HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 7/2/2019
KENT CITY COUNCIL AGENDAS
Tuesday, July 2, 2019
Chambers
Mayor, Dana Ralph
Council President, Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
B. Community Events
C. Economic and Community Development Update
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Chief Administrative Officer's Report
B. Mayor's Report
C. Councilmember's Reports
6. PUBLIC HEARING
A. Public Hearing on the Development Agreement between the City of
Kent and Blue Origin, LLC and its affiliate Blue Properties, LLC
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and
Mayor on issues that relate to the business of the city of Kent. Comments
that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public
Comment period to support or oppose a ballot measurement or candidate for
office. If you wish to speak to the Mayor or Council, please sign up at the
City Clerk’s table adjacent to the podium. When called to speak, please state
City Council Meeting City Council Regular Meeting July 2, 2019
your name and address for the record. You will have up to three minutes to
provide comment. Please address all comments to the Mayor or the Council
as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Jun 18, 2019 5:00
PM
2. City Council Meeting - City Council Regular Meeting - Jun 18, 2019
7:00 PM
B. Payment of Bills
C. Professional Services Agreement with Wood Environment and
Infrastructure Solutions, Inc. for Services in Connection with the South
224th Street Project - Authorize
D. Consultant Services Agreement for Transportation Master Plan Phase II
with Fehr & Peers, Inc.
E. Consultant Services Agreement for the South 228th Street UPRR
Grade Separation Bridge and Roadway Phase 5 Project with KBA, Inc -
Authorize
F. Grant Agreement with Washington Department of Commerce for Park
Improvements at Morrill Meadows Park – Authorize
G. King County Youth and Amateur Sports Grant Agreement for West
Fenwick Park - Authorize
H. New Connections of South King County Lease Agreement - Authorize
I. Interlocal Agreement with King County Flood Control District for Lower
Russell Road Levee - Authorize
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
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• The City Council will hold a special
workshop meeting on July 15, and a
special council meeting on July 30, both
at 5 p.m., to discuss and possibly take
action on a police-related measure for
the November ballot.
• The mayor, two city councilmembers,
and the CAO attended the Association of
Washington Cities’ annual conference in
Spokane last week, where the
association elected its officers and
updated its bylaws. The CAO is wrapping
up a two-year term on the association’s
board, representing the Washington
City/County Management Association.
Clerk’s Office
• The Clerk’s Office responded to 269
requests for public records from June 1 –
24, 2019.
• Deputy City Clerk, Katy McKee and Public
Disclosure Administrator, Tiffany Alcorn
recently attended the Washington
Association of Public Records Officer’s
2019 Spring training and received
updates on public records case law, Joint
Legislative Audit & Review Committee
reporting – State reporting requirements
for public records, and tips on performing
adequate searches, reasonable
estimates, and documenting fullest
assistance for public records requests.
• Records Management Administrator,
Alyne Hansen hosted a meeting for
department records management staff.
The meeting included updates on
archiving records, the implementation of
Laserfiche, contract management, and
training webinars available through the
Secretary of State Archives.
• Alyne also organized and sponsored the
Washington State Archives training “How
to Organize the File Room” here at the
City. Twenty-three employees attended
the training presented by Jaime Ganzel,
Records Consultant. In May, three other
employees attended this same training in
Federal Way.
Communications
• We have hired a communications intern,
Sydney Bathurst, to work 20 hours a
week through the end of August. She will
help with day-to-day communications
functions, including social media
support, event promotion and writing
and content generation, while sharing
ideas and suggestions from a youthful
perspective.
Uriel Varela is currently working with
Councilmember Fincher on an Equity and
Inclusion speaker series that will be open
to the public. Uriel is currently in
negotiations with Sylvia Mendez, a
Presidential Medal of Freedom recipient,
who would be the first speaker of the
series. At age eight, Mrs. Mendez played
an instrumental role in the Mendez v.
Westminster case, the landmark school
desegregation case of 1946.
ADMINISTRATION
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• Two new neighborhoods will be
introduced at Kent City Council on July
16. Westview Meadows consisting of 20
households and Hawkesbury II & III
consisting of 68 households. These
neighborhoods are both located on the
East Hill. This will make 46
neighborhoods participating in Kent’s
Neighborhood Program.
Current Planning
• Planners continue to review a large
number of land use applications, and
respond to a high volume of daily
customer inquiries. Nearly 150 land use
applications have been submitted so far
in 2019, putting us on pace for the
busiest year since the peak of the
housing boom.
• Dan Blincoe and Erin George again
served as panelists critiquing
undergraduate students’ urban design
proposals at UW Tacoma this semester.
The students were assigned a piece of
contaminated Tacoma Public Utility
property and tasked with reimagining
the space. The student designs were
creative and thoughtful, and staff
enjoyed the opportunity to give
constructive feedback.
Planning/Rental Housing Inspection Program
• RHIP staff visited 24 non-responsive
properties last week on the NE Hill to
remind them of the inspection
requirements for 2019. The in-person
contact appears to have been effective,
as 11 of the 24 owners have now
scheduled their inspections.
Economic Development
• Economic development has been helping
get the word out for the ACES Northwest
Network South King County Community
Sounding Board event, which took place
June 27 from 3:00 to 6:30 PM at the Des
Moines Beach Park Event Center. Rep.
Jake Fey, Chair of the WA state House
Transportation Committee, was a guest
speaker and topics included transit
desert issues, and how emerging
technologies supported by
government/business collaboration can
address them.
• ECD Director Kurt Hanson, Chief
Economic Development Officer Bill Ellis
and Mayor Ralph met with
representatives of ProLogis, the largest
property holder in Kent Valley, at their
newest multistory warehouse facility in
Georgetown, Seattle to talk about the
changing industrial marketplace in the
region.
• With support from Economic
Development, Space Frontier Foundation
(Students for the Exploration and
Development of Space) will stage a job
fair at Green River College campus at
Kent Station, as a breakout event of the
New Space Conference being held this
year in the Kent Valley. Lodging Tax
funds will be used to fly university
students from around the nation in to
attend the multi-day event. Kent is also
working with organizers to connect with
local and regional students.
Long Range Planning
• City staff led the third Rally the Valley
Advisory Panel meeting, focused on
public realm improvements including
parks, trails and transportation.
Discussion focused on activating
underused spaces, making better use of
existing assets, and the practicality
trade-offs of various ideas. Follow up
emails from panel members included
commendations on the knowledge and
expertise of city staff; ECD staff are
particularly grateful to Parks and PW
staff for their engagement in this effort.
Permit Center/Building Services
• June Statistics:
New Applications – 407
Permits Issued – 380
Plan Checks Completed – 570
Inspections – 985
ECONOMIC AND COMMUNITY
DEVELOPMENT
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• The State Auditors have finished Part 1
of the annual audit, the audit of the City’s
financial statements. The audit
report/opinion will be issued this week,
and we are happy to report that there
were no audit findings, no management
letter comments, and no exit items for
the 2018 audit. This victory belongs to
staff in every department. To those staff
who create purchase orders, to staff who
review journal entries, to those who
create reports and monitor expenses, to
all those who touched the City finances,
all of us had a part in this. The Finance
Department thanks and appreciates all of
our City staff who have worked with us
to make this happen.
• Part 2 and Part 3 of the audit will now
commence. The remaining audits are 1)
the Single Audit and 2) the
Accountability audit. For the Single
Audit, the State Auditors team will be
determining which major federal
programs they will be auditing, and will
be working with the departments on
those programs. For the Accountability
audit, SAO will be working with many
different groups in the City to determine
if the City has good policies and
procedures, and if we follow those
policies and procedures. Robert
Goehring, our internal auditor, will be a
big player in this audit, and will be
helping to facilitate this audit. He will
provide appropriate notifications to the
departments regarding the specific scope
of the audit.
• The biennium budget process is
underway. Departments have submitted
requests for unforeseen operating
requests and other capital requests. The
process will be different this year, with
the Mayor, CAO, Executive Leadership
Team and the budget team working
together to help decide on the final
budget product.
• The Asset and Workorder Replacement
project (Cityworks) will replace the City’s
current end of life asset management
system helping to drive efficiency by
automating workflow through the
integration of GIS and the deployment of
mobile work application capabilities
reducing production time and asset total
cost of ownership while aiding the City’s
strategic planning public works assets.
• Staff are working to identify, procure,
and implement a recreation
management system for Parks’
recreation staff to input, manage and
maintain customer accounts,
memberships, programs, facility rentals,
and leagues in support of its operations.
• Information Technology operational
support for June 11 – 25, included 294
open tickets and 283 closed tickets.
• Negotiated a settlement agreement with
the owners of El Habanero Restaurant
that resulted in them voluntarily
withdrawing their business license and
selling the business. This agreement
came after a several months long
investigation that revealed the owners
were engaging in unlawful activity to
include serving minors, failing to pay city
and state taxes, employing unlicensed
bartenders and security guards, paying
employees under the table, and
permitting rampant drug use throughout
the restaurant.
• Conducted interviews to fill a vacant civil
paralegal position within the
department.
• Addressed and resolved a permitting
issue related to Kent Supportive
Housing, which is a development that will
break ground on the west hill of Kent off
of 240th.
• Concluded negotiations of a contract
with Axon to purchase 105 body-worn
cameras, tasers, and related web-based
evidence storage services.
• Assisted the Human Resources
Department in negotiating a
INFORMATION TECHNOLOGY
LAW
FINANCE
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memorandum of understanding between
the City and the KPOA to address the
impacts of body-worn cameras.
• Assisted the Public Works Department in
strategizing for the delivery of a letter to
the Department of Ecology to address
issues related to the Landsburg Mine and
Clark Springs.
• Prosecutors prepared 154 cases for trial
in June, with 5 proceeding to trial. Of
those five trials, two resulted in
convictions, one resulted in the jury
being unable to reach a decision, and two
resulted in not guilty findings. Issues
concerning witnesses likely contributed
to the not guilty findings.
Recreation
• More than 48 community volunteers
made a huge difference this spring, in
the lives of 318 young T-ball and Toss
Ball players participating on 24 teams.
This committed group of volunteers
teach, mentor, encourage and cheer for
every aspiring athlete as they practice
and play games 3-4 hours per week for
a 13-week season. These players, most
wearing shirts to their knees, hats that
spin on their small heads, swinging the
bat and often missing the “T”, usually
more worried about whether the game
snack is oranges or cupcakes are our
future fast pitch and baseball players!!
Besides being a lot of fun, this is where
they begin to learn the value of
sportsmanship, commitment to team,
hard work, health and fitness and lots of
practice. Our volunteer coaches are Kent
residents making a significant
contribution to kids’ lives.
Human Services
• Staff attended Community Conversation
hosted at the Kent Commons by UW
Director of Healthcare Equity Paula
Houston. Facilitators encouraged
community participants to share
personal experiences, opinions about
healthcare delivery, and what affects
where and when to seek healthcare.
Feedback will be used to better
understand barriers, help improve
services, build trust and improve equity.
Common concerns included a lack of
diversity among practitioners, a lack of
cultural knowledge and understanding,
lack of sensitivity, and difficulty
navigating care and insurance.
• Staff attended a South King County
briefing on redesigning the
homelessness system in King County.
The conversation was geared to
providers and human services planners
and presenters included staff from King
County, All Home, and consultants
assisting with the process. The redesign
is solving for issues like fragmentation,
funding difficulties, poorly articulated
successes, a growing problem, and no
shared theory of change. The system is
not currently optimized towards equity
and improved outcomes for people
experiencing homelessness. The first five
steps include 1) adopt a systemwide
theory of change, 2) become
accountable to customers, 3) consolidate
the homelessness response systems
under one authority, 4) create a defined
public/private partnership utilizing a
funders collaborative model, and 5)
develop a regional action plan.
Staff Changes
• Lateral Police Officer Beau Mattheis
starts on July 3.
Significant crime activities/arrests/investigations
• On June 14, officers were dispatched to
a welfare check of a suspect in a city
park. The suspect was found passed out
among drug paraphernalia and stolen
property that was taken from a recent
residential burglary. The suspect was
booked and the stolen property was
returned to the owner.
• On June 16, officers were dispatched to
a report of unwanted subjects at the
Berkeley Heights Apartments. Two
suspects were passed out, with drug
paraphernalia, inside a car. Both
POLICE
PARKS, RECREATION, AND
COMMUNITY SERVICES
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suspects gave false names and were
arrested. One suspect had three active
warrants and was featured on King
County's most recent "Top 10" most
wanted bulletin for his vehicle theft
warrant. The other suspect had four
active warrants.
• On June 16, officers were dispatched to
a tip regarding a wanted suspect in a city
park. Upon arrival, the suspect was
located and arrested for an outstanding
warrant. During the search with the
arrest, a large quantity of suspected
stolen property (IDs, credit cards,
checks, etc.) were found in the suspect's
backpack.
Major emphasis patrol
• Officers conducted a John sting on June
10. Eight men were arrested for
patronizing a prostitute and seven
vehicles were towed with prostitution
holds ($3,500 in fees due to the city).
• Officers performed a racing emphasis on
June 14 by statically placing two officers
at two racing zones in the city. During
the time of the emphasis, only two racer
type vehicles entered the area of S.
190th/62nd Ave. Officers issued three
citations to vehicles in the area of
180th/EVH. It appears our visible
deterrent in the racing areas worked.
There were no racer calls from Valley
Comm after the emphasis was complete.
School issues
• Graduations were held June 15 and
there were no issues.
Design
• Under Deck Lighting at James: Application
for General Permit signed by WSDOT. Public
Art Plan approved. Contract to be advertised
Jun 25. Bids to be opened Jul 9.
• 212th East Valley Highway to 76th:
Submitted project prospectus to WSDOT.
Design progressing on signal plans, ADA
ramps and Maximum Extent Feasible (MEF)
documentation.
• 4th and Willis Roundabout and Joint Utility
Relocation projects: Working on
construction agreements with utility
companies (Puget Sound Energy and
Comcast). Century Link to perform work
separately from Joint Utility contract.
Received preliminary stormwater report.
• West Hill Reservoir: Conditional Use
Hearing, held Jun 19. Findings to be shared
Jul 5.
Environmental
• Meara Heubach is starting with the City on
July 1, and we are looking forward to her
helping us with improving multifamily
recycling rates along with working on other
solid waste, recycling and habitat programs
and projects.
• The Flood Control District Executive
Committee recommended approving the
Interlocal Agreement (ILA) with the City for
the Lower Russell Road Project. This allows
the first phase of construction to begin this
summer. The City Council will review the ILA
at the July 2 meeting.
• Staff has been working with our construction
engineering section and the Soos Creek
Water and Sewer District to correct two
sewer hookups which were mistakenly
attached to stormwater pipes on the west
side of Lake Meridian. Soos Creek is doing
the repair work.
• We received approval from the National
Marine Fisheries Service and the US Fish and
Wildlife Service for credit on previous
property acquisitions upstream of the Clark
Springs Water Supply towards our
requirements in the Clark Springs Water
Supply Habitat Conservation Plan (HCP).
This is part of a Habitat Conservation Fund
included in the HCP.
PUBLIC WORKS
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Land Survey & GIS
• The Land Survey field staff are providing
construction staking for the 228th St.
Floform Driveway and also the 224th St.
corridor retaining wall and channelization.
They are also providing topography
information for the HCP Summit Landsburg
Culvert replacement. Land survey office
staff have been supporting projects by
reviewing plans, calculating boundaries &
writing easements for the Lower Russell
Road Levee and the Linda Heights Pump
Station. The GIS department (Geographic
Information System) has actively been
transferring city data to layer files for easy
accessibility on various web applications.
Staff have also met with the Parks
Department for geodatabase discussions to
help with GIS parcel inventory projects. The
GIS supervisor has completed writing the
draft Service Level Agreement (SLA) for the
Finance Department and it is currently
under review. Resource assistance to PW
Signs Department for collecting sign
inventory data – 4,622 signs collected to
date.
Construction
• LID 363: S 224th St Improvements – 84th
Ave S to 88th Ave S (Ph 1): 84th to SR 167
– the traffic island at 84th Ave is complete.
Channelization including traffic signs are
scheduled to finish this week. SR 167
Bridge – median barrier concrete pour
scheduled for June 25. Pedestrian railing,
channelization, and traffic signs begin this
week and will finish in the next few weeks.
SR 167 to 88th – manholes and catch basin
casting adjustments, channelization, and
traffic signs to finish next week.
• LID 363: S 224th St improvements – 88th
Ave S/S 218th St improvements – S 222nd St
to 94th Pl S (Ph 2): SE retaining wall forming,
rebar placement, and pouring are ongoing.
Eighteen-inch water main installation and
testing is complete with tie-in this week.
Twelve-inch water main installation and
South tie-in are complete on 88th Ave. The
North tie in is scheduled for June 25. Base
course placement and concrete curb and
gutter on 88th Ave and S 218th St to 93rd
Ave. will finish this week. Pavement
placement is scheduled for July 1. S 218th St
from 93rd to 94th Pl will close on July 8 and
is expected to reopen by September 30.
• Lake Meridian Estates Storm Drainage
Improvements, Ph 2: The contractor has
completed the remaining large diameter
storm pipe installation. Roadway restoration
is ongoing, and crews are working extended
hours in order to complete restoration and
cleanup prior to the upcoming July 4
holiday.
• Upper Mill Creek Dam Improvements and
Diversion Structure Replacement: The 104th
Ave S closure will remain in place until
September. PSE transmission power lines
will be de-energized weekdays Monday,
June 17 to Tuesday, June 25 for a portion of
the sheet pile installation.
• Valley Signal System Upgrade: The
replacement of old copper communication
wiring with fiber optic cable is beginning this
week on 64th Ave S. The crew is scheduled
to complete 64th Ave S on June 27 and
proceed to S 212th St on June 28. 68th Ave
S will follow.
• 2019 Paint Line Striping and Raised
Pavement Markers Replacement: The
balance of the paint striping work will begin
on July 1 at multiple locations throughout
the City.
• 2019 Plastic Markings: Current activities are
taking place at night in multiple locations
throughout the City, weather permitting.
The project may be substantially complete
by the end of this week.
• 2019 Asphalt Overlays: Grind and pave
work this week in the Parkside
neighborhood, Reiten Road, Copper Hill and
100th Ave SE. S 208th night paving to
commence July 8. The white sheets
(pictured) are reinforcing fabric that go
under the asphalt for stability and longevity.
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• 2019 Sanitary Sewer CIPP Lining: Lining to
begin on June 27 in the Linda Heights
neighborhood. Project limits are from S
240th St to S 251st Pl between Military Rd
and I-5. Mailers, door hangers, variable
message signs, and social media employed
to notify the public.
• Green River Natural Resource Area (GRNRA)
Storm Water Force Main: Large diameter
storm pipe installation is scheduled to begin
on July 8, beginning on Russell Rd and will
proceed through the Hogan Park North
parking lot.
Streets
• Street maintenance and concrete crews are
paving on 80th Pl S and the concrete crew
will be also paving around the traffic island
on SE 256th St.
• The street signs and markings team are
setting out signage for Cornucopia Days and
the Splash on July 4. The retro reflectivity
crew will be focusing on signs and locates on
SE 256th St and 116th Ave SE. The solid
waste crews will be removing debris and
illegal signs on 132nd Ave SE, Hwy 99 and
on S 236th St.
• Vegetation crews will be performing
maintenance at Kent water sites and
drainage areas city wide. Street vegetation
is working on James St and on Veterans Dr.
as well as focusing on traffic islands and
mow strip maintenance. Our sidearm
mowers will be focusing primarily on Frager
Rd S, Kent Kangley Rd, SE 256th St and
124th Ave SE before moving on to adjacent
roadways. Wetland maintenance crews will
be performing spring maintenance at
various wetland and drainage locations and
wetland mitigation crews continue their
work at the GRNRA nursery and building
irrigation at the Frager Rd Upper Mill Creek
Dam as well as assisting on Veterans Dr.
Weather depending, the spray truck will be
out on E Valley Hwy, S 212th St, S 208th,
Meeker and James St.
Water
• Staff are working with our contractor to
wrap up the Kent Springs generator
replacement project. The new backup
generator is in service and well pumps are
up and running. Staff are evaluating water
connections on S. 212th Street between
West Valley and East Valley Highways for
any needed improvements ahead of the
2020 paving project.
Storm
• Storm crews will be cleaning lines in
advance of the TV Truck on 132nd Ave SE,
144th Ave SE, SE 273rd St and SE 283rd Pl,
removing debris from the pipe so that clear
video can be taken of the structure’s
interior. Crews will be pumping sediment
from sumps in storm structures on S 259th
Pl and S 260th St and then assessing an
outfall on 152nd Ave SE and another in the
area of 64th Ave for structural and water
quality integrity per the National Pollutant
Discharge Elimination System (NPDES)
federal guidelines. Crews are also
performing manhole change-outs on
Canyon Dr and on W Morton St and
installing a trash rack at Olympic Skyview
Apartments and a beehive at Kent Meridian.
