971 , 1st Ex . Secs . R . C . W. 8 . 26 . 010) . ( c) In the event that housing and relocation costs , as contemplated by federal law ( P. L . 91 -646 ) and state law ( Chapter 240 , Laws of 1971 , 1st Ex . Sess . ) , are involved in the execution of this project , the Contracting Party agrees to provide any housing and relocation assistance that may be necessary and will assume the administrative costs , with the understanding that the actual eligible relocation costs will be part of the total project cost . ( d ) Evidence of Land Value . Prior to disbursement of the assistance provided for in this Contract , the Contracting Party shall supply evidence establishing to the satisfaction of the Director ( IA" ) that the land acquisition cost represents a fair and reasonable price for the land in question . 6 ( e) Evidence of Title . The Contracting Party shall be responsible for providing satisfactory evidence of title for each parcel prior to disbursement of funds provided by this Contract . Such evidence may include title insurance policies , Torrens certificates , or abstracts and attorneys ' opinions establishing that the land is free from any impediment , lien , or claim which would impair the uses contemplated by this contract . ( f) Deed of Right To Use Land For Public Recreation Purposes . The Contracting Party^agrees to execute an instrument or instruments which contain ( 1 ) a legal description of the property acquired under this Project Contract ; ( 2 ) a conveyance to the state of Washington of the right to use the described real property forever for outdoor recreation purposes , and (3 ) a restriction on conversion of use of the land in the manner provided in RCW 43 . 99 . 100 , whether or r_ot the real property covered by the deed is marine recreation land . RCW 43 . 99 . 100 reads as follows : Marine recreation land with respect to which money has been expended under RCW 43 . 99 . 080 shall not , without the approval of the committee , be converted to uses other than those for which such expenditures were originally approved . The committee shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location . 21 . Provisions Applying Only to Development Projects . The following provisions shall be in force if the project covered by this Contract is for development of outdoor recreation land or facilities , and shall not apply when the project is only for acquisition : ( a) Compliance with the Law . The Contracting Party shall comply with all laws and regulations applicable to the development project and to Contracts for work done to carry it out . ( b) Installment Payments . Assistance provided by this Contract for development may be remitted to the Contracting Party in installments , after receipt of billings , and upon satisfactory evidence of completion of each stage of construction or development . Installment payments shall in no event be made more frequently than monthly. An amount equal to 10 percent of the funding assistance provided the Contracting Party by this Contract for eligible development costs may be withheld until final inspection and certification of project completion is made by the Interagency Committee . ( c) Contracts for Construction . Contracts for construction shall be awarded through a process of competitive bidding if required by state law . Copies of all bids and contracts awarded shall be submitted to the IAC . Where all bids are substantially in excess of 7 project estimates , the Director ( IAC ) may , by notice in writing , suspend the project and refer the matter to the IAC for determination of appropriate action , which may include termination of assistance for development of the project . ( d ) Construction Contract Change Order . Any change orders shall be in writing and shall be submitted to the IAC . Any increase in the cost of the project as the result of a change order shall be the sole obligation of the contracting party. No change order shall be issued by the contracting party which changes the plans and proposals submitted in or in connection with the contracting party' s application for assistance for this project , unless the change has been agreed to by the Interagency Committee by written amendment to this agreement . ( e ) Nondiscrimination Clauses . Except where a nondis- crimination clause required by the United States Department of interior is used , the contracting Party shall insert the following nondiscrimination clause in each Contract for construction of this project : "During the performance of this Contract , the Contractor agrees as follows : ( 1 ) "The Contractor will not discriminate against any employee or application for employment because of race , creed , color , sex , or national origin. The Contractor will take affirmative action to ensure that applicants are employed , and that employees are treated fairly during employment , without regard to their race , creed , color , or national origin. Such action shall include , but not be limited to , the following : employment , upgrading , demotion or transfer ; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation; and selection for training, including apprenticeship . The Contractor agrees to put in conspicuous place , available to employees and applicants for employment , notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause . " ( 2 ) The Contractor will , in all solicitations or advertisements for employees placed by or on behalf of the Contractor , state that all qualified applicants will receive consideration for employment without regard to race , creed , color, sex or national origin. 