HomeMy WebLinkAboutPK18-317 - Original - Washington Recreation and Conservation Office - Van Doren's Landing Park - 7/12/18 ti✓ KE.T Records Management Document,
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
E] Blue/Motion Sheet Attached
E Pink Sheet Attached
Vendor Name: WA Recreation and Conservation Office (RCO)
Vendor Number (]DE):
Contract Number (City Clerk): ,r
Category: Grant Related Agreement (Real Property)
Sub-Category (if applicable) Amendment,
Project Name RCO #85 044 for Van Doren's Landing Park
Contract Execution Date: 2/7/1985 Termination Date: 6/30/1987
Contract Manager: Lynn Osborn/BL Department: Parks
Contract Amount: $111,000.00
Approval Authority: ❑ Director ® Mayor ❑ City Council
Other Details: Amendment #2 to a..property_development,gr„ant, changing the original
scope from development of an active recreation site to passive, due to the ultimate
relocation cif fhe park far the Lower Russell Road Levee repairs fzy KinCounty
Division Contract: #PPDN/A
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1. WASNINGiON STATE
Recreation and
Conservation office Amendment to Project Agreement
Project Sponsor: Kent Parks, Rec & Comm Sery Project Number: 85-044D
Project Title: Van Doren's Landing Park Amendment Number: 2
Amendment Type:
Agreement Description Change
Amendment Description:
The project agreement description is amended to reflect approval that was given on May 8,
2018, by NIPS and RCO of a significant change in use of the project area. The project area
is being changed from active recreation to a passive recreation park due to the Lower
Russell Levee Setback project. The park is adjacent to the Green River and will be
redeveloped to provide flood protection, habitat, and recreation along the river. A backflow
channel will be created and the remaining area of the park will be planted to provide riparian
buffer. Trails will be developed to provide for wildlife viewing of the created habitat area.
Interpretive signage will be installed.
Original project agreement description:
Develop a Riverfront Park on approximately seven acres of property located on the Valley
floor of Kent adjacent to the Green River. The site was recently acquired by the State of
Washington and the City of Kent to help fill the void of public owned property on the river.
The site is ideally suited for a combined passive/unorganized active park with areas for
sunbathing, picnicking, fishing, access to the river for canoe and kayak launch/take-out,
children's playground, open lawn area for unorganized games, and a regional
pedestrian/bike trail which will be developed on an existing flood control dike top.
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington Project Sponsor
Recreation and Conse va Office
AGENCY:
BY: BY:
fo Kaleen C tingham
TITLE: Director TITLE: /tj ( tf er t-
a
DATE: p DATE: 2S
Pre-approved as to form:
BY: /S/
Assistant Attorney General
LWCF Project Agreement Description Change Amendment
General Fund - Federal RCW 79A.25, WAC 286
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PROJECT CONTRACT
Project Title Van Doren'sLanding Project No. 85-044D
1 . Nature of Contract. This instrument, in 8 pages, or which this is
the first , is intended to set out the terms and conditions , not otherwise ap-
pearing 1n statutes or regulations, or a Grant of mongy 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. The state agency administering the grant is the Interagency Committee
for Outdoor Recreation, herein called the Interagency Committee.
2. Assent of Contracting Parma. The Contracting Party by the signature
of its authorized representative below agrees to be bound by this instrument:
City of Kent
Contracting Party
Approved as to form
This Q /STday of
By
r,
f Title
_ rat' Ji rL.�a Date
A torney for
Contracting Party
3. 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 s to form STATE OF WASHINGTON
This day of Interagency Committee for
r u 1983 Outdoor Recreation y
KEN EIKENB
:,tour ney Genuneerr a i
f-
Director
� 4
Date February 7, 1985
Assistant Attorney General
i
n
4. Project Period . The Contracting Party shall execute and complete the
approved project during the period from January 18 1985, until
June 30 19 87 .
5. Project Assisted. The outdoor recreation project to be assisted is the
one set out 1n the Contracting Party' s application to the Interagency Committee,
dated May 30 , 19 84 , as approved for funding by the Interagency
Committee at its meeting on November 13 , 1984 , described as follows :
Develop an approximate seven acre community park with about 2,000 feet
of frontage on the east bank of the Green River. Elements of work to
be accomplished under this Project Contract include:
Site Preparation Play Equipment (2 locations)
,Utilities Open Lawn Areas
landscaping Canoe/Kayak Access to River
-Parking-Paved (50 spaces) Fishing Areas
'Paths-Paved Planning and Engineering
Picnic Area/Tables
(20 units)
6. 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.
7. (a) Funding of Project. The total cost of the project covered by this
Contract is S 222,000
(b) The Interagency Committee agrees to pay $ 0
or N/A percent of the total project cost, whichever amount is less , from
monies available in the Outdoor Recreation Account of the State General Fund .