Sewer
• Sewer crews are cleaning sewer lines south
of S 196th St and performing TV inspections
of the storm system on SE Kent Kangley Rd,
132nd Ave SE, E 256th St, S 212th St and S
196th St by camera. They are also doing
manhole frame and lid change-outs on 116th
Ave SE and S 248th St.
Fleet/Warehouse
• Fleet is busy repairing seasonal equipment
such as mowers, pavers, vactors and dump
truck; along with normal equipment repairs.
• Warehouse staff continue CDL training,
fulfilling work orders and maintaining supply
levels and repairing small equipment.
# # #
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DATE: July 2, 2019
TO: Kent City Council
SUBJECT: Public Hearing on the Development Agreement between
the City of Kent and Blue Origin, LLC and its affiliate Blue
Properties, LLC
MOTION: Approve and authorize the Mayor to sign the development
agreement between the City of Kent and Blue Origin LLC and its affiliate
Blue Properties, LLC to address improvements to 76th Avenue South and
storm water mitigation facilities, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: Blue Origin, LLC, maintains its engineering, manufacturing and
business headquarters in Kent at 21218 76th Avenue South, Kent, WA 98032. The
company is in the process of constructing a new research and development facility
on 76th Avenue South between South 212th Street and South 228th Street on
property identified as King County Parcel Numbers 1222049018-07, 1222049019-
06, 222049127-05 and 1222049128-04. This project requires Blue Origin to
dedicate property for storm water storage and construct the facilities to store the
water as a condition of its development.
76th Avenue South in the area that the project is accessed can become submerged
with water during storm and other events due to high flows in Mill Creek. As a
result, the City has identified the need to raise 76th Avenue South in its 2019-2024
Six-Year Transportation Improvement Program.
As a condition of development, Blue Origin is required to construct half-street
improvements to the portion of 76th Avenue South abutting its property to account
for the impacts of its development. Due to the flooding events, the half-street
improvements include the requirement that the western one-half of the road be
raised. The City is not prepared to raise the eastern one-half of 76th Avenue South
at this time. Since there is no way of raising the western one-half of the roadway
without also raising the eastern one-half of the roadway, the City and Blue Origin
have negotiated a creative resolution that will benefit both parties.
In accordance with the development agreement, Blue Origin will make temporary
improvements to 76th Avenue South that will be completed prior to the issuance of
its occupancy permit. It is estimated that the storm water facilities being
constructed by Blue Origin will have the capacity to store storm water in excess of
6.A
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that required for Blue Origin’s development. The City has determined that the value
of this excess storage capacity exceeds the costs of constructing improvements to
the entire width of 76th Avenue South. In light of this, Blue Origin has agreed to
provide the excess water storage capacity to the City of Kent which will be used by
the City when it raises the entire width of 76th Avenue South. Without access to
this storage capacity, the City would be unable to construct the improvements to
the eastern one-half of 76th Avenue South.
In summary, through this development agreement, Kent will allow Blue Origin to
forgo permanent half-street improvements to 76th Avenue South. In return, Blue
Origin will dedicate water storage capacity to Kent which will be used when Kent
constructs improvements to the entire width of 76th Avenue South.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government, Sustainable Services
ATTACHMENTS:
1. Development Agreement between Blue Origin and the City of Kent (PDF)
6.A
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Development Agreement Between
Blue Origin, LLC & City of Kent Page | 1
DEVELOPMENT AGREEMENT
BETWEEN BLUE ORIGIN AND THE CITY OF KENT
The City of Kent, a Washington municipal corporation, and Blue Origin, LLC, a Washington
limited liability company, on behalf of itself and its affiliate Blue Properties, LLC, enter into the
following development agreement in accordance with Chapter 36.70B RCW to address certain
project elements and requirements relating to Blue Origin’s construction of a research and
development facility that will be located on 76th Avenue South, between South 212th Street and South
228th Street in the City of Kent.
I. DEFINITIONS
When used in this Agreement, the following words and phrases shall have the meanings that
follow:
1. “Agreement” means this Development Agreement between Blue Origin, LLC and the City of
Kent.
2. “City” means the City of Kent, WA.
3. “Developer” means Blue Origin, LLC, on behalf of itself and its affiliate Blue Properties, LLC.
4. “Fee-in-Lieu” means a fee equal to the cost of constructing Half-Street Improvements which
is paid instead of constructing the Half-Street Improvements.
5. “Half-Street Improvements” means the construction and dedication of improvements such as
but not limited to: earthwork and excavation; paving or concrete work; street channelization
and signing; street lighting systems; curbs, gutters, sidewalks, and landscaping; storm drainage
systems; sanitary sewer systems; domestic water systems; traffic control systems; conduit and
fiber optic systems; and/or other improvements necessary for the Project to meet the 2009 City
of Kent Design and Construction Standards for an Industrial Collector Arterial Street; along
with dedication of property for adequate rights-of-way and easements necessary to construct
such improvements.
6. “KCC” means the Kent City Code.
7. “Party” or “Parties” means the City and the Developer collectively.
8. “Project” means the research and development facility and all of its appurtenances such as but
not limited to its parking areas, open spaces, Storm Water Mitigation Facilities, etc., that will
be built by Developer on property identified as King County Parcel Numbers 1222049018-07,
1222049019-06, 1222049127-05 and 1222049128-04 and which are depicted in the Plans.
9. “Plans” means the plans for the Project as reflected under Permit Number RECC 2172124, that
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Development Agreement Between
Blue Origin, LLC & City of Kent Page | 2
were approved by City Engineer Chad Bieren on April 3, 2019, and are titled “Blue Origin
Development” as well as frontage improvement plans approved by the City under the same
permit number
10. “RCW” means the Revised Code of Washington.
11. “TIP Project Number 23” means, the work and materials for improvements to the entire width
of 76th Avenue South associated with Project Number 23 of the City’s 2019-2024
Transportation Improvement Program, including but not limited to: earthwork and excavation;
paving or concrete work; street channelization and signing; street lighting systems; curbs,
gutters, sidewalks, and landscaping; storm drainage systems; sanitary sewer systems; domestic
water systems; traffic control systems; conduit for electric and fiber optic systems; and other
ancillary improvements, excluding the improvements required of Developer as described in
Subsection III.1.(a).
12. “Storm Water Mitigation Facilities” means the storm drainage detention and outflow control,
storm drainage water quality, and flood plain compensatory storage facilities depicted in the
Plans.
II. BACKGROUND - RECITALS
1. The City is a municipal corporation incorporated under Title 35A of the laws of the State of
Washington. The City has the authority to enact laws and enter into agreements to promote the
health, safety and welfare of its citizens.
2. Developer maintains its engineering, manufacturing and business headquarters within the Kent
City limits, with its principle office located at 21218 76th Avenue, Kent, WA 98032.
3. Developer will be building a new research and development facility and associated
appurtenances on property identified as King County Parcel Numbers 1222049018-07,
1222049019-06, 222049127-05 and 1222049128-04. Plans for the Project are reflected under
Permit Number RECC 2172124, were approved by City Engineer Chad Bieren on April 3, 2019,
and are titled “Blue Origin Development”. The Plans are on file with the City of Kent and are
incorporated into this Agreement by this reference.
4. During construction and once completed, the Project will be accessed by way of 76th Avenue
South between South 212th Street and South 228th Street.
5. The Parties are aware that 76th Avenue South in the area that the Project is accessed may, from
time-to-time, become submerged with water during storm and other events due to high flows in
Mill Creek. Developer currently occupies property at other locations on 76th Avenue South
between South 212th Street and South 228th Street and has experienced events in which 76th
Ave South has been submerged, necessitating temporary street closures. In addition, the City
has identified the need to raise 76th Ave South in its 2019-2024 Six-Year Transportation
Improvement Program. Raising the elevation of the roadway should eliminate most
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Development Agreement Between
Blue Origin, LLC & City of Kent Page | 3
submergence events.
6. In accordance with state and City laws, Developer is required to mitigate the impacts of the
Project by providing Half-Street Improvements up to the centerline of the roadway abutting the
Project. In this instance, Half-Street Improvements would be required on the western side of
76th Avenue South only.
7. While Developer is responsible for the Half-Street Improvements on the western side of 76th
Avenue South, it is not responsible for improvements to the eastern side of 76th Avenue South.
Because the elevation of 76th Avenue South must be raised due to water that collects over 76th
Avenue South, Developer’s Half-Street Improvements cannot be constructed without also
raising the elevation of the eastern side of 76th Avenue South and reconstructing the eastern side
of 76th Avenue South. Raising the eastern side of 76th Avenue South will be the responsibility
of the City (unless that responsibility falls on a property owner who develops property on the
east side of 76th Avenue South).
8. While Developer is responsible for Half-Street Improvements on western side of 76th Avenue
South, due to the fact that 76th Avenue South must be raised, improvements to the entire width
(both sides) of 76th Avenue South must occur simultaneously.
9. Timing is of the essence for Developer, and there is a concern that improving the entire width
of 76th Avenue South during Project development may delay the Project. In addition, having
contractors from both the City and Developer constructing improvements to the east and west
sides of 76th Avenue South at the same time may result in contractor conflict and delays,
increasing the expense of the improvements to 76th Avenue South. While the Kent City Code
allows the City to assess a fee in lieu of constructing Half-Street Improvements on the western
side of 76th Avenue South, the Parties have instead agreed on a more beneficial and economical
solution that will assist both Parties, and result in a cost savings to both Parties.
10. Per the Plans, construction of the Project requires the Developer to build facilities to account for
storm drainage detention and outflow control, storm drainage water quality, and flood plain
compensatory storage. Developer is constructing these Storm Water Mitigation Facilities on its
Project site. The Storm Water Mitigation Facilities being constructed by the Developer provide
the necessary storm drainage detention and outflow control, storm drainage water quality, and
flood plain compensatory storage for the Project site as well as the Half-Street Improvements
on the western side of 76th Avenue South. The Storm Water Mitigation Facilities will have
excess capacity for additional water. The Parties have agreed that it is in the interests of both
the Developer and City for the Developer to dedicate any excess capacity of the Storm Water
Mitigation Facilities to the City for the purposes of providing the Storm Water Mitigation
Facilities for future construction of improvements to 76th Avenue South in accordance with the
2019-2024 Six-Year Transportation Improvement Program. This is so because obtaining
property and facilities to store roadway runoff on another property for these improvements to
76th Avenue South would be costly to the City. Moreover, requiring the Developer to construct
the Half-Street Improvements on the western side of 76th Avenue South, which would trigger
contemporaneous improvements to the entire width of 76th Avenue South, would cause delay
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Development Agreement Between
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and added cost to the Project.
11. In summary, this Agreement requires Developer to construct limited temporary improvements
to 76th Avenue South in accordance with the Plans, which will allow for access to the Project
during and after construction and also maximize the capacity of the Storm Water Mitigation
Facilities so that there is excess capacity of the Storm Water Mitigation Facilities for use by the
City. Developer will not be required to construct the permanent Half-Street Improvements, and
in exchange, Developer will grant any excess capacity of the Storm Water Mitigation Facilities
exclusively for the future construction of improvements to 76th Avenue South in accordance
with the 2019-2024 Six-Year Transportation Improvement Program.
12. Valuable consideration for this Agreement lies in the form of the Developer’s dedication of the
excess capacity of the Storm Water Mitigation Facilities to the City for construction of
improvements to 76th Avenue South. The Parties recognize that consideration is adequate, as
the City would not have the resources to purchase property and construct facilities for the
purposes of storm drainage detention and outflow control, storm drainage water quality, and
flood plain compensatory storage, and thus, TIP Project Number 23 would not be constructed
for many years.
13. This Agreement is authorized by RCW 36.70B.170 through .210 (the “Development
Agreement Statute”) and KCC Section 15.08.450. This Agreement is also authorized by the
City’s general police power and contracting authority.
14. This Agreement will not be approved until after a public hearing and approval by the Kent
City Council, and once approved by the City Council and executed by the Parties, the Agreement
will be recorded in the real property records of King County, Washington.
15. All Recitals and incorporated documents referenced in this Agreement shall be considered as
material terms of this Agreement.
III. TERMS OF AGREEMENT
1. Obligations of Developer.
a) Temporary and Permanent Improvements to 76th Avenue South Constructed by
Developer.
Developer shall, at its sole cost, construct temporary improvements in accordance with the
Plans to 76th Avenue South to allow safe ingress and egress to the Project site both during
construction, and following occupancy for the period before the completion of TIP Project
Number 23. The design documents for these temporary improvements have been
submitted by Developer (Permit Number RVS4-2191662). In addition, Developer will be
required to construct such improvements and systems within 76th Ave South, including but
not limited to water mains, storm drainage conveyance systems, etc., as necessary to serve
the Project during construction and following occupancy for the period before the
completion of TIP Project Number 23 (“Permanent Improvements”).
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Development Agreement Between
Blue Origin, LLC & City of Kent Page | 5
b) Dedication of Facilities and Capacity for Storm Drainage Detention and Outflow
Control, Storm Drainage Water Quality, and Flood Plain Compensatory Storage for
TIP Project Number 23 and Other Road Projects.
Developer is obligated to construct Storm Water Mitigation Facilities in accordance with
the Plans. The following additional obligations of Developer apply:
i. Developer shall allow access to the City, upon being given a five (5) day notice by
the City, for the purposes of inspecting the Storm Water Mitigation Facilities during
construction to ensure that the capacity of the Storm Water Mitigation Facilities is
maximized.
ii. The Storm Water Mitigation Facilities will have capacity in excess of that required
for the Project. Any excess capacity of the Storm Water Mitigation Facilities
constructed by Developer shall, in perpetuity, be reserved for the sole purpose of
the storm drainage detention and outflow control, storm drainage water quality, and
flood plain compensatory storage required of TIP Project Number 23, regardless of
who constructs the TIP Project Number 23. In the event TIP Project Number 23
does not utilize all of the excess storm drainage detention, storm drainage water
quality, and flood plain compensatory storage, the remaining excess shall remain
available, in perpetuity, solely to the City for use solely in road improvements that
occur within one quarter of a mile of the Project site measured in a straight line.
The excess capacity of the Storm Water Mitigation Facilities shall not be available
or used for any other purpose.
iii. Developer shall allow access to the City, upon being given a five (5) day notice by
the City, to its property for the purposes of storm water conveyance in connection
with TIP Project Number 23.
iv. Developer shall retain responsibility for the maintenance of and the cost of
maintenance of the Storm Water Mitigation Facilities notwithstanding their use for
TIP Project Number 23 or other improvements made in accordance with this
Agreement.
v. The requirements of this Agreement shall run with the land and shall be binding on
Developer’s successors in interest.
vi. Developer shall execute reasonable and necessary easements in favor of the City
which allow the City to utilize the Storm Water Mitigation Facilities in accordance
with this Agreement. Developer shall provide the legal descriptions necessary to
identify the properties subject to the easements. The easements shall be recorded
in the real property records of King County, Washington, as necessary to disclose
this Agreement on title to the Property. However, the failure to prepare or record
the easements shall have no bearing on the enforceability of any provision of this
Agreement against the Parties or any of their respective heirs, assigns, successors,
legatees, representatives, receivers and trustees.
vii. Upon completion of construction of the Storm Water Mitigation Facilities,
Developer shall provide the City with drawings which confirm the as-constructed
excess capacity of the Storm Water Mitigation Facilities to be dedicated for City
use in accordance with this Agreement. Such drawings shall be subject to review
and approval of the City, which shall not be unreasonably withheld.
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Development Agreement Between
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c) Penalty for Non-Performance or Breach.
i. Satisfaction of the requirements set forth in this Agreement constitute satisfaction
of the requirement that Developer construct Half-Street Improvements on 76th
Avenue South or pay a Fee-In-Lieu.
ii. Developer waives any administrative or legal challenge it may have in regard to its
obligation to construct the Half-Street Improvements on western side of 76th
Avenue South or pay a Fee-In-Lieu.
iii. In the event Developer fails to comply with a material term of this Agreement,
Developer shall pay to the City the reasonable costs of acquiring property for the
purposes of constructing storm drainage detention, storm drainage water quality,
and flood plain compensatory storage for TIP Project Number 23, and for designing
and constructing the Storm Drainage Detention, Storm Drainage Water Quality,
and Flood Plain Compensatory Storage facilities for TIP Project Number 23. The
property acquired and the storm drainage detention, storm drainage water quality,
and flood plain compensatory storage facilities constructed shall be in a location
suitable to serve TIP Project Number 23. The foregoing notwithstanding, in no
event shall the Developer’s total liability to the City for costs under this section
exceed the Fee-in-Lieu valued as of the effective date of this Agreement at
$2,112,000 (1,320 LF X $1,600/LF) and adjusted for year of construction using
cost escalation based on the Engineering News Record Construction Cost Index for
Seattle-Everett-Tacoma. For the purposes of this section the phrase “material term”
means Sections III.1.a, III.1.b.ii, III.1.b.iv, and III.1.b.vi of this Agreement;
provided, this section shall not be interpreted as a limitation of remedies for the
breach of any other provision of this Agreement.
2. Effective Date and Term. This Agreement shall go into full force and effect upon approval
of the Kent City Council and execution by the parties. This Agreement shall be in effect for a
period of twenty (20) years following the date of signature by the Parties; provided, the
obligation of the Developer to provide for the use of the excess capacity of the Storm Water
Mitigation facilities constructed by Developer shall be reserved for the sole purpose of the
storm drainage detention, storm drainage water quality, and flood plain compensatory storage
required of TIP Project Number 23 in perpetuity; and provided further, that in the event TIP
Project Number 23 does not utilize all of the excess storm drainage detention, storm drainage
water quality, and flood plain compensatory storage, the remaining excess shall remain
available to the City in perpetuity for use in road improvements that occur within one quarter
of a mile of the Project site measured in a straight line.
3. Vesting. The Project was previously deemed vested to storm water regulations in existence as
of the date of the issuance of the grade and fill permit (RI26 2163906) on October 14, 2016.
To the extent permitted by law, the improvements to 76th Avenue South shall be deemed vested
to the same date as the civil construction permit. Notwithstanding the provisions of this
Agreement, and in accordance with RCW 36.70B.170(4), authority is reserved to the City to
impose new or different regulations to the extent reasonably required to counter a serious threat
to public health and safety.
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4. Construction of Documents. In the event there are any conflicts or ambiguities between the
terms of the body of this Agreement and the terms of any incorporated documents, the terms of
the body of this Agreement shall control.
5. Indemnification. Except as otherwise specifically provided in this Agreement, each Party
shall protect, defend, indemnify and hold harmless the other Party and their officers, directors,
agents, and employees, or any of them, from and against any and all claims, actions, suits,
liability, loss, costs, expenses (including reasonable attorney’s fees), and damages of any
nature whatsoever, which are caused by or result from any negligent act or omission of the
Party’s own officers, agents, and employees in performing services pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss, or damage is brought against a
Party, the Party whose sole negligent actions or omissions gave rise to the claim shall defend
the other Party at the indemnifying Party’s sole cost and expense; and if final judgment be
rendered against the other Party and its officers, directors, agents, and employees or be
rendered jointly against the Parties and their respective officers, agents, and employees, the
Party whose sole negligent actions or omissions gave rise to the claim shall satisfy the same;
provided that, in the event of concurrent negligence, each Party shall indemnify and hold the
other Party harmless only to the extent of the indemnifying Party’s negligence, and in that
instance each Party shall be responsible to pay all of its own legal fees and costs. The
indemnification to the City hereunder shall be for the benefit of the City as an entity, and not
for members of the general public.
6. Authority. Each signatory to this Agreement represents and warrants that he or she has full
power and authority to execute and deliver this Agreement on behalf of the Party for which he
or she is signing, and that he or she will defend and hold harmless the other Parties and
signatories from any claim that he or she was not fully authorized to execute this Agreement
on behalf of the person or entity for whom he or she signed. Upon proper execution, this
Agreement will have been duly entered into by the Parties, will constitute as against each Party
a valid, legal and binding obligation that shall run with the land, and will be enforceable against
each Party in accordance with the terms herein.
7. Recording/Binding Effect/Assignability. This Agreement shall be recorded in the real
property records of King County, Washington, as necessary to disclose this Agreement on title
to the Property. It is mutually agreed that the terms of this Agreement touch and concern the
land and shall be covenants running with the land. This Agreement shall run with the land as
binding on the Parties and their respective heirs, assigns, successors, legatees, representatives,
receivers and trustees and shall continue during and following the development, lease or transfer
of ownership of all or any part of the Property during the term of this Agreement.