8 ( 3 ) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding , a notice , to be provided by the agency contracting officer , advising the said labor union or workers ' representative of the Contractor ' s commitments under this section , and shall post copies of the notice in conspicuous places available to employees and applicants for employment . ( 4 ) The Contractor will include the provisions of the foregoing paragraphs in every subcontract exceeding $10 , 000 , so that such provisions will be binding upon each such subcontractor or vendor . The Contractor will take such action with respect to any subcontract or purchase order as the Interagency Committee may direct as a means of enforcing such provisions , including sanctions for noncompliance ; provided , however , that in the event the Contract becomes involved in, or is threatened with , litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the state of Washington to enter into such litigation to protect its interests . 22 . Hold Harmless . Grantee agrees to defend and hold the state of Washington, the Interagency Committee for Outdoor Recreation , and any employees thereof , harmless from any and all suits at law or equity , or claims or demands , or any loss of any nature , including but not 'Limited to costs and attorneys ' fees , suffered , or alleged to be suffered on the premises , or arising out of the facility design , construction , or operations on the premises . 23 . Assignment . This agreement shall not be assignable in whole or in part by the contracting party except with the express written consent of the Interagency Committee . 24 . Maintenance of Records . The contracting party shall maintain all books , records , documents , receipts , invoices and all other electronic or written recordations necessary to sufficiently and properly reflect the contract agency ' s contracts , contract administration , and payments , including all direct and indirect costs of the project expended by the contracting party in the development and implementation of the project . These records shall be subject at all reasonable times to inspection, review, or audit by Interagency Committee personnel and other personnel directly authorized by these parties , the Office of the State Auditor , and federal officials so 9 authorized by law. The contracting party will retain all books , records , documents and other materials related to this agreement and project for five ( 5 ) years after final payment by the Interagency Committee under this agreement . The contracting party shall provide full access to these records to such persons for the purposes of inspection or audit and any assistance to these persons in the performance of these duties as is deemed necessary by the Interagency Committee . 25 . Term of Agreement . This Agreement shall continue in perpetuity , except Sections 5 , 6 ( a) - ( e) , 8 , 9 , 10 , 19 , 20( a) - ( e) and 21 , which shall expire as of the date contained in Section 3 of this Agreement , or as amended . 26 . Relationships of Parties . This project is the project of the contracting party and not that of the Interagency Committee . The purpose of this agreement is to provide for the granting of monetary aid from an account established for such purposes to the contracting party for the acquisition or development of the project . The Interagency Committee has no , nor will acquire , any ownership interest in , or responsibility for the operation of , the project by virtue of this agreement . The contracting party shall be responsible for the development and operation of the project . The Interagency Committee shall not become a party to any contract between this contracting party and others by reason of having entered into this contract with the contracting party . 27 . Notices : All notices , demands , requests , consents , approvals , and other communications which may or are required to be given by either party to the other under this agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes when delivered or mailed by first class postage or certified mail , postage prepaid , addressed as follows : ( a) Notice to the State To : Interagency Committee for Outdoor Recreation 4800 Capitol Boulevard KP-11 Tumwater , Washington 98504 or at such address as the Interagency Committee shall have furnished to the Contracting Party in writing. ( b ) Notice to the Contracting Party To Barnev Wilson , who serves in the capacity of Director, Parks & Recreation for the Contracting Party , and who has been designated as the Contracting Party ' s liaison officer for 0 10 the purposes of this agreement , or to such other officer or address as the Contracting Party shall have furnished to the Director in writing . 28 . Additional Provisions , or Modifications of Standard Provisions . 11 29 . Assent of Contracting Party . The Contracting Party by the signature of its authorized representative below agrees to be bound by this instrument : City of Kent Contracting Party ApproPve to form This day of \ 1 9- Ey : Title : Mayor l l�lvv � r Date December 18, 1986 . Attorney for Contract Party 30 . Assent of Interagency Committee . The signature of the Director of the Interagency Committee below witnesses that the Interagency Committee agrees to be bound by this instrument : Approved as to form STATE OF WASHINGTON This (g-i-`'day of Interagency Committee for Outdoor Recreation M KEN EI Attorneyey General ROBERA L . WILDER , Director Date : December 3, 1986 Assistant orney General To: Mary Simmons CC: From: Lori M.New Date: May 8,2000 �J Re: Green River Corridor Project Contract from the desk of... Lori M.Flemm Superintendent of Park Planning and Development City of Kent Parks and Recreation Department 220-4th Avenue South Kent,WA 98032-5895 (253)856-5112 Fax: (253)856-6050 M MO This contract was closed and completed by the IAC (granting agency) on 12/31/89. The City of Kent needs to keep this parWproject open and available for public recreation in perpetuity. (#25) If you have any questions, please call me at 253-856-5112. THANKS.