(c) In addition, the Interagency Committee has entered into an agree-
ment with the National Park Service, United States Department of Interior,
to contribute federal Land and Water Conservation Funds in the amount of
$ II1 ,000 or 50 percent of the total project cost, whichever is
less, and the Interagency Committee agrees to pay to the Contracting Party
`�- federal nnney made avl lablA Qr
*o 'he ate of Wachi ^.n tee
_ _ . . � . fnr ttie prn �=rY
covered by this Contract.
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8. Requirements of National Park Service. If the project has been approved
by the National Park Service, united states Department of Interior, for assis-
tance from the federal Land and Water Conservation Fund (see paragraph 7 (c) )
the Project Agreement General Provisions as contained in Section 660.4 of the
Land and Llater 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 660.4 of the Land and Water Conservation Grant Manual ,
9• Contingencies. The duty of the Irteraaency Committee to approve disburse-
ment 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.
10. Project Performance. The Contracting Party' s performance shall be com-
pleted by the end of the period covered by this Contract, unless otherwise
extended by formal written amendment.
II . Project Administration. (a) The Contracting Party shall promptly submit
such reports as the Director of the Interagency Committee may request.
(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 final report when the
project is completed or prematurely terminated, or project assistance is terminated .
The report shall include a description of work accomplished.
12. 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 satisfactory progress to
complete the project, or will be unable to complete the project, or any portion
of it, unless a written amendment to the Contract is executed.
(b) The Contracting Party is failing to make satisfactory proaress to
complete any other project assisted with funds from the Outdoor Recreation Account
of the State General Fund, or will be unable to complete another such project.
13• Remedies. Because the benefit to be derived from the full compliance
with the terms oT this Contract is the preservation, protection, and the net
increase in the quantity and quality of public outdoor recreation facilities
and resources which are available to the people of the state and of the United
Staies, and because such benefit exceeds to an immeasurable and unascertainable
extent the amount of money furnished under the terms of this Contract, the
Contracting Party agrees that repayment of an amount equal to the amount of
assistance extended under this Contract by the State of Washington would be
inadequate compensation for any failure to comply with the terms of this agree-
ment. The Contracting Party agrees, therefore, that in the event of a breach
of this agreement by it, specific performance shall be an appropriate remedy.
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14. Restriction on Conversion of Facility 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 the prior approval of the Interagency Committee, in
the manner provided by RCW 43.99. 100 for marine recreation land , whether or not
the property was acquired with Initiative 215 funds.
15, Use and Maintenance of Assisted Facility. 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.
16. Reporting. The Contracting Party shall report on specific matters
whenever requested to do so by the Director.
17. No 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 Contracting Party to display, during the period covered by this
Contract and after protect 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 such information as he shall deem necessary to show compliance
with applicable statutes and rules and this Contract.
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20. Provisions ApplyjHg 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 for development only:
(a) In the event Federal Land and Water Conservation Funds are included
in this project per Section 7. (c) of this Contract, the Contracting Party agrees
to comply with the terms and intent of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, 84 Stat. 1834 (1970) - Public
Law 91-646, 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 7. (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 , Ist Ex. Sess . -
R.C.W. 8.26.oio) .
(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 , lst 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 a par= 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 that the land acquisition
cost represents a fair and reasonable price for the land in question.
(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 attorney's 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 not 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 43.99.030 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 con-
version upon conditions which will assure the substitution of other
marine recreation land of at least eeual fair market value at the time
of conversion and of as nearly as feasible equivalent usefulness and
location."
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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 for acquisition only:
(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 proof 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 develop-
ment 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 througha 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 project estimates , the
Director may, by notice in writing, suspend the project and refer the
matter to the Interagency Committee for determination of appropriate action,
which may include termination of assistance for development of the project.
(d) Construction Contract Change Orders. Any change orders shall be
in Meriting and shall be submitted to the ]AC.
(a) Nondiscrimination Clauses . Except where a nondiscrimination 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 applicant
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 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; recruit-
ment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training ,
ncluding apprentl__' ;ter
sh1p. Tkc cntr_�'_or _es st 1 ,1
conspicuous places , available to employees and applicants for
employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
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(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 employmert
without regard to race, creed , color , sex or national origin.
(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 Contractor 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. Amendments : This Contract may be amended only in writing signed by
both the Contracting Party and the Director of the Interagency Committee.
23. 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
postace or certified mail , postace prepaid , addressed as follo:s :
(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 Contractinq Party
To Helen Adams ,. who serves
. *he ca,,acity of Administrative Assistant '^r " Contracting Dart„
and who has been designated as the Contracting Party' s liaison officer for the
Purposes of this agreement , or to such other officer or address as the Contracting
Party shall have furnished to the Director in writing ,
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24 . Additional Provisions, or modifications of Standard Provisions
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