8. Agreement Consistency with RCW 82.02.020. The mitigation and dedications established by
this Agreement are consistent with the requirements of RCW 82.02.020 and mitigate the direct
impacts that have been identified as a consequence of the Project. Neither Developer nor any
assignee shall assert a claim against City asserting that (i) the City lacked a legal basis for
imposing the agreed-upon mitigation or dedications; (ii) that the mitigation or dedications
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Development Agreement Between
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lacked sufficient nexus or proportionality with the identified impacts of the Project; or (iii) that
the mitigation or dedications were greater than if they had been calculated using alternate
rationales or formulae.
9. Delays – Force Majeure. If either Party is delayed in the performance of its obligations in
this Agreement due to Force Majeure, then performance of such obligation shall be excused
for the period of delay. The term Force Majeure as used herein shall mean extraordinary
natural events or conditions such as war, war-like acts, riot, labor strikes, or other causes
beyond the reasonable control of the obligated party. The City’s or Developer’s inability to
fund or otherwise construct, or decision not to fund or otherwise construct, any of its
obligations shall not constitute an event of Force Majeure or otherwise be an acceptable reason
for delay.
10. Notices. All notices, requests, demands, and other communications called for or contemplated
by this Agreement shall be in writing, and shall be duly given by mailing the same by certified
mail, return receipt requested; or by delivering the same by hand, to the following addresses,
or to such other addresses as the Parties may designate by written notice in the manner
aforesaid:
To City:
Chief Administrative Officer
City of Kent
220 Fourth Avenue South
Kent, WA 98032
With a copy
to:
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032
To
Developer:
With a copy
to:
Legal & Compliance Department
Blue Origin
21218 76th Avenue South
Kent, WA 98032
Any Party hereto may change its address for the purpose of receiving notices as herein provided
by a written notice given in the manner aforesaid to the other Party hereto.
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Development Agreement Between
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11. Governing Law/Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. Venue for any judicial action arising out of or
relating to this Agreement shall lie in King County Superior Court.
12. Specific Performance. The Parties specifically agree that damages are not an adequate
remedy for breach of this Agreement and that the Parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof. All terms
and provisions of this Agreement are material.
13. Attorneys’ Fees. Except as provided in Section III.5, in any alternative dispute resolution or
judicial action to enforce or determine a Party’s rights under this Agreement, each Party shall
be responsible for payment of its own attorneys’ fees, expert witness fees, and all other costs,
if any.
14. No Third-Party Beneficiary. This Agreement is made and entered into for the sole protection
and benefit of the Parties and their heirs, assigns, successors, legatees, representatives, receivers
and trustees. No other person shall have any right of action based upon any provision of this
Agreement.
15. Severability. This Agreement does not violate any federal or state statute, rule, regulation or
common law known; provided, any provision which is found to be invalid or in violation of
any statute, rule, regulation or common law shall be considered null and void, with the
remaining provisions remaining viable and in effect. In the event any part of Section III.1. is
deemed void prior to the City’s utilization of the Storm Water Mitigation Facilities to service
the eastern one-half of 76th Avenue South as contemplated in this Agreement, Developer shall,
within three months of such determination, pay to the City a Fee-in-Lieu of construction of the
Half-Street Improvements in accordance with terms set forth in Section III.1.c.iii of this
Agreement. In the event any part of Section III.1. is deemed void after the City’s utilization of
the Storm Water Mitigation Facilities to service the eastern one-half of 76th Avenue South as
contemplated in this Agreement, the parties shall negotiate, in good-faith, to develop a
structure the economic effect of which is nearly as possible the same as the economic effect of
this Agreement without regard to such invalidity.
16. Final and Complete Agreement. This Agreement is integrated and constitutes the final and
complete expression of the Parties on all subjects within the Agreement. This Agreement
supersedes and replaces all prior agreements, discussions and representations on all subjects
discussed herein. No Party is entering into this Agreement in reliance on any oral or written
promises, inducements, representations, understandings, interpretations or agreements other
than those contained in this Agreement.
17. Modification. The Agreement may be modified only with the written agreement of the
City and Developer and their successors and assigns.
18. Counterparts. This Agreement may be executed in counterparts each of which shall be
deemed an original.
(signatures follow on next page)
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Development Agreement Between
Blue Origin, LLC & City of Kent Page | 10
CITY OF KENT DEVELOPER,
Mayor
Title:
Dated:
Dated:
ATTEST:
City Clerk
Print Name:
Dated:
APPROVED AS TO FORM:
City Attorney
Print Name:
Dated:
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Development Agreement Between
Blue Origin, LLC & City of Kent Page | 11
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day of , 2019, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared , to me known
as the Mayor for the City of Kent, the corporation who executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said City of Kent, for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute said instrument on behalf of said municipal
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES:
STATE OF WASHINGTON )
) ss:
COUNTY OF KING )
On this day of ___________, 2019, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
___________________________ and ___________________________ [on behalf of the
DEVELOPER], the person(s) who executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said person(s),
for the uses and purposes therein mentioned, and [if the DEVELOPER is a corporation or
other entity warranting authorized signatures] on oath stated that they are authorized to
execute said instrument on behalf of said DEVELOPER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES:
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
June 18, 2019
Date: June 18, 2019
Time: 5:05 p.m.
Place: Chambers
I. CALL TO ORDER
Attendee Name Title Status Arrived
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
II. PRESENTATIONS
1. Parks, Recreation and Community Services Comprehensive
Recreation Program Plan
Julie Parascondola, Parks, Recreation and Community Services Director
provided an introduction to the Comprehensive Recreation Program Plan
presentation.
As you recall from the presentation shared at the City Council Retreat earlier
this year, the Parks Department as a whole, over the next 4 years, is and will
be going through extensive transformational change with a lot of mid/long
term strategic planning occurring. This effort began with the Park Operations
Division with their new level of service framework, followed by the Riverbend
Golf Complex Business Plan completed in 2018 and the recently completed
Marketing and Engagement Plan to be presented in July. Parascondola
informed Council they will be sharing more on the Recreation Program Plan,
later this month will begin launching the update to the 5-year Human
Services Master Plan and Consolidated Plan and rounding out the biennium,
with a new updated 20-year Facilities Master Plan which will start late 2019.
Parascondola indicated the need to think strategically is critical for the long-
term success of our department. She noted that the Parks Departmnet, both
in the past and present day, has continued to receive the disproportionate
share of budget reductions due to the City’s financial challenges and/or
priorities.
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City Council Workshop Workshop Regular
Meeting
Minutes
June 18, 2019
Kent, Washington
Page 2 of 7
Unfortunately, in parallel, the Kent community has continued to grow in
population, underserved residents need the City's support now more than
ever, youth throughout the City need a commitment to help guide them to
success, the health of the community is at staggering levels of risk, ranking
in the bottom throughout all of King County. There are high demands and
unmet needs for City services and so on. Unfortunately, she stated, it puts
the department and staff in a constant defensive position in trying to balance
needs versus funding. Parascondola stated that the City needs to actively
work with the community to jointly make those hard decisions on what to
focus funding on, to right-size services, programs and infrastructure to better
align with the funding allocation provided. At the same time, internally,
there is a need to evolve mindsets and practices to be more entrepreneurial
on how the City plans and delivers services, evaluates performance and most
importantly, how we continue to engage those we serve, in that decision-
making and prioritization process.
The plans Parascondola and her team have brought forward have had
thousands of community feedback points from residents, they are analyzing
industry and regional trends, best practices, peers and more. It will guide the
next phases of delivery but will also give staff the need framework and
decision-making models to both pro-actively and re-actively divest in
programs and services, if so mandated. She stated the department can no
longer meet the needs of the community or absorb continued budget cuts
without equivalent impacts to public services.
We are here specifically today, to share a bit more about the development of
our Recreation Program Plan, the first of its kind in Kent, which began in
February this year with a goal to finalize in late August.
Parascondola publicly recognize and thanked the entire Recreation division
for their willingness to engage in the development of the Recreation Program
Plan, for their transparency in sharing both their successes and their
struggles, for their perseverance and fortitude in weathering consistent
uncertainty, sticking it out, and most all for continuing to put Kent’s residents
at the forefront, many times sacrificing their personal time with their own
families.
Parascondola said that she believes following the presentation there will be a
new appreciation for just how complex and interconnected the back end of
public recreation programming really is. She stated that is is important for
the policy leaders to understand what is being asked of the recreation
professionals in the new plan moving forward. The way that they are going to
manage Kent’s programming framework and portfolio, only 3 other agencies’
in this state are similar in managing to that same level of excellence - out of
230+ recreation systems in Washington. She stated it is the right thing to
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City Council Workshop Workshop Regular
Meeting
Minutes
June 18, 2019
Kent, Washington
Page 3 of 7
do for staff, it’s the right thing to do for the residents and she is personally
excited to see them rise to yet another occasion to showcase their dedication
and collective talents.
Leon Younger, the Founder and President of PROS, and Austin Hochstetler,
the plan’s Project Manager provided details regarding the Comprehensive
Recreation Program Plan that included details on:
Parks System History - Excellence in the City
National Gold Medal Awards
• Kent Parks and Recreation -
• 1987 Gold Medal Finalist Award for Parks & Recreation
• 1988 Gold Medal Grand Award Winner for Parks & Recreation
• 1989 and 1990 Gold Medal Finalist Award for Special Recreation
• 1991 Gold Medal Grand Award Winner for Special Recreation
Kent Parks System
Reviewed Staffing and funding from 1957 - 2019 - Demonstrates how
department has had to adapt through reductions in staffing.
Reviewed population increase, City’s investment for recreation compared to
City growth.
Kent’s population is projected to increase by 28,000 people over the next 15
years.
Recreation career staff investments vs. other City service investment
Understanding the planning context
How people use the services
What is most important
NW research group did 2 community surveys
· Key drivers for livability - using the 5-star rating
· Parks and recreation contributions to quality of life
o Community and neighborhood parks
o Public trails
o Public arts & community events
o Sports fields and complexes
· Parks and recreation ratings
o Proximity & available of City
o Quality of Park Amenities
o Quality of Youth activities
o Safety within City Parks & Trails
· Community Health - Seattle/King County Health Dept.
World Health Organization defines health as the state of complete physical,
mental and social well-being and not merely the absence of disease or
infirmity.
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City Council Workshop Workshop Regular
Meeting
Minutes
June 18, 2019
Kent, Washington
Page 4 of 7
· Updated 2018-2019 Community Health Needs Assessment
South King County is most racially ethnically diverse communities in King
County
Discussion and Next Steps
• 8-year action plan development
• Report development and completion
• Discussion with staff, partners, and Commissions on recommendations
• Final report and briefing
• Adjustments and shifts:
• Minor shifts to begin in 2020
• Larger adjustments and shifts to rollout with the 2021-2022 budget
development process
Reviewed results regarding Kent’s Youth
There is an estimated 35,000 youth in Kent
Kent Youth Call to Action: Catalyst of Change. Established vision built with
Kent
Reaching Underserved Populations
· 14 Determinants of equity - The Conditions King County has identified that each
of us need to thrive.
· Negative Repercussions - When people lack access to the determinants of
equity, they lack opportunity. The resulting inequities impact the whole
community.
· Parks and Recreation’s role in Kent:
o Social equity and inclusion
o Arts and culture
o Economic development
o Placemaking and brand image
o Health and wellness
o Youth development
o Healthy aging
o Public land and facility stewards
o Sustainability
o Contribution to transportation
The planning processes - How approached and key findings
Comprehensive Recreation Program Plan
Where are we today?
Where are we going tomorrow?
How do we get there?
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City Council Workshop Workshop Regular
Meeting
Minutes
June 18, 2019
Kent, Washington
Page 5 of 7
Data Findings and Tasks Completed
Demographics
o Total population, households, median age, median household income, race
o Population be age segment and race 2010-2018 and projections -2033
o Trends - General Sports Market Potential Index - Market driven consumer
behavior for general sports.
o Trends - Top 5 most offered core program areas
Interviews and Focus Groups (Stakeholders):
o Elected Officials
o Boards and Commissions
o Staff
o User Groups
o City Departments
Key Stakeholder Themes:
Community Engagement
· Community Survey
Top 5 unmet need areas:
· Fitness & wellness programs
· Outdoor events
· Cultural performances
· Outdoor recreation
· Aquatic programs
Reviewed most popular programs currently used and high priority services
areas
Key survey findings
· Community outcomes
· Prioritization of services
· Program interest areas
Recreation Program Assessment
o Adaptive Recreation Programs
o Cultural Programs
o Senior Programs
o Youth and Teen Programs
o Facility-Based Programs
· Revenue Earned by Program Area
· Lifecycle of Program Now and the future
· Age Segmentation by program area
· Program Classification mix
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City Council Workshop Workshop Regular
Meeting
Minutes
June 18, 2019
Kent, Washington
Page 6 of 7
· Program Cost recovery
· Fee Philosophy
· Recommended Performance Management
o Key program performance indicators
o General program indicators
· Key Recommendation Interest Areas
1. Financial Stability - Challenges: structural deficit, continued budget cuts, long
term sustainability, and ability to shift and test programs due to constant
flux.
2. Partnerships - Challenges: leveraging resources, enhancing facilities, meeting
unmet need/defining roles, and clarifying city vs. parks & recreation roles.
3. Recreational Programming - Challenges: duplication of services, who is doing
what and where? Rightsizing the portfolio, owning the market(s) and uniting
the community.
4. Facility/Capital Development - Challenges: lack of indoor space, existing
footprints, and meeting community need.
5. Organizational Structure Staffing - Challenges: organizational resiliency,
meeting best practice, succession planning, and ability to retain and recruit
staff.
Next Steps:
· 8-Year action plan development (short-, mid-, and long-term strategies)
· Report development and completion - Discussion with staff, partners, and
Commissions on recommendations
· Final report and briefing
· Adjustments and shifts
o Minor shifts to begin in 2020
o Larger adjustments and shifts to rollout with the 2021-2022 budget
development process.
Council President Boyce indicated this is the City’s next challenging
opportunity to address, and that we have the right leader. He pledged to do
what he can to figure out how to bring our park’s system back to the 1988
Gold Medal status.
Councilmember Larimer requested clarification on the Key survey findings
program area interest for residents and how it compares with other parts of
the country.
Councilmember Kaur expressed appreciation and indicated parks are
important to our community and it is important to fund them properly.
Councilmember Higgins suggested looking into the potential of creating a
metro parks district.
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City Council Workshop Workshop Regular
Meeting
Minutes
June 18, 2019
Kent, Washington
Page 7 of 7
Councilmember Fincher expressed her appreciation of the directed outreach
to diverse communities.
Councilmember Troutner indicated the fiscal cliff required tough decision be
made and that Parks was hit the worst. Troutner agrees to make parks a
priority.
Mayor Ralph indicated she is encouraged by councils comments and that they
are committed to making our parks outstanding. Mayor is excited about the
planning process - clear this plan will be implemented.
2. West Hill Water Supply
Due to the length of the Parks presentation, the West Hill Water Supply
presentation was moved to the July 16, 2019 workshop.
Meeting ended at 5:21 p.m.
Kimberley A. Komoto
City Clerk
8.A.1
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
June 18, 2019
Date: June 18, 2019
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Brenda Fincher Councilmember Present
3. AGENDA APPROVAL
A. Move to approve the agenda as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
4. PUBLIC COMMUNICATIONS
A. Public Recognition
Councilmember Higgins congratulated his daughter on her graduation
from Kentwood High School.
Councilmember Troutner congratulated her son on his graduation from
Central Walshington University.
B. Community Events
Councilmember Fincher invited the public to attend the Juneteenth
celebration at Morrill Meadows Park on June 22nd from 10 a.m. - 6 p.m.
Council President Boyce advised of past and upcoming events at the
accesso ShoWare Center.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
June 18, 2019
Kent, Washington
Page 2 of 6
C. Public Safety Report
Chief Padilla presented the Public Safety Report.
Chief Padilla provided brief backgrounds on Officer Cody Blowers, Officer
Matthew Flesher, Officer Lovai Hong, and Officer Roland Heyne. Mayor Ralph
performed the official swearing ins.
Chief Padilla reminded the public of the fireworks ban in the City of Kent
and advised of penalties for possessing fireworks. Chief Padilla indicated
there will be extra officers on patrol from July 1 - July 6.
The public is invited to attend “The Splash” that is held at Lake Meridi an
Park on the Fourth of July.
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
Mayor Ralph
A. Mayor's Report
Mayor Ralph advised she hosted the South county mayors for lunch at the
newly-opened Half Lion Public House at Riverbend Thursday @ 6 p.m. open
house.
Mayor Ralph hosted her Coffee and Conversation on the West Hill.
Mayor Ralph participated in the Relay for Life South County. She was
honored to drive the youngest survivor around the field. The event raised
nearly$150,000.
City leadership and King County Metro are working together and planning for
the RapidRide line coming to the East Hill.
On June 20th, the Mayor is attending the first meeting of the King County
Flood Control Advisory Board to ensure that funding continues to come to the
valley for flood projects.
Mayor Ralph, Derek Matheson, and Council President Boyce will meet next
week with Kent School District representatives to discuss working together
on projects and find ways to improve cooperation and communications.
B. Chief Administrative Officer Report
Derek Matheson indicated that during the Mayor's State of the City Address,
she committed to pursue rerunning Proposition A to provide for adequate
staffing of the Police Department. There will be a special council workshop on
July 15, 2019 at 5 p.m. and a special council meeting on July 30, 2019 at 5
p.m. for council to discuss and possibly take action to place measure on the
ballot for the November general election ballot.
Matheson indicated there is no executive session tonight.
C. Council Reports
Boyce provided a recap of tonight’s workshop on the Comprehensive
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Kent City Council City Council Regular Meeting
Minutes
June 18, 2019
Kent, Washington
Page 3 of 6
Recreation Program Plan and indicated the council will discuss how to
address the park’s needs.
Councilmember Larimer serves on the Sound Cities Association Advisory
Council on Aging and Disability Services. During the last meeting, the panel
heard a presentation on issues related to LGBTQ elders.
Councilmember Troutner chairs the City’s Public Safety Committee and
indicated the meeting can be viewed on TV21 or online. Troutner invited the
public to attend the July 9th Coffee with the Chief at the Café on Fourth at 5
p.m.
Councilmember Fincher serves on the City’s Arts Commission and invited the
public to visit and view the artwork currently on display in the Centennial
Center. The public can also submit their art for the Kent Creates contest by
June 30th.
Councilmember Higgins chairs the City’s Public Works Committee and
indicated the details regarding the June 17th meeting can be found at
KentWA.gov.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Governance Board. The next meeting is June 19th at 5:30 at station 78
Councilmember Thomas chairs the City’s Operations Committee and
indicated the details regarding the June 18th meeting can be found at
KentWA.gov.
6. PUBLIC HEARING
None
7. PUBLIC COMMENT
Anita Veen spoke regarding the Mill Creek Canyon walk on Saturday, June
22nd at 9 a.m. The walk will be guided by Tim Brown.
Todd Minor, a Kent resident requested the Council consider not using an
open area or park for the new water tank to be located on the West hill.
8. CONSENT CALENDAR
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Kent City Council City Council Regular Meeting
Minutes
June 18, 2019
Kent, Washington
Page 4 of 6
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Jun 4, 2019 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Jun 4, 2019 7:00
PM
B. Payment of Bills - Approve
MOTION: Approve the payment of bills received through
5/15/19 and paid on 5/15/19, and approve the checks issued
for payroll 5/1/19-5/15/19 and paid on 5/20/19, and audited
by the Operations Committee on 6/4/19.
C. Federal Way Link Extension City Services Agreement Task
Order Number 2 - Authorize
MOTION: Authorize the Mayor to sign all documents necessary
to execute Task Order 2 to the City Services Agreement
between the City of Kent and Sound Transit for City Services
and Costs related to the Federal Way Link Extension Project
Review and Permitting subject to final terms and conditions
acceptable to the Chief Administrative Officer and City
Attorney.
D. ICMA - RC Administrative Services Agreement - Authorize
MOTION: Authorize the Mayor to sign the renewal of the City’s
Administrative Services Agreement for the Deferred
Compensation Plan with ICMA - RC for five years, subject to
approval of final terms and conditions by the Human Resources
Director and the City Attorney.
E. Railroad Trespass Fencing Project - Accept as Complete
MOTION: Authorize the Mayor to accept the Railroad Trespass
Fencing Project as complete and release retainage to Judha of
Lion Landscaping and Services LLC upon receipt of standard
releases from the State and the release of any liens.
F. Interlocal Agreement between the City of Federal Way and the
City of Kent for Jail Services - Authorize
MOTION: Authorize the Mayor to enter into an Interlocal
Agreement with the City of Federal Way for Jail Services,
subject to final terms and conditions acceptable to the City
Attorney and Police Chief.
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Kent City Council City Council Regular Meeting
Minutes
June 18, 2019
Kent, Washington
Page 5 of 6
G. Ordinance Amending Ch. 9.02 KCC - "Criminal Code" - Adopt
MOTION: Adopt Ordinance No. 4327, amending the Criminal
Code found in Chapter 9.02 of the Kent City Code to adopt by
reference new misdemeanor crimes enacted by the state
Legislature in 2019; and to adopt other applicable state laws
that were not previously adopted by specific reference.
H. Master Services and Purchasing Agreement between Axon
Enterprise, Inc. and the Kent Police Department for Body-Worn
Cameras - Authorize
MOTION: Authorize the Mayor to enter into a five-year contract
with Axon Enterprise, Inc. for Body-Worn Cameras, subject to
final terms and conditions acceptable to the City Attorney and
Police Chief.
9. OTHER BUSINESS
A. Resolution in Support of Puget Sound Regional Fire Authority
Proposition No. 1 - Property Tax Levy for Fire Protection and
Emergency Services - Adopt
Puget Sound Regional Fire Authority's Fire Chief Morris provided the council
with the Puget Sound Fire 2018 Annual Report. Additionally, Chief Morris
provided details regarding the quarterly performance report for the first
quarter of 2019 as follows:
Area call volume, top 10 call types, top 10 EMS call types, top 10 fire call
types, responses by apparatus, FD CARES responses, and community risk
reduction.
Morris reviewed the 2019 Strategic Goals and provided updates on
regionalized opportunities, accreditation, emergency management ILA and
major incidents in 2019.
Morris provided an overview of the levy lid lift that will be placed on the
August 6th ballot.
Details were provided regarding the levy lid lift revenue source breakdown
and the 2019 actuals vs current levy and restored levy.
Boyce requested the public find a way to support first responders.
The Mayor provided an opportunity to speak in opposition to the Proposition.
There were no speakers.
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Kent City Council City Council Regular Meeting
Minutes
June 18, 2019
Kent, Washington
Page 6 of 6
MOTION: Adopt Resolution No 1984, supporting Puget Sound
Regional Fire Authority Proposition No. 1 in which voters are
asked to restore the PSRFA’s effective property tax to $1.00
per $1,000 of assessed value in order to fund PSRFA operations
and equipment.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Bill Boyce, Council President
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
10. BIDS
A. Russell Road South/South 196th Street Asphalt Overlay -
Award
Dave Brock, Deputy Director of the Public Works Operations Division
provided details regarding the Russell Road South/South 196th Street
Asphalt Overlay project.
MOTION: Award the Russell Road South/South 196th Street
Asphalt Overlay Project to Lakeside Industries in the amount of
$880,360 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dennis Higgins, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 8:05 p.m.
Kimberley A. Komoto
City Clerk
8.A.2
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DATE: July 2, 2019
TO: Kent City Council
SUBJECT: Payment of Bills
MOTION: Move to approve the payment of bills through May 31, 2019 and
paid on May 31, 2019 and approve checks issued for payroll for May 16,
2019-May 31, 2019 and paid on June 5, 2019 and audited by the
Operations Committee on June 18, 2019.
SUMMARY:
Audited by the Operations Committee on -- 6/18/2019
Approval of payment of the bills received through-----05/31/19
and paid 05/31/19
Approval of checks issued for Vouchers:
Date Amount
05/31/19 Wire Transfers 7911 7929 $2,417,226.55
05/31/19 Regular Checks 735190 735823 $11,340,296.57
05/31/19 Payment Plus 101393 1010419 $75,901.84
Void Checks ($3,459.72)
05/31/19 Use Tax Payable $1,168.14
$13,831,133.38
Approval of checks issued for Payroll:5/16/19-5/31/19
and paid 6/5/2019
Date Amount
6/5/2019 Checks 0
Voids and Reissues
6/5/2019 Advices 430539 431401 $1,866,656.85
$1,866,656.85
Document Numbers
Document Numbers
8.B
Packet Pg. 36
DATE: July 2, 2019
TO: Kent City Council
SUBJECT: Professional Services Agreement with Wood Environment
and Infrastructure Solutions, Inc. for Services in
Connection with the South 224th Street Project - Authorize
MOTION: Authorize the Mayor to sign a Professional Services Agreement
with Wood Environment and Infrastructure Solutions, Inc. in an amount
not to exceed $200,000. for expert environmental consulting services,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: In April, the City filed an action in King County Superior Court against
Hytek Finishes Company under the state Model Toxics Control Act alleging Hytek
released hazardous substances, namely cadmium and arsenic, into the City’s
drainage ditch and easement. The lawsuit seeks an award of past costs and
damages for remedial actions already taken by the City and a judgment declaring
that Hytek is liable to the City for all current and future remedial action costs
related to the hazardous substance releases, including attorneys’ fees, litigation
expenses and natural resource damages.
Wood Environment and Infrastructure Solutions will provide expert environmental
consulting services.
BUDGET IMPACT: Costs associated with this contract will be added to the South
224th Street Project, while the city seeks reimbursement.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. Professional Services Agreement with Wood Environmental and Infrastructure
Solutions, Inc (PDF)
06/17/19 Public Works Committee RECOMMENDED TO
COUNCIL
8.C
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
7/2/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.C
Packet Pg. 38
wood.
Professional Services Agreement
PARTIES
THIS AGREEMENT (the "Agreement"), effective this 16 day of May 2019, is made by and betr¡¡een
Wood Environment & lnfrastructure Solutions, lnc., a Nevada corporation, with an address at600 University Streei Suite 600 Seattle,
Washington 98101 ('Wood") and Foster Pepper PLLC a Washington corporation/limited liabitity comþany/partnership (indicate
which), with an address at 1111 Third Ave., Suite 3000, Seatile, WA 98101-3292 (,CL|ENT).
NOW, THEREFORE, in consideration of the mutual undertakings and subject to the terms set forth below and intending to be legally
bound, the part¡es agree as follows:
PROJECT
CLIENT engages Wood to provide services in connection with;
city of Kent v. Hytek Finishes company Expert consulting - Remedial lnvestigation
SCOPE OF SERVICES
Wood agrees to perform services in accordance with its Proposal as follows:
See attached Expert Engagement Letter
CLIENT agrees that all services not expressly included are excluded from Wood's Scope of Services.
COMPENSATION (in U.S. Dollars) (check one)
Firm-fixed price: CLIENT agrees to compensate Wood on a firm-fixed price basis in the amount ot
X Time and materials: CLIENT agrees to compensate Wood for all hours worked and other costs íncurred at the rates and
terms set forth herein. Should the total cost of Wood's performance be greater than the estimated amount shown below,
Wood will notify CLIENT and provide a revised estimate for CLIENTs approval. ln such event, continued performance is
subject to additional funding as mutuelly agreed.
Labor Categories and Hourly Labor Rates:
Other Direct Costs (Reimbursed at cost plus 15 % mark-up):
Total estimated time and materials cost: 9200,000
ln.addition to the Agreement amount, CLIENT assumes full responsibility for the payment of any applicabie sales, use, orvalue-
added taxes under this Agreement, except as otherwise specified.
ATTACHMENTS
The listed attachments form part of this Agreement:
1. Rate Schedule , daled 01101t20192. Expert Engagement Letter
3.
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Terms and Gonditions
1. COMPENSATION: lnvo¡ces will be submitted at least monthly for Services rendered. Terms of payment are net forty-five (45)
days from date of invoice. Payment will be made to Wood at the address specifìed on Wood's invoice.
lf CLIENT reasonably objects to all or any portion of an invoice, CLIENT shall notify Wood of that fact in writing within ten (10)
days from the date of receipt of Wood's invoice, give reasons for the objection, and pay that portion of the invoice not reasonably
in dispute.
2. STANDARD OF CARE: Wood will perform the Scope of Services specified in a Work Order utilizing that degree of skill and care
ordinarily exercised under similar conditions by reputable members of Wood's profession prac'ticing in the same or similar locality at
the time of performance. NO OTHER WARRANTY, GUARANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, lS MADE
oR TNTENDED tN THtS AGREEMENT, OR lN ANY COMMUNTCATTON (ORAL ORWRTTTEN), REPORT, OPINION, DOCUMENT,
OR INSTRUMENT OF SERVICE, AND THE SAME ARE SPECIFICALLY DISCLAIMED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3, INDEPENOENT CONTRACTOR: Wood shall be fully independent and shall not act, except as permiüed herein, as an agent or
employee of CLIENT. Wood shall be solely responsible for ib employees and for their compensation, benefits, contributions, and
laxes, if any.
4. INSURANCE: Wood will maintain insurance for this Agreement in the following types and limits: (i) worke/s compensat¡on
insurance as required by applicable law, (ii) comprehensive general l¡abil¡ty insurance (CGL) ($1 ,000,000 per occurrence I $2,000,000
aggregate), and (iii) automobile liability insurance for bodily injury and property damage ($1,000,000 CSL). CLIENT will be listed as
additional insured on policies not to include worker's compensation.
5. CHANGES: CLIENT may order changes within the general scope of the Services by altering, adding to, or deleting from the
Services to be performed. Work beyond the scope of services or re-doing any part of the project through no fault of Wood, shall
constitute extra work and shall be paid for on a time-and-materials basis in addition to any other payment provided for in this
Agreement.
Should Wood encounter conditions which were (i) not reasonably anticipated, including, but not limited to, changes in applicable
law, (ii) subsurface or otherwise concealed physical conditions that differ materially from those indicated in this Agreement or (iii)
unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and genera¡ly
recognized as inherent in activities of the character contemplated by this Agreement, Wood shall promptly provide notice to
CLIENT. CLIENT shall promptly investigate such conditions. lf, in Wood's reasonable opinion, the conditions cause an increase
or decrease in Wood's cost ol or t¡me required for, performance of any part of its Services, CLIENT shall issue a Change Order
with an equitable adjustment in Wood's compensation, schedule, or bolh. ln the event no Change Order is agreed to, Wood
reserves the right to either (i) suspend its performance until a Change Order is agreed to or (ii) discontinue its performance and
terminate this Agreement.
6. FORCE iíAJEURE: Should performance of Services by Wood be affected by causes beyond its reasonable control, Wood will
be granted a time extenslon and the parties will negotiete an equitable adjustrnent to the price of any affected Work Order, where
appropriate, based upon the effêct of the Force Majeure on performence byWood.
7. CLIENT'S RESPONSIBILITIESI CLIENT agrees to provide Wood all available material, data, and information pertaining to the
Services.
8. SITE AGGESS: CLIENT shall at its cost and at such times es may Þe required byWood for the successtul and timely completion
of Services: (i) provide unimpeded and timely access to any site, including third party sites if required (ii) provide an adequate area
forWood's site office facilities, equipment storege, and employee parking; (iii) furnish all construction utilities and utilities releases
necessary for the Services; (iv) provide the locations of all subsurface structures, including piping, tanks, cables, and utilities; (v)
approve all locations fordigging and drilling operations; and (vi) obtain all permib and licenses which are necessary and required to
be taken out in CLIENTs narne for the Services. Wood will not be liable for damage or injury arising from damage to subsurface
structures that are not called to its attention and correctly shown on the plans furnished to Wood in connection with its work.
9. LIMITATION OF LIABILITY: As part of the consideretion Wood requires for provision of the Services indicated herein,
CLIENT egrees that any claim for damages filed against Wood by CLIENT or any contractor or subcontractor hired
På¡ge 2 of 4 us PsA4-2016
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dlrectly or lndlrectly by CLIENT wlll be flled solely âgainst Wood or ¡ts successors or ascigns and that no individual
person shall be made personally liable for damages, in whole or ¡n part.
TO THE MAXIMUi'I EXTENT PERMITTEO BY LAW CLIENT AGREES THAT THE LIABILITY OF WOOD TO CLIENT FOR
ANY AND ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, CONTRIBUTION, ASSERTED BY CLIENT AND
ARISING OUT OF OR RELATED TO THE NEGLTGENT ACT(S), ERROR(S) OR OM|SSION(S) OF WOOD tN PERFORMTNG
SERVICES, SHALL BE LlMlrED TO TWO MTLLTON DOL¡-ARS (S2,0OO,O0O.OO) ("LlMlrATtONil. CLTENT HEREBY WAIVES
AND RELEASES (I) ALL PRESENT AND FUTURE CLAIMS AGAINST WOOD OTHER THAN THOSE DESCRIBED IN THE
PRECEDING SENTENCE, AND (II) ANY LIABILITY OF WOOD IN EXCESS OF THE LIMITATION.
Wood and CLIENT shall eech weive any right to recoveÍ from the other party for any spec¡al, incidental, indirect, or
consequenlial damages (including lost proflts and loss of use) incurred by either Wood or CLIENT or for which either party
may be liable to any third party, which damages have been or are occasioned by Services performed or repoús prepareã
or other work performed hercunder.
CLIENT agrees that the damages for which Wood shall be liable are limited to that proportion of such damages wh¡ch is
attributable to wood's percentage of fault subject to the other limltations herein.
10. ASSIGNMENT AND SUBCONTRACTING: Neither party shall assign its interest in this Agreement without the written consent
of the other.
ll. COST ESTIMATES: lf included in the Services, Wood will provide cost estimates based upon Wood's experience on similar
projects, which are not intended for use by CLIENT or any other party in developing firm budgeis or financial models, or in making
investrnent decisions. Such cost estimates represent only Wood's judgment as a professional and, if furnished, are only for CLIENT'a
general guidance and are not guaranteed as to accuracy.
12. TERMINATION Either party may term¡nate this Agreement at any time by providing not less than ten (10) days advance written
notice to the other party. ln the event of a termination, CLIENT shall pay for all reasonable charges fici work performed and
demobilization by Wood to date of notice of termination. The limitation of l¡ab¡lity and indemnity obligations of this Agreement shall
be binding notwithstanding any termination of this Agreement.
13' GOVERNING LAWS/LANGUAGE: This Agreement shall be governed and construed in accordance with the laws of the state of
the Wood office entering into this Agreement. All commun¡câtions relating to or arising out of this Agreement shall be in the English
language.
14' FIELD REPRESENTATION: The Services do not include supervision or direction of the means, methods or actual work of
other consultants, contractors and subcontractors not retained by Wood. The presence of Wood's representative will not relieve
any such other party from its responsibility to perform its work and services in accordance with its contractual and legal obligations
and in conformity w¡th the plans and specifications for the project. CLIENT agrees that each such other partfwill bJsolety
responsible for ib working conditions and safety on the site. Wood's monitoring of the procedures of any such other party is not
intended to include a review of the adequacy of its safety measures. lt is agreed that Wood is not responsible for safety or security
at a site, other than for Wood's employees, and that Wood does not have the contractual dug or legal right to stop the work oi
others.
l-5. DISPUTES. Any dispute arising hereunder shall first be resolved by taking the following steps, where a successive step is takenif the issue is not resolved at the preceding step: 1) by the technical and contractual þersonnel for each party performing this
Agreement, 2) by executive management of each party, 3) by mediation, or 4) through the court system of the siatb ot the Ñood
Page 3 of 4 us PsA 4-201 I
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office that is entering into this Agreement. CLIENT hereby waives the right to trial by jury for any disputes arising out of this Agreement.
Except as otheruise provided herein, each party shall be responsible for its own legal costs and atlorneys' fees.
16. EXCLUSIVE USE. Services provided under this Agreement, including all reports, information or recommendations prepared
or issued by Wood, are for the exclusive use of the CLIENT for the prolect specified. No other use is authorized under this
Agreement. CLIENT will not distribute or convey Wood's reports or recommendations to any person or organization other than
those identified in the project description w¡thout Wood's written authorization. CLIENT releases Wood from liability and agrees to
defend, indemnify, protect and hold harmless Wood from any and all claims, liabilities, damages or expenses arising, in whole or
in part, ftom such unauthorized disiribution. All reports, drawings, plans, documents, software, source code, object code, field notes ancl
work product (or copies thereo$ in any form prepared or furnished by Wood under this Agreement are instruments of service. Exclusive
ownership, copyright end title to all inshuments of service remain with Wood.
17. ENTIRE AGREEMENT: The terms and conditions set forth herein constitute the entire understanding and agreement of Wood
and CLIENT w¡th Íespect to the Services. All previous proposals, offors, and other communications relative to the provisions of these
Services are hereby superseded. Should CLIENT utilize its purchase order or any other form to procure services, CLIENT
acknowledges and agrees that ¡ts use of such purchase order or other form is solely for administrative purposes and in no event shall
Wood be bound to any terms and conditions on such purchase order or other form, regardless of reference to (e.9. on invoices) or
signature upon (e.9. acknowledgement) such purchase order or other form by Wood. CLIENT shall reference this Agreement on any
purchase order or other form it may issue to procure Wood services, but CLIENTs failure to do so shall not operate to modity this
Agreement.
lN WITNESS WHEREOF, CLIENT and Wood have caused this Agreement to be executed by their respective duly authorized
representat¡ves as of the date first set forth âbove.
CLIENT Wood Environment &Solutions, lnc.
By:
Name: Ken Lederman leen
Title: Member Principal Hyd rogeologist
Phone:206-447-4400 206-342-1780
Email;ken ledermanrÐfoster ,com Emait: kathleen oodman
lnvoices shall be submitted to:
Email: ken.ledermanôbster.com
PROPERTY OWNER
By:
Name:
Title:
Phone:
Proposal No:- oate: 6111119
By:
Name:
Title:
Phone:
Email:
Påge 4 of 4 us PsA 4-201 E
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\Mood.
Wood Environment & lnfrastructure Solutions, lnc.
2O19 Rate Schedule
Ïhe hourly labor rates set forth below are valid from January 1, 2019, and are subject to 3% annual escalation thereafter. Client agrees to reimburse Wood
Environment & lnfrastructure Solutions, Inc. (Wood) at one and one half times or two times the associated ratelhour for non-exempt staff when Wood is required
by statute to pay the associated overtime premium.
Professional Services
CLIENT agrees to reimburse Wood for all hours worked by professionals at the following classifications and associated hourly labor rates.
Classification Rate/Hour Activit¡r Code
Princ¡pal Scientist/Eng¡neer $1 95 001
Associate/Project Manager $185 005/010
Senior 2 Scient¡st/Engineer $175 01 5
Senior Scìentist/Engineer 1 $165 O2O
Senior lndustrial Hyg¡en¡svclH $155 050
Mid-Level ScientisvEngineer $140 OZs
Mid-Level lndustrial Hygienist 1 $l:O 053
M¡d-Level Scìentist/Engineer $120 030
SeniorEngineerTechnician $115 035
Scient¡st/Eng¡neerTechnician $105 040
Technician Services
CLIENT agrees to reimburse Wood for all hours worked by technicians at the following classifications and associated hourly labor rates.
Classification Rate/Hour Activity Code
Technical Editor $95 059
Senior Technicìan $90 056
CAO/Graphic Oesigner $105 056
Technician 2 $80 062
Technician t *tt 065
Administrative Services
CLIENT agrees to reimburse Wood for all hours worked by project administrative staff at the following classifications and associated hourly labor rates.
Classification Rate/Hour Activity Code
Support Staff $80 083
Support Staff $75 089
Support Staff $70 O92
Support Staff $65 080
Miscellaneous Expenses - 4% ol Labor Charges
CLIENT agrees to reimburse Wood for miscellaneous expenses incurred, such as consumable supplieg telephone & facsimile charges, photo processing,
and small toolt etc., not othen¡vise invoiced as other direct expenses, at the rate of 4o/o of labor charges.
Other Direct Expens€s
CLIENT agrees to reimburse Wood for all other direct expenses incurred at the following rates, except as othen¡rise specified by Wood in its proposal:
Travel Expenses: Transportation (mileage a¡r travel, car rental, etc.), lodging, meals, & incidental expenses Cost plus 15%
Subcontract Expenses: Supplies or services furnished to Wood in support of project activities by any supplier or firm, except
Cost plus 15%temporary agency or consultant staff charged at above hourly rates
Direct Expenses: other expenses in support of project activ¡ties cost plus 1 5%
Unit Pricing: Any unit pricing work, such as laboratory analysit in-house equipment rental, etc. will be quoted separately
u^17t ooo
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DATE: July 2, 2019
TO: Kent City Council
SUBJECT: Consultant Services Agreement for Transportation Master
Plan Phase II with Fehr & Peers, Inc.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Fehr & Peers in an amount not to exceed $365,000, to provide
consultant services for the Transportation Master Plan Phase II, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: Since December 2019, Kent staff along with staff from Fehr & Peers
have been completing tasks in the Transportation Master Plan Phase I consultant
contract. The contract for Phase II includes public outreach, multimodal level-of-
service and performance metrics, the base year model, and existing conditions for
each mode.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. Consultant Services Agreement with Fehr & Peers, Inc. (PDF)
06/17/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
7/2/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.D
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Fehr & Peers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Fehr & Peers, Inc. organized under the laws of the State of California, located
and doing business at 1001 4th Ave., Suite 4120, Seattle, WA 98154, Phone: (206) 576-4220, Contact:
Kendra Breiland (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall assist with Phase 2 of the City's Transportation Master Plan. For a
description, see the Consultant's Scope of Work which is attached as Exhibit A and
incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by January 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Three Hundred Sixty Five Thousand Dollars ($365,000), for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
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:
8.D.a
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national 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. Consultant
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.
VII. INDEMNIFICATION. Consultant 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 Consultant's
negligent 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 Consultant'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 Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
8.D.a
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement (“Work Product”) shall
belong to and become the property of the City. Notwithstanding any provision to the contrary in this
Agreement, all rights, titles, and interests, in all materials and intellectual properties that are proprietary
to or developed prior to or independently by the Consultant outside of its performance of this Agreement,
including any part of such materials that Consultant employs in the performance of this contract, or
incorporates into any part of the Work Product, shall remain with Consultant. Consultant shall grant the
City a royalty-free, irrevocable, non-exclusive, license in perpetuity to use, disclose, derive from, and
transfer such materials, but only as an inseparable part of the Work Product. All records submitted by the
City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data,
documents, and files available to the City upon the City’s request. The Consultant acknowledges that the
City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of
Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and
files created by Consultant for this project by anyone other than Consultant on any other project shall be
without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. 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
8.D.a
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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 VII 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 Consultant.
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 Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
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.
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8.D.a
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Kendra Breiland
Fehr & Peers, Inc.
1001 4th Ave., Suite 4120
Seattle, WA 98154
(206) 576-4220 (telephone)
(206) 576-4225 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
Fehr & Peers - TMP 3/Delchamps
8.D.a
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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: _________________________________________
8.D.a
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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.
8.D.a
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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: _________________________________________
8.D.a
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 1
City of Kent Transportation Master Plan
Fehr & Peers Phase 2 Scope of Work – June 10, 2019
The City’s Transportation Master Plan (TMP) will provide a framework to guide transportation investments
over the next 20 years in accordance with the community’s transportation priorities. It will be developed
through close collaboration between City staff, elected and appointed community representatives, and
the public at-large to help improve mobility and quality of life.
The purpose of this scope is to outline the consultant team’s involvement in the second phase of the TMP
process. This scope builds off the previous Phase 1 work, which identified the City’s transportation goals.
Task 0 - Project Management
The objective of this task is to ensure effective and efficient communication between the Consultant and
the City project team to anticipate and resolve problems and assure the project deliverables meet the
City’s expectations. We will be responsible for proactively managing the tasks and providing all services
and work needed to complete the project. We will communicate with the client if there is a potential
impact to the schedule due to outstanding data needs or decisions made by City Staff.
0.1 Biweekly Project Team Meetings and Communication
Fehr & Peers will attend biweekly project team meetings. Project team meetings are anticipated to be
half-hour check-in calls with in-person meetings scheduled as needed. The bi-weekly check in calls in this
contract are expected to occur between July 2019 and December 2019.
Deliverables:
Biweekly project team meeting notes
Monthly invoices showing the previous month’s billing by hours and tasks, and a project status
report by task
Task 1 – Assess Trends and Conditions
Over the years, the City has undertaken a number of efforts related to transportation planning. The last
TMP was updated in 2008 and the City’s comprehensive plan, including transportation element, was
updated in 2015. Since the last TMP was adopted in 2008, there has been a variety of disruptive trends in
Kent that necessitate a reevaluation of the City’s transportation baseline conditions, including:
An increase in population
Transit service expansion
Growth in e-commerce
Automation, car sharing, and mobility-as-a-service
EXHIBIT A 8.D.a
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 2
Changes to the funding mechanisms available (Business & Occupation tax)
Fiscal constraints requiring tradeoffs
Task 1 establishes this baseline understanding of existing conditions in Kent.
1.1 Orientation Interviews
We will conduct six stakeholder interviews, speaking with community stakeholders, staff from local transit
and transportation agencies, and representatives from the community’s major employers. These
interviews may be conducted in Kent (at a location determined and arranged by City staff), conducted by
phone, or at a local agency’s office. City staff will also be responsible for inviting interviewees and
confirming the interview schedule.
We will produce a summary of the interviews for the project record, identifying apparent transportation
concerns, issues and priorities to help guide the balance of the project.
This task will be performed in conjunction with the first meeting of the Transportation Advisory Board
(described in Task 4.4), in which Kent stakeholders will weigh in on existing conditions, needs,
opportunities, and priorities.
Assumptions:
These interviews will be conducted at a location determined and arranged by City staff.
City staff will also be responsible for inviting interviewees and confirming the interview schedule.
If necessary, some interviews may be conducted by phone or at locations outside of Kent.
Deliverables:
Memorandum summarizing interview findings
1.2 Review Existing Plans and Related Documents
The objective of this task is to review existing documents that are related to or help inform development
of the TMP. As part of this review, we will document projects that are currently planned in previously
adopted plans and may be incorporated in the draft project list for prioritization. The project list will be
sorted by source and include a brief project description, and cost information as available. The list
includes:
City of Kent TMP (2008) and TMP Stakeholder Report
2020-2025 Six-Year Transportation Improvement Program (TIP)
Traffic Impact Fee Rate Study
Chapter 12.11 Concurrency Management
Non-motorized Transportation System (NMTS)
The Kent Transit Study
Commute Trip Reduction (CTR) Plan
8.D.a
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 3
Transportation Element (TE) of the Comprehensive Plan
King County METRO CONNECTS (2017)
Sound Transit 3: The Regional Transit System Plan (2016)
Deliverable:
Spreadsheet of projects that are currently planned as part of previously adopted plans that may
be incorporated in the draft project list.
1.3 Evaluate Funding Capacity
To provide recommendations to ensure that there are appropriate financial resources available to
complete the identified policies, programs, and projects, BERK will analyze the City’s funding capacity.
Specifically, BERK will first complete a capacity analysis to evaluate baseline funding available over the
planning period based on:
Work with finance staff to review Historical transportation revenues, by source, and expenditures
by category (past 5-10 years)
Starting with the City’s available projections (e.g. 2019-2020 budget document) we will work with
finance staff to develop or refine long-term revenue projections (anticipated to be 2040)
Assumptions:
The work will be conducted in collaboration with Kent finance staff.
Minimal reconciliation with non-budgetary documents will be needed (e.g. WSDOT roads report).
Deliverable:
Memo of historic funding analysis, and current projections (preliminary draft, draft, and final)
1.4 Transportation Needs Assessment
We will use the results of the orientation interviews (Task 1.1), Plan Review (Task 1.2) and a Transportation
Advisory Board (TAB) meeting (Task 4.4) to determine a set of key transportation issues. Once the key
transportation issues are identified, Fehr & Peers will use these findings to conduct a needs assessment
for the following transportation modes and programs:
Existing and Future Vehicle Congestion
Existing and Future Multimodal Needs (Biking, Walking)
Existing and Future Transit Needs
Non-Motorized Network Connectivity
Freight and Truck Mobility
Emergency Vehicle Access
Collision data
Other as identified during completion of Tasks 1.1 and 1.2
8.D.a
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 4
This needs assessment will include an evaluation of existing conditions, as well as anticipated future
conditions, to the extent available before the development of the future forecasting model. Fehr & Peers
will summarize collision data and develop heat map figures of collisions that occurred over the most
recently available five-year span. Collision history figures and tables may include variables such as: mode
involved in collision (vehicle-vehicle involved, pedestrian-involved, and bicyclist-involved), contributing
circumstances, vehicle actions, and/or severity.
We will develop a brief memorandum documenting the collision data review and findings.
Assumptions:
City will provide Consultant with available technical data within two weeks of data request
Consultant team will build on “Trends and Conditions” draft chapter provided by City
New traffic counts would not be collected as a part of this effort since the City has recently
conducted traffic counts.
Fehr & Peers will request collision data from the WSDOT online portal.
Deliverables:
Visually-enhanced memo documenting existing conditions for the above modes, as well as
anticipated future conditions
Brief memorandum specific to collision data review, including maps and figures as well as source
materials (pdf, geodatabases including shapefiles and layer files, and .mxd files). All data must
include associated metadata.
1.5 Existing Auto Operations Assessment
Fehr & Peers will create an existing (year 2019) PM peak hour operations model with up to 75
intersections in the City of Kent. To the extent possible, we will build from networks developed by the City
and Fehr & Peers as part of previous projects. Fehr & Peers will analyze up to 75 intersections during the
PM peak hour using the Synchro model, applying HCM 2010 methodology. If it is necessary to analyze
additional intersections to meet the City’s new MMLOS metrics developed in Phase 1, Fehr & Peers will
prepare an additional scope on a cost and materials basis.
Fehr & Peers will draft a memorandum that summarizes Task 1.4. The summary memo will identify both
link segments and intersections that fail to meet the identified operational standard.
Assumptions
City will provide signal timing sheets and information for all signalized intersections.
City will provide traffic counts for all intersections, summarized in 15-minute increments for
vehicles, trucks/heavy vehicles, bicycles, and pedestrians.
Deliverables:
2019 PM peak hour Synchro intersection-level traffic operations results
8.D.a
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 5
Summary memo
1.6 Equity Analysis
Fehr & Peers will perform an in-depth equity analysis based on identified equity emphasis areas. We will
work with the City to identify these areas based on health, income, age, and ethnicity and analyze these
communities’ travel options, accessibility, and travel time. We will work with the City to develop a working
definition of vulnerable communities, based on quantitative data and qualitative goals.
We will assess transportation investments based on several equity metrics, including access to frequent
transit service for minority, low-income, senior, and persons with disabilities households.
We will meet with City staff in two 1.5-hour in-person meetings. First, we will discuss current equity
practices and communities in Kent. After performing a data review and equity analysis, we will meet with
the City again to discuss equity emphasis area maps and figures.
Deliverables:
Equity emphasis area maps and figures (pdf, geodatabases including shapefiles and layer files,
and .mxd files). All data must include associated metadata.
Brief memorandum summarizing the data review and equity analysis process
Meeting agenda and notes
1.7 Layered Network Development
Following the level of service (LOS) workshops held in Phase 1 and the existing and planning context
analysis performed in this task, we will develop a series of proposed layered networks for the City of Kent
that include the following modal priority networks:
Pedestrian
Bicycle
Transit
Freight
Auto
Deliverables:
Priority network maps (pdf, geodatabases including shapefiles and layer files, and .mxd files). All
data must include associated metadata.
Memo describing how these priority networks guide infrastructure recommendations and tie to
LOS policies
8.D.a
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 6
Task 2 - Metrics Development
Once the City’s transportation goals have been established, the next step is to identify the types of level of
service (LOS) measures that will reinforce these priorities. We will build off Phase 1 work to develop
MMLOS metrics for approval by City Council.
2.1 MMLOS Metrics
Based on the outcomes from the workshop in Phase 1 Task 2.1, Fehr & Peers will develop recommended
MMLOS standards and planning guidelines for inclusion in the TMP. These MMLOS standards and
planning guidelines will identify the types of facilities that would be needed to accommodate each mode
of travel (pedestrian, bicycle, transit, and automobiles) and the data needed to monitor this LOS and
accommodate for each mode.
We will develop a brief memorandum, which summarizes the LOS metrics and how they relate to state-of-
the-practice methods. The City will review the memorandum and provide one round of comments and
recommendations.
Deliverables:
Memorandum summarizing MMLOS policy recommendations, including maps of facilities.
2.2 Performance Metrics
Building off the MMLOS metrics and project goals, Fehr & Peers will work with the City to develop
performance metrics to evaluate the proposed project list. We will develop a spreadsheet with potential
metrics and meet with the city in a 1.5 hour in-person meeting. Based on feedback, Fehr & Peers will
develop a set of proposed metrics and measures. Fehr & Peers will then meet with the City in a 1.5-hour
in person meeting to discuss the proposed metrics and measures. Then, we will refine the spreadsheet
based on City comments for use in Task 5.1.
Deliverables:
Spreadsheet of performance metrics and measures.
Meeting agenda and notes
Task 3 – Model Development
Task 3 describes the steps necessary to develop a travel demand model customized for the City of Kent
that is also consistent with the Puget Sound Regional Council (PSRC) trip-based model. Within the City,
most roadways with a functional classification of Residential Collector Arterial/Industrial Collector Arterial
or higher as well as some essential Residential Collectors will be included in the transportation demand
model. The final version of the model will include a calibrated and validated base year scenario, near-term
8.D.a
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 7
scenario for concurrency checks, and a long-term scenario for TMP horizon year planning. The model will
be capable of producing daily, AM peak hour, and PM peak hour vehicle traffic volume forecasts.
The model development will occur in multiple phases. In this phase of work, Fehr & Peers will develop the
base year model. In a future phase identified in a separate scope of work, Fehr & Peers will develop near-
term and future year forecasts.
3.1 Existing Data Collection and Base Year Model Inputs
The existing data required to develop the City’s model will be collected and organized under this task. As
part of this task, we will meet with the City in a one-hour in person meeting to discuss desired model
capabilities and discuss data needs.
The City will be responsible for providing the following information:
Existing traffic counts within the City
Roadway functional classification, number of lanes, and posted speed limits
Peak period parking restrictions or intersection turning movement prohibitions
Existing population and employment estimates
Existing transit routes and service provided by Sound Transit and King County Metro
Fehr & Peers will be responsible for providing the following information:
Traffic counts on state facilities
The data collected and organized as part of this task will be used to develop the base year roadway
networks, traffic analysis zone (TAZ) system and land use estimates, and travel behavior input data needed
for each step of the model. The data will also be used to validate the model as part of the next task. Fehr
& Peers will coordinate with City staff on an appropriate level of detail for each of these components
before beginning development.
The following describes the basic components of any travel demand model, which will need to be
developed as part of this task. The City will largely be responsible for providing the necessary information
within the City, while Fehr & Peers will use appropriate available data sources to gather information
outside the City.
Roadway Network
The determination of which roadways are included in the model is based on the level of detail requested
by the City, the size, location, and number of TAZs, land use development patterns, political boundaries,
and geographic features. For each roadway within the model, the following attributes need to be coded.
Length
Name
Number of lanes
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 8
Functional classification
Use restrictions (HOV, transit-only, truck-restricted, etc.)
Posted speed limit
Capacity (vehicles per hour per lane)
Parking restrictions
Volume delay function variables (alpha and beta for BPR curve)
Within the City, these values will be updated based on information provided by the City. Outside the City,
these values will be consistent with the assumptions in the PSRC model.
Intersections
For each intersection in the model, any vehicle turning restrictions need to be listed. These include
restrictions by time-of-day and by mode. Typical locations where these need to be included are along
interstates, at ramp junctions, along divided roadways, and within congested urban areas.
Transit Network
For each transit route that is incorporated into the model, the specific links that make up the route need
to be identified and the physical locations of all stops along each route need to be marked. In addition,
variables at the route level need to be determined including fare, frequency, operating hours, and travel
time between stops. Post-processing is required for any routes which have multiple variations that
operate throughout the day as only one representative route can be coded into the model.
Within the City, the transit network assumptions from the PSRC model will be verified for consistency with
Sound Transit and King County Metro service, as identified in the Renton Kent Auburn Area Mobility
Study
Traffic Analysis Zones
Traffic analysis zones (TAZs) provide the connection between the supply (roadway and transit networks)
and demand (activity generated by land uses) in a travel demand model. The specific boundaries of the
TAZs will be determined through an iterative design process with City staff that will occur concurrently
with the development of the transportation networks. The TAZ boundaries will be influenced by the
roadway detail, political boundaries, land use development patterns, and natural geographic features.
The number of TAZs has a direct correlation with how long a model takes to run so a balance must be
struck between level of detail and run-time efficiency. For each TAZ, household and employment
estimates must also be provided so the size and number of zones is also influenced by a City’s capacity to
provide detailed land use information. Fehr & Peers will use the existing TAZ boundaries from the current
version of the City’s model that was developed by Fehr & Peers as a starting point for redrawing
boundaries. The proposed TAZ boundaries will nest within the PSRC regional model TAZs.
After the TAZ boundaries are determined, the TAZs need to be connected to the model roadway network
using additional roadway links that represented aggregated access points each zone. Depending on the
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 9
size and shape of each TAZ, as many as 4 “connectors” may be used to connect the TAZ centroids to the
roadway network. The locations of the TAZ centroids and connectors are manually determined for each
zone and individually coded into the model.
Land Use Data
Each TAZ in the model needs an estimate of the amount of residential and non-residential land use within
its boundaries. At a minimum, these would be the number of households and the number of employees
or jobs in each zone. The City will be responsible for providing this information within the City for each
TAZ. The following land use categories are required for the PSRC model. Any categories that the City
cannot provide information on will be updated based on assumptions in the PSRC model.
Total households by type:
o Single family
o Multi-family
Total households by income:
o Low income
o Lower-mid income
o Upper-mid income
o Upper income
Total population by type:
o Residential
o Institutional group quarters
o Non-institutional group quarters
Employees by type:
o Retail
o Finance, insurance, real estate, and services (FIRES)
o Government employees
o Education employees
o Wholesale, transportation, communications, and utilities (WTCU)
o Manufacturing
University and college enrollment
3.2 Base Year Scenario Calibration and Validation
The base year scenario will be calibrated and validated under this task. The specific validation checks will
be appropriate for the scope and scale of the City’s model and will include both static and dynamic tests.
The model will be validated to existing conditions data as well as travel behavior patterns consistent with
the PSRC regional model. Sample static validation tests include:
Mode split estimates (SOV, HOV, transit, non-motorized)
Comparison of model volumes to existing counts (at individual locations and screenlines)
Dynamic validation tests will ensure that the model responds appropriately to changes in land use and
modifications to the roadway network. Sample dynamic validation tests include:
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 10
Change the households in a single TAZ by varying amounts (1, 10, 100, or 1,000)
Change the employment in a single TAZ by varying amounts (1, 10, 100, or 1,000)
Add/remove portions of a roadway from the network
Increase/decrease capacity on congested/uncongested roadway segments
Deliverable:
Model validation report summarizing static and dynamic validation tests for each step of the
model. The validation requirements will be discussed, and full results provided for each analysis
time period.
Task 4 - Public Outreach
Building champions for this Transportation Master Plan is incredibly important. Community engagement
is a key component of the overall process, ensuring that community stakeholders have ample opportunity
to identify issues, influence outcomes, and participate in final recommendations.
This engagement program will approach these issues sensitively, creating a constructive context for
conversation, debate, and, perhaps, change. The overall engagement program will enable collaboration in
identifying and resolving issues, facilitate two-way communication, ensure transparency, and build trust.
4.1 Building Awareness
For this phase, BERK will assist the City and Fehr & Peers by defining project messages and creating
templates/materials. BERK will:
Develop content for a dedicated web page hosted by the City.
Develop templates for outreach materials.
Work with the City to distribute materials (e.g. fliers, project business cards) at community events
and standing meetings of stakeholder groups.
Identify social media strategies.
As part of this task, Fehr & Peers will work with BERK and City staff to refresh the Public Outreach Plan
developed as part of Phase 1. We will update the plan to reflect Phase 2 outreach strategies, events, and
timeline. In addition, Fehr & Peers staff will meet with the City Multimedia and Communications
representatives in a one-hour meeting to understand City protocols and best practices to maximize
efficiencies throughout the development of public outreach materials.
4.2 City Council Check-Ins
The Consultant team will present at two City Council meetings to report on progress made and to request
input from the Council. Council input will be needed at key points during the development of the TMP:
MMLOS and planning guidance for projects identification
Financial history and current financial landscape
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 11
Deliverables:
Consultant attendance at City Council meetings
Presentation materials
4.3 City Council Committees Check-Ins
The Consultant team will present at two City Council Sub-Committee meetings. The project team will
report on progress made and to request input from the Council. We anticipate meeting with the City
Subcommittees at the following milestones:
MMLOS and planning guidance for projects identification
Review of public input received and draft performance measures
Deliverables:
Consultant attendance at Public Works Committee meetings
Presentation materials for Public Works Committee and Economic and Community Development
Committee meetings
4.4 Transportation Advisory Board (TAB) Meetings
The TAB group will include a combination of Kent staff, other agencies, key stakeholders, and residents
that are interested in the TMP process to provide both technical guidance and represent community
interests in reviewing TMP recommendations. We will lead up to two meetings of the Transportation
Advisory Board to inform them of the TMP’s purpose and goals, solicit input on key transportation issues,
solicit input on priorities and draft deliverables, and report on progress made.
Fehr & Peers will facilitate the advisory group meetings. BERK will support the work of the advisory group,
such as by identifying agendas for an arc of meetings, sending agendas and materials out and/or
contacting advisory committee members to confirm attendance, and preparing advisory committee notes.
Assumptions
Up to two meetings will be held. If additional meetings are requested by City staff, Fehr & Peers
will put a separate scope together on a cost and materials basis.
Meetings are anticipated to last one and a half hours long
Consultant team will prepare all materials for TAB meetings
City staff will be responsible for recruiting TAB members
Deliverables:
Agendas and other materials for TAB meetings, which may include handouts, figures, maps,
PowerPoint presentations, etc.
Up to three members of the Consultant team will be present at two TAB meetings
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 12
4.5 Targeted Outreach Events and Pop-Ups
Kent is a diverse community with businesses and residents that reflect different ethnicities, cultures, and
primary languages. Outreach activities to “hard to reach” groups are anticipated to include a range of
activities. Early phone calls and discussions with points of contact will help shape later activities. This
targeted outreach will help identify key contacts for follow up in interviews, pop-ups, open
house/workshop participation, or online engagement.
BERK will make use of interpreters regarding materials and to help facilitate in-person meetings; these
interpreters can be City staff who want to cull long-term relationships or interpreters engaged through a
vendor (e.g. Dynamic Languages).
Initial targeted outreach is likely to consist of:
Phone calls, attendance at community events or meetings, or canvassing. Examples:
o Call churches serving ethnic communities to find pastors that take an interest in the plan.
These leaders could help recruit people for a focus group or distribute postcards to take
the online survey.
o Conduct business district canvas.
o Following up with phone calls or emails to keep contacts in hard to reach groups aware
and interested in the project progress.
o Getting on the agenda at community organization meetings to discuss the plan.
BERK will work with the City and Fehr & Peers to identify locations and audiences for pop-up events or
focus groups designed to serve traditionally underserved communities.
BERK will design targeted outreach events and focus groups/pop-up events at four to six locations to gain
public input on plan elements and priorities at early stages of the project:
TMP introduction and priorities (4-6 targeted events to hear from cross-section of community, to
share purpose of project, and to gain initial feedback on priorities)
Locations, timing, and activities may vary based on the results of the targeted outreach.
Assumptions:
City staff will assist with staffing public outreach events
City staff will print any flyers or hand-outs
Fehr & Peers will print poster boards
Deliverables:
Pop-up materials including poster boards and PDF files of hand-outs
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 13
4.6 Online Interactive Webmap
BERK will work with the City and Fehr & Peers to design online engagement. Two phases of on-line
engagement are planned. This may be best timed with the project list development and/or Draft Plan
stage.
To collect additional information from members of the public, Fehr & Peers will develop a user-friendly,
online interactive map where community members can provide input on potential needs and
improvements in specific locations, such as missing bicycle/pedestrian connections, high-stress crossings,
challenging intersections or road segments, or near-miss locations. BERK will draft language for survey
questions to include as part of the webmap engagement.
City staff will review and comment on the draft survey and web map, and the Consultant team will make
one round of edits (as needed). After enough time has passed to allow the public opportunity to register
comments on the website, we will close the interactive web map for additional comments, and Fehr &
Peers will analyze the results, which will inform our project recommendations in Task 3.
Deliverables:
Interactive Webmap
Online map findings section of public outreach memorandum
4.7 Outreach Folio with Infographics
We will create a two-page folio including infographics that can used internally and externally to
communicate the public as part of the outreach effort. City staff can use these materials to communicate
the TMP process to the public and key milestones.
Deliverable:
Outreach Folio
Task 5 - Future Projects Development
Following on the understanding of trends and the identification of priorities, the project team will identify
policies, programs, and projects that advance the city's priorities.
5.1 Begin Developing List of Projects, Policies, and Programs
Once the collision data has been reviewed, a layered network is developed, and level of service standards
adopted, Fehr & Peers will begin to identify projects to improve Kent’s transportation infrastructure,
through inclusion in the short range (6 year) Transportation Improvement Program (TIP) and long range
(20 year) Transportation Master Plan (TMP). This includes reviewing projects in adopted City plans and
programs as well as suggesting capital improvements that fill a gap in the multimodal networks. These
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City of Kent Transportation Master Plan – Phase 2 Scope of Work
June 10, 2019
Page | 14
improvements will address needs identified for all modes (as described in Task 1) and follow the
established transportation priorities.
Fehr & Peers will lead one meeting with City staff, in which we will review the list of roadway projects in
adopted plans and programs (Task 1.2). In addition, Fehr & Peers will work with City staff to add projects
identified in the transportation needs assessment, projects to meet future bicycle, pedestrian, and transit
MMLOS standards, and projects identified in the online webmap.
Assumptions:
City staff will provide a list of roadway projects currently planned for Kent and actively participate
in project list development meetings
City staff will provide planning-level cost estimates for all projects on project list
Auto projects identified using the future forecast model will be identified in a separate scope of
work under Phase 3
Deliverables:
List of draft policies, programs, and projects
Meeting materials including agenda and meeting notes
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Total
PIC PM
Senior
Planner
Senior
Planner
Project
Planner Associate Graphics Admin Principal
Senior
Associate Associate Senior
Associate Associate Associate
Kendra
Breiland
Emily Alice
Gerhart Jeff Pierson Sarah
Saviskas
Corwin
Bell/
Chelsea
Dyess
Aaron Gooze/
David Stanek
Peter
Nguyen/
Krystle Li
Yukari
Bettencourt Lisa Grueter Jason
Hennessy Sherrie Hsu Erika Rhett
Jescelle
Major/
Benjamin
Silver
Natasha
Dunlap
Tasks 270$ 160$ 175$ 155$ 140$ 210$ 150$ 120$ 210$ 155$ 135$ 165$ 135$ 115$ FP Berk
Task 0: Project Management 19,740$
0.1 - Biweekly Meetings and Communication 20 60 4 2 2 12 2 6 4
17,730$ 2,010$ 19,740$
Task 1: Assess Trends and Conditions 113,050$
1.1 - Orientation Interviews 216 16 2
5,580$ -$ 5,580$
1.2 - Review Existing Plans and Related Documents 212 24 2
6,060$ -$ 6,060$
1.3 - Evaluate Funding Options 4 01620 640$ 5,180$ 5,820$
1.4 - Transportation Needs Assessment 10 30 4 72 46 10
26,300$ -$ 26,300$
1.5 - Existing Auto Operations Assessment 24 8 180 20 3 15
36,730$ -$ 36,730$
1.6 - Equity Analysis 2 34 36 2 12 5
13,840$ -$ 13,840$
1.7 - Layered Network Development 12 24 60 16 7
18,720$ -$ 18,720$
Task 2: Metrics Development 28,520$
2.1 - MMLOS Metrics 820 40 4 5
12,160$ -$ 12,160$
2.2 - Performance Metrics 16 34 42 6
16,360$ -$ 16,360$
Task 3: Model Development 63,270$
3.1 - Existing Data Collection and Base Year Model Inputs 34 50 180 17
41,430$ -$ 41,430$
3.2 - Base Year Scenario Calibration and Validation 16 40 80 9
21,840$ -$ 21,840$
Task 4: Public Outreach 107,380$
4.1 - Building Awareness 620 124 8 3 8 18
8,800$ 3,750$ 12,550$
4.2 - City Council Check-Ins 12 20 20 3 6 4 6 6
9,800$ 3,270$ 13,070$
4.3 - Public Works and Economic and Community Development Committees Check-Ins 830 4 3 6 6 6
7,920$ 2,730$ 10,650$
4.4 - Transportation Advisory Board (TAB) Meetings 8 24 4 12 8 4 6 36
10,060$ 5,790$ 15,850$
4.5 - Targeted Outreach Events and Pop-Ups 2 20 6 16 6 3 32 90 40
8,170$ 22,030$ 30,200$
4.6- Online Interactive Webmap 2 12 6 40 32 4 6 6 8
17,030$ 2,070$ 19,100$
4.7 - Outreach Folio with Infographics 26 4 2 1 6 18
2,540$ 3,420$ 5,960$
Task 5: Future Projects Development and Evaluation 17,560$
5.1 - Develop List of Projects, Policies, and Programs 20 36 32 8 6
17,560$ -$ 17,560$
Labor Total 132 476 98 42 836 54 141 119 2 40 24 68 182 40 299,270$ 50,250$ 349,520$
Direct Expenses (mileage, printing, webmap licensing, etc.)14,470$ 1,010$ 15,480$
Total (Labor + Expenses)313,740$ 51,260$ 365,000$
Notes:
This fee proposal is valid for a period of 90 days from the proposal submittal date.Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceededMileage is billed at the IRS rate plus 10% handling feeAll other direct expenses are billed with 10% handling feeOther direct costs include computer, communications, parking, and reproduction charges are billed as a percentage of labor
Fehr & Peers Berk Totals By Firm
8.D.a
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. 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.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
8.D.a
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EXHIBIT B (Continued)
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 Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’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 Consultant 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 Consultant’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
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
8.D.a
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DATE: July 2, 2019
TO: Kent City Council
SUBJECT: Consultant Services Agreement for the South 228th Street
UPRR Grade Separation Bridge and Roadway Phase 5
Project with KBA, Inc - Authorize
MOTION: Authorize the Mayor to sign a contract with KBA, Inc. for
contract administration, contract management, quality control, and
inspection in the amount of $717,000. for the South 228th Union Pacific
Railroad Grade Separation Bridge and Roadway project, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The S. 228th Union Pacific Railroad Grade Separation Bridge and
Roadway project is located on S. 228th St between 4th Ave N. and the west limits of
Interurban Trail. This is the 5th and final phase of the S 228th St Grade Separation
project that will provide geosynthetic and structural earth retaining wall with rock
filled wire facing and shotcrete facing, geofoam block fill, load distribution slab, a
two span bridge structure over the UPRR and interurban trail, traffic barriers,
pedestrian barriers, bridge railing, water quality storm vaults, storm filters, storm
pipe, catch basins, manholes, concrete and HMA pavement, street lighting, conduit,
loops, channelization, signing, various driveway improvements, landscaping and
irrigation.
This consultant contract is needed to provide a resident engineer, inspector, and
subconsultant to perform contract administration, construction management,
quality control, and inspection on this project. Through our selection process
following WSDOT LAG Manual guidelines we have selection KBA, Inc. to provide this
staff in addition to a subconsultant to provide quality control. KBA is a firm based
in Bellevue, WA that specializes in providing construction management and contract
administration on federally funded capital improvement projects for local
municipalities throughout the Puget Sound region.
BUDGET IMPACT: The project will be paid for with funds from Washington State’s
“Connect Washington” program, the Washington State Transportation Improvement
Board, and Business and Occupation Funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
8.E
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ATTACHMENTS:
1. Consultant Services Agreement with KBA, Inc. (PDF)
06/17/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
7/2/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.E
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
KBA, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and KBA, Inc. organized under the laws of the State of Washington, located and
doing business at 11201 SE 8th St., Suite 160, Bellevue, WA 98004-6455, Phone: (425) 455-9720,
Contact: Sam Schuyler (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide Construction Management Services for the S. 228th St. Union
Pacific Railroad Grade Separation Bridge and Roadway - Phase 5 Project. For a description,
see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by June 30, 2021.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Seven Hundred Seventeen Thousand Dollars ($717,000), for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
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:
8.E.a
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(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national 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. Consultant
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.
VII. INDEMNIFICATION. Consultant 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 Consultant'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 Consultant'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 Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
8.E.a
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. 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
8.E.a
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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 VII 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 Consultant.
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 Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
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.
/ /
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/ /
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/ /
8.E.a
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Sam Schuyler
KBA, Inc.
11201 SE 8th St., Suite 160
Bellevue, WA 98004-6455
(425) 455-9720 (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
KBA - 228th Ph 5/Barry
8.E.a
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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: _________________________________________
8.E.a
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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.
8.E.a
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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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EXHIBIT A
SCOPE OF SERVICES
Construction Management Services
For
S. 228th St. Union Pacific Railroad Grade Separation Project – Phase V
KBA, Inc. (Consultant) will provide Construction Management (CM) services to The City of Kent (City) for
the Project known as 228th St. Union Pacific RR Grade Separation Phase V (Project). These services
will include consultation, contract administration, field observation, documentation, and material testing,
as required during the construction of the Project, as detailed below.
Project Description: The project consists of the construction of a grade separation between the Union
Pacific Railroad (UPRR) tracks and S. 228th Street. It will require the installation of a geosynthetic and
structural earth retaining wall with rock filled wire facing and shotcrete facing, geofoam block fill, load
distribution slab, a two span bridge structure over the UPRR and interurban trail, traffic barriers,
pedestrian barriers, bridge railing, water quality storm vaults, storm filters, storm pipe, catch basins,
manholes, concrete and HMA pavement, street lighting, conduit, loops, channelization, signing, various
driveway improvements, landscaping and irrigation. The Designer of Record on this project is
HDR (Designer) and the City of Kent.
I. CONSTRUCTION MANAGEMENT SERVICES
A. Consultant Contract and Team Management. Provide overall day-to-day management of
the consultant contract and team, including:
1. Decide on best modes and frequency of communication with City and Designer. Liaison and
coordinate with City on a regular basis to discuss Project issues and status.
2. Manage Consultant Team, comprised of Consultant’s staff and subconsultants. Organize
and layout work for Consultant Team
3. Review monthly expenditures and Consultant Team scope activities. Prepare and submit to
City monthly, an invoice and progress report describing Consultant Team services provided
that month. Prepare and submit reporting required by funding source(s), if any.
4. Communication on consultant contractual issues will be with the City. Communication on
day-to-day construction activities and issues will be directly between the Consultant and the
City. The City will be an active member of the Project team and consulted on design issues,
and will be provided with information affecting Project progress.
Deliverables
Monthly invoices and progress reports
B. Preconstruction Services
1. Review Contract Documents to familiarize team with Project requirements.
C. Construction Phase Services – Contract Administration
1. Liaison with the City, construction contractor, Designer, appropriate agencies, property
owners, and utilities.
2. Schedule Review:
a. Review construction contractor’s schedules for compliance with Contract Documents.
b. Monitor the construction contractor’s conformance to schedule and require revised
schedules when needed. Advise City of schedule changes.
8.E.a
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3. Progress Meetings. Lead regular (usually weekly) progress meetings with the construction
contractor, including City pre-briefing. Prepare weekly meeting agenda and meeting notes,
and distribute copies to attendees. Track outstanding issues on a weekly basis.
4. Manage Submittal Process. Track and review, or cause to be reviewed by other appropriate
party, work plans, shop drawings, samples, test reports, and other data submitted by the
construction contractor, for general conformance to the Contract Documents.
5. Record of Materials. Manage Record of Materials indicating anticipated material approvals,
material compliance documentation, and materials testing requirements. Maintain records of
material compliance documentation received and advise of any known deficiencies.
6. Prepare weekly statement of working days and distribute to the City and Contractor.
7. Manage RFI (Request for Information) process. Track and review/evaluate, or cause to be
reviewed/evaluated by other appropriate party, RFIs. Manage responses to RFIs.
8. Change Management. Evaluate entitlement, and prepare scope, impact, and independent
estimate for change orders. Facilitate resolution of change orders.
9. Monthly Pay Requests. Prepare monthly requests for payment and/or review payment
requests submitted by the construction contractor. Review with City and construction
contractor, and recommend approval, as appropriate.
10. Evaluate construction contractor’s Schedule of Values for lump sum items. Review the
Contract Price allocations and verify that such allocations are made in accordance with the
requirements of the Contract Documents.
11. Notify construction contractor and City of work failing to meet contract requirements. .
12. Prevailing Wage Monitoring:
a. Monitor Payroll Compliance. Review Statements of Intent to Pay Prevailing Wage
against the Contract Document requirements. Collect, record, and check weekly certified
payrolls and conduct on-site wage interviews, both at a frequency documented in
accordance with Agency guidelines.
13. Assist the City in the investigation of malfunctions or failures during construction.
14. Public Information. Provide information for City to prepare media communications and public
notices on Project status. Provide information for City’s inclusion into a Project website
and/or newsletters, if requested.
15. Record Drawings. Review not less than monthly, the construction contractor’s redline set of
contract plans. Maintain a CM Team set of conformed drawings tracking plan changes,
location of discovered anomalies and other items, as encountered by the CM team. Use
these markups to check the progress of the Contractor-prepared Record Drawings.
16. Document Control. Establish and maintain document filing and tracking systems, following
City guidelines and meeting funding agency requirements. Collect, organize, and prepare
documentation on the Project.
a. One hard copy of files will be kept in the Project field office.
b. Electronic documentation will be stored in a Project Website, using SharePoint software,
managed and hosted by the Consultant. The City will be provided with up to two licenses
for their and the construction contractor’s use of the SharePoint website during the
Project. Consultant will provide one training session each for City and construction
contractor users of the SharePoint system.
c. The Project SharePoint site will transition to “read-only” access upon expiration of the
Agreement, or upon project completion and transfer of final records, whichever occurs
first. Transference of final records will include a digital copy of the files stored in the
Project SharePoint site. Access to SharePoint will expire following that date.
8.E.a
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17. Project Closeout. Prepare Letters of Substantial (including punch list), Physical, and Final
Completion for City approval and signature. Prepare final pay estimate and Final Contract
Voucher Certification for City approval and processing.
18. Final Records. Compile and convey final Project records, transferring to the City for archiving
at final acceptance of the Project. Records will consist of hard copy originals and electronic
records on electronic storage medium.
Deliverables
Monthly Construction Progress Reports
Schedule Review Comments
Meeting Agendas and Notes
Submittal Log
Record of Materials
RFI Log
Change Order(s)
Progress Pay Requests
Letters of Substantial, Physical, and Final Completion
Final estimate and Final Contract Voucher Certification
Final records – hard copy and electronic
D. Construction Phase Services – Field
1. Observe the technical conduct of the construction, including providing day-to-day contact with
the construction contractor, City, utilities, and other stakeholders, and monitor for adherence
to the Contract Documents. The Consultant’s personnel will act in accordance with Sections
1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications.
2. Inspect material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes. Advise the construction contractor and City of any non-
conforming work observed.
3. Prepare Inspector Daily Reports (IDRs), recording the construction contractor’s operations as
actually observed by the Consultant; includes quantities of work placed that day, contractor’s
equipment and crews, and other pertinent information.
4. Interpret Construction Contract Documents, in coordination with Designer.
5. Evaluate issues which may arise as to the quality and acceptability of material furnished,
work performed, and rate of progress of work performed by the construction contractor.
6. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
7. Coordinate with permit holders on the Project to monitor compliance with approved permits, if
applicable.
8. Prepare Field Note Records, Daily Records of Force Account Worked, and other documents
to help facilitate administration of the Project in accordance with funding agency
requirements.
9. Attend and actively participate in regular on-site meetings.
10. Take periodic digital photographs during the course of construction. Photographs to be
labeled and organized.
11. Punch List. Upon substantial completion of work, coordinate with the City and affected
agencies, to prepare a ‘punch list’ of items to be completed or corrected. Coordinate final
inspection with those agencies.
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12. Testing. Conduct or cause to be conducted, materials and laboratory tests. Coordinate the
work of the Field Representative(s) and testing laboratories in the observation and testing of
materials used in the construction; document and evaluate results of testing; and inform City
and construction contractor of deficiencies.
Deliverables
IDRs with Project photos – submitted on a weekly basis
Field Note Records and Daily Records of Force Account Worked
Punch List(s)
Test reports
E. Assumptions
1. Budget:
a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted for a 240 construction contractor working day period
plus 10 days project startup and 20 days project closeout. Overtime has not been figured
into the budget.
b. Consultant will work up to the limitations of the authorized budget. If additional budget is
needed to cover such instances as the following, City and Consultant will negotiate a
supplement to this Agreement:
i. The contractor’s schedule requires inspection coverage of extra crews and shifts.
ii. The construction contract runs longer than the time period detailed above.
iii. Any added scope tasks.
iv. The work is anticipated to be performed during daytime hours. Should night work be
necessary, a 15 percent differential for labor will be applied to all night shift hours
worked by Consultant’s employees.
c. The budget allocations shown on Exhibit B are itemized to aid in Project tracking
purposes only. The budget may be transferred between people, or between labor and
expenses, provided the total contracted amount is not exceeded without prior
authorization.
d. The budget assumes that Consultant’s standard forms, logs, and processes will be used
on the Project SharePoint site. Any customization to meet specialized City requirements
will be Extra Work.
e. Should Consultant’s level of effort extend beyond the time period detailed in the attached
Exhibit B - Estimate, and into a new year, labor rates will adjust annually on January 1,
with 30-day written notice to Agency.
2. Items and Services City will provide:
a. Meeting arrangements and facilities for pre-bid and preconstruction meetings. Prepare
and distribute meeting notes from pre-bid meeting(s), if any.
b. Field office, including:
i. workstations (desk, chair, and storage) for two staff
ii. conference table and chairs
iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color
iv. miscellaneous office supplies
v. utilities and sanitary facilities
c. Retain Engineer of Record for shop drawing review, RFIs, design changes, and final
record drawings.
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d. Coordination with and enforcement of utility franchise agreements and/or contracts and
schedules for services related to this Project.
e. Verify that the required permits, bonds, and insurance have been obtained and submitted
by the construction contractor. Obtain all permits not required to be provided by
construction contractor.
f. Construction Survey. Provide project control survey and staking that is not already
assigned to the construction contractor.
3. Scope:
a. The SharePoint tool being used on this Project is proprietary to the Consultant (KBA,
Inc.), and may not be used by any other party or on any other project without the written
permission and involvement of KBA, Inc.
b. Consultant will provide inspection services for the days/hours that its’ Inspector(s)
personnel is/are on-site. The Inspector(s) will not be able to observe or report
construction activities, or collect documentation, during the time they are not on-site.
c. The Consultant’s monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the Contract Documents;
in case of noncompliance, Consultant will reject non-conforming work and pursue the
other remedies in the interests of the City, as detailed in the Contract Documents. The
Consultant cannot guarantee the construction contractor’s performance, and it is
understood that Consultant shall assume no responsibility for proper construction means,
methods, techniques, Project site safety, safety precautions or programs, or for the failure
of any other entity to perform its work in accordance with laws, contracts, regulations, or
City’s expectations.
d. Definitions and Roles. The use of the term “inspect” in relation to Consultant services is
synonymous with “construction observation,” and reference to the “Inspector” role is
synonymous with “Field Representative,” and means: performing on-site observations of
the progress and quality of the Work and determining, in general, if the Work is being
performed in conformance with the Contract Documents; and notifying the City if Work
does not conform to the Contract Documents or requires special inspection or testing.
Where “Specialty Inspector” or “specialty inspection” is used, it refers to inspection by a
Building Official or independent agent of the Building Official, or other licensed/certified
inspector who provides a certified inspection report in accordance with an established
standard.
e. Because of the prior use of the Project site, there is a possibility of the presence of toxic
or hazardous materials. Consultant shall have no responsibility for the discovery,
presence, handling, removal or disposal of toxic or hazardous materials, or for exposure
of persons to toxic or hazardous materials in any form at the Project site, including but
not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic
substances. If the Consultant suspects the presence of hazardous materials, they will
notify the City immediately for resolution.
f. Review of Shop Drawings, samples, and other submittals will be for general conformance
with the design concept and general compliance with the requirements of the contract for
construction. Such review will not relieve the Contractor from its responsibility for
performance in accordance with the contract for construction, nor is such review a
guarantee that the work covered by the shop drawings, samples and submittals is free of
errors, inconsistencies or omissions.
g. Any opinions of probable construction cost provided by the Consultant will be on the
basis of experience and professional judgment. However, since Consultant has no
control over competitive bidding or market conditions, the Consultant cannot and does
not warrant that bids or ultimate construction costs will not vary from these opinions of
probable construction costs.
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h. Development of construction schedules and/or sequencing, and/or reviewing and
commenting on contractor’s schedules, is for the purpose of estimating number of days to
complete a project, and for identifying potential schedule and coordination challenges
and determining compliance with the construction contract. It is not a guarantee that a
construction contractor will complete the Project in that sequence or timeline, as means
and methods are the responsibility of the construction contractor.
i. Consultant is not responsible for any costs, claims or judgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the Contract Documents
prepared by others. The Consultant does not have responsibility for the professional
quality or technical adequacy or accuracy of the design plans or specifications, nor for
their timely completion by others.
j. Consultant’s indemnity and defense obligations are limited to the extent of those
damages directly caused by the negligent acts, errors, or omissions of the Consultant.
Any damages and/or costs that may be recovered shall be limited to the total amount
authorized for this Project.
k. City agrees to include a statement in the construction Bid Documents for this Project,
requiring construction contractor to name KBA, Inc. as an additional insured via CG 2010
& CG 2037 10/01, or their equivalent, endorsements to the contractor’s commercial
general liability and automobile insurance policies.
l. RCW 4.24.115 is applicable to Consultant’s services provided under this Agreement.
m. Services provided by the Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances, in the same geographical
area and time period. Nothing in the Agreement is intended to create, nor shall it be
construed to create, a fiduciary duty owed by either party to the other.
n. City agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to City, after an acceptance
period of 30 days after delivery of the electronic files, because data stored on electronic
media can deteriorate undetected or can be modified without Consultant’s knowledge.
o. Consultant will not be liable for any damage to the field office premises or utilities
provided by City, unless caused by Consultant’s own negligence.
II. OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the City, will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget.
8.E.a
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Project Name:228th St. Union Pacific RR Grade Sep Ph V Month Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20
Client Project No.:N/A Days/Mo 19 21 22 20 22 22 20 22 22 21 21 22 19
KBA Project No.:BP-17-057-03 Hr/Mo 152 168 176 160 176 176 160 176 176 168 168 176 152
Contract Type:Cost + Net Fee (on DSC only)Extra Work 13%13%13%13%13%13%13%13%13%13%13%13%13%
Date Prepared:5/16/2019 Adj Hr/Mo 171 189 198 180 198 198 180 198 198 189 189 198 171
Prepared by:Sam Schuyler
Salary Escalation 5%Start-Up
KBA Labor Hours EXHIBIT B Closeout
Employee Title 2019
Rate
2020
Rate
2021
Rate Total Hours 2019 Total 2020 Total 2021 Total Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20
Sam Schuyler (M2) Project Manager $72.50 $76.13 $79.93 26 4 22 - 2 2 2 2 2 2 2 2 2 2 2 2 2
Amanda Beckwith (A3) Contract Admin $34.60 $36.33 $38.15 18 5 13 - 4 1 1 1 1 1 1 1 1 1 1 1 3
Wendy Blackwood (A3) Subconsultant CA $33.00 $34.65 $36.38 18 5 13 - 4 1 1 1 1 1 1 1 1 1 1 1 3
Cameron Bloomer (E4) FE/OE $52.00 $54.60 $57.33 2,340 324 2,016 - 135 189 198 180 198 198 180 198 198 189 189 198 90
Gary Paxton (T5) Inspector $51.00 $53.55 $56.23 1,773 324 1,449 - 135 189 198 180 198 198 180 153 153 189 - - -
Gary Paxton (T5) Inspector- NS $58.65 $61.58 $64.66 90 - 90 - - - - - - - - 45 45 - - - -
Subtotal - KBA Labor Hours 4,265 662 3,603 - 280 382 400 364 400 400 364 400 400 382 193 202 98
Direct Expenses
Item Total Costs 2019 Total 2020 Total 2021 Total Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20
Vehicles @ $950/month (plus tax)22,744$ 3,883 18,861 - 1,787 2,096 2,096 2,096 2,096 2,096 2,096 2,096 2,096 2,096 1,048 1,048 -
Vehicles @ $6/hour (plus tax)596$ - 596 - - - - - - - - - - - - - 596
Misc: Supplies, Equipment, Copies, Postage 295$ 53 242 - 31 22 22 22 22 22 22 22 22 22 22 22 22
Subtotal - Direct Expenses 23,635$ 3,936 19,699 - 1,818 2,118 2,118 2,118 2,118 2,118 2,118 2,118 2,118 2,118 1,070 1,070 618
Subconsultant(s)
Subconsultants Total Costs 2019 Total 2020 Total 2021 Total Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20
Terracon Consultants, Inc.56,466$ - 56,466 - - - - 7,060 7,058 7,058 7,058 7,058 7,058 7,058 7,058 - -
Subtotal - Subconsultant Costs 56,466$ - 56,466 - - - - 7,060 7,058 7,058 7,058 7,058 7,058 7,058 7,058 - -
Combined Costs
Employee Title 2019
Rate
2020
Rate
2021
Rate Total DSC 2019 Total 2020 Total 2021 Total Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20
Sam Schuyler (M2) Project Manager $72.50 $76.13 $79.93 1,965$ 290 1,675 - 145 145 152 152 152 152 152 152 152 152 152 152 152
Amanda Beckwith (A3) Contract Admin $34.60 $36.33 $38.15 645$ 173 472 - 138 35 36 36 36 36 36 36 36 36 36 36 109
Wendy Blackwood (A3) Subconsultant CA $33.00 $34.65 $36.38 615$ 165 450 - 132 33 35 35 35 35 35 35 35 35 35 35 104
Cameron Bloomer (E4) FE/OE $52.00 $54.60 $57.33 126,922$ 16,848 110,074 - 7,020 9,828 10,811 9,828 10,811 10,811 9,828 10,811 10,811 10,319 10,319 10,811 4,914
Gary Paxton (T5) Inspector $51.00 $53.55 $56.23 94,118$ 16,524 77,594 - 6,885 9,639 10,603 9,639 10,603 10,603 9,639 8,193 8,193 10,121 - - -
Gary Paxton (T5) Inspector- NS $58.65 $61.58 $64.66 5,542$ - 5,542 - - - - - - - - 2,771 2,771 - - - -
Direct Salary Costs 229,807$ 34,000 195,807 - 14,320 19,680 21,637 19,690 21,637 21,637 19,690 21,998 21,998 20,664 10,543 11,034 5,279
Overhead (Home) @ 5,345$ 1,041 4,305 - 688 352 370 370 370 370 370 370 370 370 370 370 605
Overhead (Field) @ 332,804$ 49,017 283,787 - 20,424 28,593 31,452 28,593 31,452 31,452 28,593 31,983 31,983 30,023 15,157 15,879 7,218
Subtotal (DSC + OH)567,956$ 84,058 483,899 - 35,432 48,625 53,459 48,653 53,459 53,459 48,653 54,352 54,352 51,056 26,070 27,283 13,102
Fee (on DSC only) @ 68,942$ 10,200 58,742 - 4,296 5,904 6,491 5,907 6,491 6,491 5,907 6,600 6,600 6,199 3,163 3,310 1,584
Subtotal (DSC + OH + Fee)636,899$ 94,258 542,641 - 39,729 54,529 59,950 54,560 59,950 59,950 54,560 60,951 60,951 57,255 29,232 30,593 14,686
Direct Expenses (No Markup)23,635$ 3,936 19,699 - 1,818 2,118 2,118 2,118 2,118 2,118 2,118 2,118 2,118 2,118 1,070 1,070 618
Subconsultant(s)56,466$ - 56,466 - - - - 7,060 7,058 7,058 7,058 7,058 7,058 7,058 7,058 - -
TOTAL ESTIMATED COSTS 717,000$ 98,194 618,806 - 41,547 56,647 62,068 63,738 69,126 69,126 63,736 70,127 70,127 66,431 37,360 31,663 15,304
Rounded to nearest whole dollar.
CONFIDENTIAL & PROPRIETARY TO KBA, INC.
165.72%
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Ph V Construction (240 working days)
146.88%
30.00%
Printed: 5/16/2019 11:50 AM S:\Projects\Contracts\Client\Kent\BP-17-057-03 Kent-228th-St-Ph V\Drafts&NegotiationRecords\In-houseDrafts\Exhibit-B-Estimate-Kent-228th-PhV-v3-2019-0516
8.E.a
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EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. 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.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $4,000,000 general
aggregate.
8.E.a
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EXHIBIT C (Continued)
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 Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’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 Consultant 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 Consultant’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
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
8.E.a
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DATE: July 2, 2019
TO: Kent City Council
SUBJECT: Grant Agreement with Washington Department of
Commerce for Park Improvements at Morrill Meadows Park
– Authorize
MOTION: Authorize the Mayor to sign a grant award agreement with the
Washington Department of Commerce, in the amount of $970,000, for park
improvements at Morrill Meadows Park adjacent to the East Hill YMCA,
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY: The City has applied for and received a grant award from the
Washington State Department of Commerce for $970,000 to help fund costs
associated with the project.
These funds will be used for capital expenditures for construction and site
improvements during the Morrill Meadows Park Renovation project, adjacent to the
East Hill YMCA currently under construction.
BUDGET IMPACT: Revenue impact to the YMCA/Morrill Meadows capital budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Grant Agreement to the City of Kent through the Local and Community
Projects Program (PDF)
06/20/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
7/2/2019 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
8.F
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Department of Commerce
Grant to
For
City of Kent
through
The Local and Community Projects Program
East Hill YMcA/Park Renovation - Park improvements at Morrill
Meadows Park adjacent to the YMCA.
Staft date:January 19, 2018
Washington State Department of Commerce
www,commerce.wa.gov
8.F.a
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TABLE OF CONTENTS
Face Sheet ................
Special Terms and Conditions
1.
2.
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4.
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14.
15.
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20.
General Terms and Conditions ..........
1. Definitions.2. Access to Data3. Advance Payments Prohibited4. AllWritings Contained Herein5. Amendments.............6. Americans with Disabilities Act (ADA). . ..7. Assignment................8. Attorney's Fees.........9. Audit........10. Confidentiality/Safeguardingoflnformation...11. Conflict of lnterest.12. Copyright Provision...13. Disputes14. Duplicate Payment...15. Governing Law and Venue16. lndemnification ..........17. lndependent Capacity of the Grantee18. lndustrial lnsurance Coverage19. Laws.........20. Licensing,Accreditationand Registration.....21. Limitation of Authority22. Noncompliance with Nondiscrimination Laws23. Pay Equity24. PoliticalActivities25. Publicity26. Recapture27. RecordsMaintenance...............28. Registration with Department of Revenue.....
1
2
Grant Management.............. .................2
compensation............:..: ::.: ................ ... ..........2
CertificationofFundsPerformanceMeasures............... .........2
Prevailing Wage Law.......... ..................3
Documentation and Security .................3
Basis for Establishing Real Property Values for Acquisitions of Real Property....4
Expenditures Eligible for Reimbursement ..............4
Billing Procedures and Payment.............. ..............4
Subcontractor Data Collection.. 5lnsurance.. ..........5
Order of Precedence ........... ................. 6
Reduction in Funds.... ..........7
Ownership of ProjecVCapital Facilities... ................7
Change of Ownership or Use for GRANTEE-Owned Property .................7
Change of Use for Leased Property Performance Measure .....................7
Modification to the Project Budget...... .................... 8
Signage, Markers and Publications........ ................8
Historical and CulturalArtifacts ............. 8Reappropriation........ ........... g
Termination for Fraud or Misrepresentation ........... g
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29.
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Right of lnspection.
Savings.....
Severability ...............
Site Security ..............
Subg rantingiSubcontracti ng ..
Survival.....
Taxes.......
Termination for Cause
Termination for Convenience
Termination Procedures........
Treatment of Assets...
Waiver
.7
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Attachment A, Scope of Work, Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
8.F.a
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FACE SHEET
Grant Number: l8-9 6616'052
Washington State Department of Commerce
local Government Division
Community Capital Facilities Unit
As (optional)2. GRANTEE Doing Business
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
1. GRANTEE
SherylReed
Project Manager
(360)72s-3074
Fax 360-586-5880
sheryl.reed@commerce'wa' gov
P.O. Box 42525
1011 Plum Sheet SE
Olympia, WA 98504-2525
4. COMMERCE Representative
Bryan Higgins
(253) 856-s1 13
bhiggins@kentwa.gov
3. Grantee Representative
8. End Date
6t3012021
7. Start Date
ll19l20r8
6. Funding Source
Federal: fl state: [t otner: f] N/A: fl5. Grant Amount
s970,000.00
Federal Agencv
N/A
CFDA Number
N/A
9. Federal Funds (as applicable)
N/A
13. DUNS #
N/A
12. UBI #
173 000 002
11. SWV #
0000552-00
10. Tax ID #
9l-6001254
14. Grant PurPose
The outcome of this performance-based contract is park improvements at Morrill Meadows as referenced in Attachment A - Scope
of Work.
4.2s.
Date
Mark K. BarkleY, Assistant Director
FOR COMMERCE
L,lp b/rfl
Date
APPROVED AS TO FORM
FORGRANTEE
Mayor
Date
l
8.F.a
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THls CoNTRACT' entered into by and between the city of Kent (a unitof rocar government) hereinafteri:t::tL.flfi'=HS3:,i,irt-Rrg+Hry;;ninston siail o"pl,t'"nt or commJrce-ihereinafter rererred
wHEREAS' CoMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperateylffi:f#llt"r:*'"" nce to locai sovern ments, businesses, a nd com m u n ity-based
wHEREAS' coMMERcE is als-ogiven the responsibility to administer state funds and programswhich are assigned to coMMERce nv tn" Governor;iil w;ington state Legistature; and
WHEREAS, the washington state Legisrature has, in Laws of 201g, chapter 2, section 1016,made an appropriation.to support tne local-and community projects program, and directedCOMMERCE to administer tirbse funC
"ro
wHEREAS' the enabling legislation also stiputates that the GRANTEE is etigibte to receivefunding for acquisition, ions-truction, or. r"n"oirit"tion i" u"ntrr" hereinafter r;ferreo to as the"Project"). rrqtrvrr \d v
[?HiJfil5[3fi"=i [#lf$%l'::?jfiJ:iants, conditions, perrormances, and promises hereinafter
1. GRANTMANAGEMENT
The Representative fo',9q.9.h of the parties.,shall b-e responsible for and shall be the contact person forall communications and bitings ,""gJrdi;g the performance of this Grant.
Il:j:?ffJ8ilif for CoMMERCE and their contact information are identified on the Face
Il:j:?fitJ'ltilif for the GRANTEE and their contact information are identified on the Face
COMPENSATION
coMMERcE shall Day an amount not to exe'eed $970,000.00 for the capitar costs necessary for orincidentar to the performance of work ", ,"t forth in the scope of work.
2.
3.
A' The release of state funds under this contract is contingent upon the GRANTEE certifying that ithas expended or has access to runos rrom non-state s6urces as set forth in ATTACHMENT C(cERTlFlcATloN oF THE AVAIIA;IiirY oF rur.iDs To;DMeLETE THE eRoJECT), hereofsuch non-state sources may consist of a combination of any of the forowing:i) Erigibre project expenditures prior to the execution of this contract.ii) Cash dedicated to the project.
iii) Funds available through a letter of credit or other binding loan commitment(s).iv) Pledges from foundations or corporations.v) Pledges from individualdonors.
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{,
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
vi)The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
ln-kind contributions, subject to COMMERCE'S approval.vii)
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE'S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the lndustrial Statistician at the Washington Department
of Labor and lndustries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of over $500,000 in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title lnsurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
a. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
G. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
lnformation technology infrastructure; and
Landscaping
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed lnvoice
Voucher (Form A-19), that documents capitalized Project activity performed - by budget line item -
for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The finalvoucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 18, hereof.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the lnvoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors"
shall mean subcontractors of any tier.
10. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The GRANTEE shall provide insurance coverage that shall be maintained in fullforce and effect
during the term of this Grant, as follows:
CommercialGeneral Liability lnsurance Policy. Provide a CommercialGeneral Liability
lnsurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds inlo program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a SelfJnsurance Program.
Self-lnsured/Liability Pool or Self-lnsured Risk Management Program - With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self-insured risk management program. ln order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
GovernmentalAccounting Standards Board (GASB), 2) FinancialAccounting Standards Board
(FASB), and 3) the Washington State Auditois annual instructions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
11. ORDEROFPRECEDENCE
ln the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
. precedence in the following order:
o Applicable federal and state of Washington statutes and regulations. SpecialTerms and Conditions. GeneralTerms and Conditions. Attachment A - Scope of Work
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
. AttachmentB-Budget
. Attachment C - Certification of the Availability of Funds to Complete the Project. Attachment D - Certification of the Payment and Reporting of Prevailing Wagesr Attachment E - Certification of lntent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
12. REDUCTION IN FUNDS
ln the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
13 OWNERS HI POF PROJ ECT/CAPITAL FACILITI ES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the date the final
payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 26 (Recapture provision).
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10) years from the date the final payment is made hereunder.
B. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision).
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
{6. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the
line item by more than fifteen percent (15o/o).
B. The GRANTEE shall notify COMMERCE in writing (by emailor regular mail) when proposing any
budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof,
thatwould increase the line item by more than fifteen percent (15o/o). Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent
(15%) threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
17. STGNAGE. MARKERS ANp PUBLIqATTONS
lf, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify "The Taxpayers of Washington State" as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall
complete the requirements of Governor's Executive Order 05-05, where applicable, or Contractor
shall complete a review under Section 106 of the National Historic Preservation Act, if applicable.
Contractor agrees that the Contractor is legally and financially responsible for compliance with all
laws, regulations, and agreements related to the preservation of historical or cultural resources and
agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to
such historical or cultural resources s discovered, disturbed, or damaged as a result of the project
funded by this Contract.
ln addition to the requirements set forth in this Contract, Contractor shall, in accordance with
Governor's Executive Order 05-05, coordinate with Commerce and the Washington State Department
of Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with
any affected tribe(s), during Project design and prior to construction to determine the existence of any
tribal cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts
to the cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
lf human remains are uncovered, the Contractor shall report the presence and location of the remains
to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's
cultural statf or committee.
The Contractor shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
ln addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding lndian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48
regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 05-05.
ln the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be
required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic
Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2019 will
lapse on that date unless specifically reappropriated by the Washington State Legislature. lf
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. ln the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRE SENTATIO N
ln the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed
to the GRANTEE under the Grant.
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GENERAL TERMS AND GONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal lnformation" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subgranteeisubcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. lt also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESSTODATA
ln compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336. also referred to
as the "ADA" 28 CFR Part 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS'FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. lf required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
ln the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
ln any case, the GRANTEE's records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE's fiscal yea(s) by sending a scanned copy to
auditreview@commerce.wa.qov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
ln addition to sending a copy of the audit, when applicable, the GRANTEE must include
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
. Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
. Copy of the Management Letter.
lf the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. c ONFIDENTIALITY/SAFEGUARDING OF IN
A. "Confidential lnformation" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential"
by COMMERCE;
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health lnformation" under the federal Health lnsurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shallcomply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential lnformation. The GRANTEE shall use Confidential lnformation
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential lnformation to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shalltake all necessary steps to assure that
Confidential lnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential lnformation or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential lnformation that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found
after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the
CONTRACTOR in the procurement of, or performance under this contract.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must
identify any person employed in any capacity by the state of Washington that worked on this Grant, or
any matter related to the project funded under this Grant or any other state funded project, including
but not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. ldentify the individual by name, the agency previously or currently employed by, job title
or position held, and separation date. lf it is determined by COMMERCE that a conflict of interest
exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant.
ln the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the
contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause
shall ndt be exclusive and are in addition to any other rights and remedies provided by law. The
existence of facts upon which COMMERCE makes any determination under this clause shall be an
issue and may be reviewed as provided in the "Disputes" clause of this contract.
12. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. ln the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
13. DISPUTES
Except as othenvise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
. be in writing;o state the disputed issues;r state the relative positions of the parties;. state the GRANTEE's name, address, and Contract number; and
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GENERAL GRANT
STATE FUNDS
. be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
14. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgranUsubcontract, or agreement, for the
same services or expenses.
15. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
16. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
17. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
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GENERAL GRANT
STATE FUNDS
18. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all appiicable provisions of Title 51 RCW, lndustrial lnsurance. lf
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the lndustrial lnsurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
lndustries, (L&l) Division of lnsurance Services. This provision does not waive any of L&l's rights to
collect from the GRANTEE.
19. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
20. LICENSING ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
21. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. ln the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein.
23. PAY EQUITY
The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
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GENERAL GRANT
STATE FUNDS
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
24. POLITIGAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
25- PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
26. RECAPTURE
ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
27. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
lf any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved
28. REGISTRATION WITH DEPARTMENT OF REVENUE
lf required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
29. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to'COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
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GENERAL GRANT
STATE FUNDS
30. SAVINGS
ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. ln lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
31. SEVERABILITY
The provisions of this Grant are intended to be severable. lf any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
32. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
33. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. ln no event shall the existence of the subgranUsubcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts.
GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or
otherwise make known to unauthorized persons personal information without the express written
consent of COMMERCE or as provided by law.
34. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
35. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
36. TERMINATION FOR CAUSE
ln the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. lf corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
ln the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.9., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience"
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
37. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. lf this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
38. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/su bcontracts;
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
4. Settle all outstanding liabilities and all claims arising out of ,such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Tran$fer title tp COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
39. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a..
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in
part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided.herein
or approvdd by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. lf any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
40. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be-a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A
Scope of Work
These funds will be used for capitalexpenditures related to park improvements at the Morrill Meadows
Park adjacent to the Kent YMCA in Kent. This includes but is not limited to connecting two separate
parks into one and feature an expanded parking area, walking trails, outdoor multi-purpose sport court, off
leash area, outdoor art designed to function as exercise equipment and open lawn area.
The park improvements are designed to complement the active uses of the YMCA.
The projects estimated date of completion is October 2020.
All project work completed with prior legislative approval. The "Copyright Provisions", Section 12 of the
GeneralTerms and Conditions, are not intended to apply to any architecturaland engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
RANTEE
TITLE
DATE
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Attachment B
Budget
Line ltem Amount
Architecture &tneen $690,000.00
Site Acquisition $0.00
Construction $8.500,000.00
Caoitalized Equipment $0.00
Construction ement $35,000.00
Other $0.00
Total Gontracted Amount $9,225,000.00
CERTIFICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the dnnrufEe's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
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Attachment C
Certification of the Availability of Funds to Complete the project
CERTIFICATION PER RMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible project expenses, or is -
committed in writing and available and will remain committed and availabie solely and specificaliy for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request.
GRANTEE
TITLE
DATE
Non-State Funds Amount Total
of Kent
Total Non-State Funds
$8,255.000.00
$8,255,000.00 $8,255.000.00
State Funds
State $970,000.00 $970,000.00
Total Non-State and State Sources $9,225,000.00
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Attachment D
Certification of the Payment and Reporting of Prevailing Wages
CERTI FICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of January 19,2018,
including but not limited to the filing of the "statement of lntent to Pay Prevailing Wages" and "Affidavit of
Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to
evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S
review upon request.
lf any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth abgve has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
DATE
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Attachment E
Gertification of lntent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITL
DATE
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DATE: July 2, 2019
TO: Kent City Council
SUBJECT: King County Youth and Amateur Sports Grant Agreement
for West Fenwick Park - Authorize
MOTION: Authorize the Mayor to sign a grant agreement with King County
in the amount of $200,000, for the playground at West Fenwick Park,
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY: Park planning staff applied for grant funds for playground
improvements that are part of the West Fenwick Park Renovation project. The
Youth and Amateur Sports Grants supports fit and healthy communities by
investing in programs and capital improvements that reduce barriers to accessing
physical activity. The City was awarded $200,000 toward a new playground based
on the classic children’s board game Chutes and Ladders®.
The playground will provide an endless combination of ways to climb, slide, walk ,
and run around a unique space. It will function as both a traditional playground and
as a 3-dimensional interactive board game including a variety of ladders and slides
and imaginative play opportunities with an emphasis on accessibility and play for all
abilities.
BUDGET IMPACT: Revenue impact to the West Fenwick Park Renovation Phase 2
capital budget
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Youth and Amateur Sports Capital Grant Agreement with King County (PDF)
06/20/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
7/2/2019 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
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Youth and Amateur Sports Grant Agreement
Capital Grant Agreement
Department/Division:Natural Resources and Parks / Parks and Recreation
Agency:City of Kent Parks and Recreation
Project:Chutes and ladders Playground
Amount:$200,000.00 Project#: Contract#:
Term Period: May 1, 2019 To December 31, 2020
THIS CAPITAL GRANT AGREEMENT (“Agreement”) is entered into by KING COUNTY (the
“County”), and City of Kent Parks and Recreation (the “Agency”), whose address is: 220 Fourth
Ave. S.
Kent, WA 98032
WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or
amateur sports opportunities or acts as a fiscal sponsor for such Project;
WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports
Fund (“YASF”) Grant award to assist in projects that provide increased athletic opportunities for the
citizens of King County, Washington;
WHEREAS, the Agency shall utilize the award to address an athletic need in King County; and
WHEREAS, King County is authorized to administer the YASF grant project and enter into
agreements for the use of King County funds by public agencies or not-for-profit organizations to
provide a service to the public under King County Ordinance 18409 § 84;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows:
1. The Agency shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits, which are incorporated herein by reference:
Program Summary and Scope of Work Attached hereto as Exhibit I
Capital Budget Attached hereto as Exhibit II
Project Design Schematic Attached hereto as Exhibit III
2. TERM
This Agreement shall commence on May 1, 2019, and shall expire on the December 31, 2020,
unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement.
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YASF – Capital Grant [ City of Kent Parks and Recreation ]
Page 2 of 9
3. PREMISES
This grant Project is located at:
220 Fourth Ave. S.
Kent, WA 98032
4. PARTIES
All communication, notices, coordination, and other tenets of this Agreement shall be managed
by:
On behalf of County:
Butch Lovelace, YSFG Project Manager
King County Parks and Recreation Division
201 South Jackson Street, Suite 700
Seattle, WA 98104-3855
Email: butch.lovelace@kingcounty.gov
Phone: 206.477.4577
On behalf of Agency:
Bryan Higgings, Parks Capital Project Manager
220 Fourth Avenue South
Kent, WA 98032
Email: BHiggins@kentwa.gov
Phone: 253-856-5113
5. COMPENSATION AND METHOD OF PAYMENT
A. Excepting only Council directed grant funds, County shall authorize, at County’s sole
discretion, release of a portion of the grant funds, upon execution of this Agreement, and
receipt of Agency’s County-approved Scope of Work and Capital Budget (see Section 6).
County shall initiate authorization for payment after approval of corrected invoices and
required exhibits. County shall make payment to the Agency not more than thirty (30) days
after a complete and accurate invoice and required documentation is received and approved.
B. Agency shall submit its final invoice and any outstanding deliverables within fifteen (15)
days of the date this Agreement expires or is terminated. If the Agency’s final invoice and
reports are not submitted by the day specified in this subsection, County will be relieved of
all liability for payment to the Agency of the amounts set forth in said invoice or any
subsequent invoice.
6. AGENCY DELIVERABLES
A. Project Summary and Scope of Work. Agency shall provide a County-approved Project
Summary and Scope of Work, attached hereto as Exhibit I. The Project Summary and
Scope of Work shall describe Agency’s capital project, facility use and programming, and
description of its intended use of grant funds.
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B. Capital Budget. Agency shall provide a County-approved Capital Budget, attached hereto
as Exhibit II. Agency shall apply the funds received from the County under this Agreement
in accordance with said budget. If, at any time during the Term of this Agreement, Agency
expects that the cumulative amount of transfers among the budget categories may exceed
ten percent (10%) of the Agreement amount, then Agency shall notify County to request
approval. Supporting documents necessary to explain fully the nature and purpose of the
change(s) and an amended budget may be required for each request for such approval.
County approval of any such amendment shall not be unreasonably withheld.
C. Project Design Schematic. Agency shall provide a County-approved Project Design
Schematic, attached hereto as Exhibit III.
7. COMMUNICATION
Agency shall recognize County as a “grant sponsor” for the grant project in the following
manner:
A. Events: Agency shall invite and recognize “King County Parks” at all events promoting the
project, and at the final project dedication.
B. Community Relations: Agency shall recognize “King County Parks” as a “grant sponsor”
in all social media, websites, brochures, banners, posters, press releases, and other
promotional material related to the Project.
8. PUBLIC ACCESS
These funds are provided for the purpose of developing and/or supporting the delivery of sports
activities or infrastructure for, but not exclusively serving, persons under twenty-four (24) years
of age, and low and moderate income communities within King County. Fees for the Project
shall be no greater than those generally charged by public operators or project providers in King
County.
9. INTERNAL CONTROL AND ACCOUNTING SYSTEM
Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental
accounting and financial reporting standards in accordance with Revised Code of Washington
(RCW) Chapter 40.14.
10. MAINTENANCE OF RECORDS
A. Agency shall maintain accounts and records, including personnel, property, financial,
Project records, including Agreement deliverables, and other such records as may be
deemed necessary by the County to ensure proper accounting for all Agreement funds and
compliance with this Agreement.
B. These records shall be maintained for a period of six (6) years after the expiration or earlier
termination of this Agreement unless permission to destroy them is granted by the Office of
the Archivist in accordance with RCW Chapter 40.14.
C. Agency shall inform the County in writing of the location, if different from the Agency
address listed on page one of this Agreement, of the aforesaid books, records, documents,
and other evidence and shall notify the County in writing of any changes in location within
ten (10) working days of any such relocation.
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11. RIGHT TO INSPECT
County reserves the right to review and approve the performance of Agency with regard to this
Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding this
Agreement and the Project upon seventy-two (72) hours’ notice during normal business hours.
12. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Agency, in cooperation and agreement with the owners of the Premises, shall comply with all
applicable laws, ordinances and regulations in using funds provided by the County, including,
without limitation, those relating to providing a safe working environment to employees and,
specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA);
and, to the extent applicable, those related to “public works,” payment of prevailing wages, and
competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs
associated with achieving such compliance without notice from King County; and further agrees
that King County, does not waive this Section by giving notice of demand for compliance in
any instance. The Agency shall indemnify and defend the County should it be sued or made the
subject of an administrative investigation or hearing for a violation of such laws related to this
Agreement.
13. CORRECTIVE ACTION
A. If the County determines that a breach of contract has occurred or does not approve of the
Agency's performance, it will give the Agency written notification of unacceptable
performance. The Agency will then take corrective action within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to
the Agency.
B. The County may withhold any payment owed the Agency until the County is satisfied that
corrective action has been taken or completed.
14. TERMINATION
A. The County may terminate this Agreement in whole or in part, with or without cause, at any
time during the Term of this Agreement, by providing the Agency ten (10) days advance
written notice of the termination.
B. If the termination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Agency shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Agency by the County.
C. Any King County obligations under this Agreement beyond the current appropriation year
are conditioned upon the County Council's appropriation of sufficient funds to support such
obligations. If the Council does not approve such appropriation, then this Agreement will
terminate automatically at the close of the current appropriation year.
15. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and assumes
no obligation for future support of the activity contracted for herein except as expressly set forth
in this Agreement. The Agency understands, acknowledges, and agrees that the County shall
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not be liable to pay for or to provide any utilities or services in connection with the Project
contemplated herein.
16. HOLD HARMLESS AND INDEMNIFICATION
The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless King County, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, and judgments, including costs of defense thereof, for
injury to persons, death, or property damage which is caused by, arises out of, or is incidental
to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's
exercise of rights and privileges granted by this Agreement, except to the extent of the County's
sole negligence. The Agency's obligations under this Section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at the
Agency's own expense;
B. Indemnification of claims made by the Agency's employees or agents; and
C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51
RCW, but only to the extent necessary to indemnify King County, which waiver has been
mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs
to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable
from the Agency.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees
to protect, defend, indemnify and save the County, its officers, officials, employees and agents
from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any
kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"),
arising out of or in any way resulting from the Agency's officers, employees, agents and/or
subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and
privileges granted under this Agreement, to the maximum extent permitted by law or as defined
by RCW 4.24.115, as now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be included in
all Agreements or subcontractor Agreements entered into by Agency in conjunction with this
Agreement. The Agency's duties under this Section will survive the expiration or earlier
termination of this Agreement.
17. INSURANCE
A. Liability Insurance Requirements. Notwithstanding any other provision within this
Agreement, Agency and it subcontractors shall procure and maintain coverage and limits
for no less than the following:
1. Commercial General Liability. Insurance Service “occurrence” form CG 00 01 (current
edition), to include Products-Completed Operations, insurance against claims for
injuries to persons or damages to property that may arise from or in connection with
activities under this Agreement. The insurance coverage shall be no less than One
Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million
Dollars ($2,000,000) in the aggregate.
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2. Automobile Liability. If activities require vehicle usage. Insurance Services form
number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol
1 “any auto”. If the grant includes the use of automobiles, the Limit of Liability shall be
no less than One Million Dollars ($1,000,000) per occurrence.
3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has/have
employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit
no less than One Million Dollars ($1,000,000) per occurrence.
4. Professional Liability. If the grant includes the use of Professional Services. Professional
Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and
in the aggregate.
5. Sexual Misconduct Liability. If the grant involves in-person work with minors. Sexual
Misconduct Liability coverage, at a limit of no less than Five Hundred Thousand Dollars
($500,000) per occurrence and in the aggregate.
B. If the grant involves the construction of a capital project or involves the purchase of
equipment greater than Five Thousand ($5,000) in value, the Agency shall provide “All
Risk” Builders Risk or Property coverage for the full replacement value of the
project/property built/purchased. King County shall be listed as an additional Loss payee
as our interests may appear.
C. King County and its officers, officials, employees and agents shall be covered as additional
insured on Agency’s and its contractor(s’) commercial general liability insurance and, if
applicable, commercial auto liability insurance, with respect to liability arising out of
activities performed by the Agency and its contractors. Additional Insured status shall
include Products-Completed Operations.
D. To the extent of the Agency's or its contractor’s negligence, their insurance respectively
shall be primary insurance with respect to the County, its officers, employees and agents.
Any insurance or self-insurance maintained by the County, and its officers, officials,
employees or agents shall not be subjected to contribution in favor of the Agency or its
contractors insurance, and shall not benefit either in any way.
Agency's and its contractors' insurance shall apply separately to each insured against whom
a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability.
E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except
by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days'
prior written notice has been given to and change in coverage accepted by King County.
F. The insurance provider must be licensed to do business in the State of Washington and
maintain a Best’s rating of no less than A-VIII. Within five (5) business days of County’s
request, Agency must provide a Certificate of Insurance and Additional Insured
Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be
responsible for the maintenance of their contractors' insurance documentation.
G. If Agency is a municipal corporation or an agency of the State of Washington and is self-
insured for any of the above insurance requirements, a certification of self-insurance shall
be attached hereto and be incorporated by reference and shall constitute compliance with
this Section.
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H.Agency's duties under this Section shall survive the expiration or earlier termination
of this Agreement. The Agency understands, acknowledges and agrees that for the relevant
period of public use set forth in Section 8, the Agency shall maintain insurance and name
the County as an additional insured, all of which shall be consistent with the requirements
of this Section.
18. NONDISCRIMINATION
King County Code (“KCC”) chapters 12.16, 12.17 through 12.18 apply to this Agreement and
are incorporated by this reference as if fully set forth herein. In all hiring or employment made
possible or resulting from this Agreement, there shall be no discrimination against any employee
or applicant for employment because of sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression or age except minimum
age and retirement provisions, unless based upon a bona fide occupational qualification.
19. CONFLICT OF INTEREST
KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth
hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency
to comply with any requirement of said KCC Chapter shall be a material breach of contract.
20. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
21. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and the Agency, Agency shall be responsible to operate and maintain
the completed Project at its own sole expense and risk. Agency shall maintain the completed
Project in good working condition consistent with applicable standards and guidelines.
Agency understands, acknowledges, and agrees that the County is not responsible to operate
or to maintain the Project in any way.
B. Agency shall be responsible for all property purchased pursuant to this Agreement,
including the proper care and maintenance of any equipment.
C. Agency shall establish and maintain inventory records and transaction documents (purchase
requisitions, packing slips, invoices, receipts) of equipment and materials purchased with
Agreement funds. Agency's duties under this Section shall survive the expiration of this
Agreement.
22. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any
such notice shall be deemed to have been given on the date of delivery, if mailed, on the third
(3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business
day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed
to have been given on the date of transmission. Either party may change its address, fax number,
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email address, or the name of the person indicated as the recipient by notice to the other in the
manner aforesaid.
23. ASSIGNMENT
Agency shall not assign any portion of rights and obligations under this Agreement or transfer
or assign any claim arising pursuant to this Agreement without the written consent of the
County. Agency must seek such consent in writing not less than fifteen (15) days prior to the
date of any proposed assignment.
24. AMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by reference
and attached hereto shall constitute the whole Agreement between the Parties. Either party may
request changes to this Agreement. No modifications or amendment of this Agreement shall be
valid or effective unless evidenced by an Agreement in writing signed by the Parties.
25. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such through written approval by the County, which shall be attached to the
original Agreement.
26. TAXES
Agency agrees to pay on a current basis all taxes or assessments levied on its activities and
property, including, without limitation, any leasehold excise tax due under RCW Chapter
82.29A; PROVIDED, however, that nothing contained herein will modify the right of the
Agency to contest any such tax, and Agency shall not be deemed to be in default as long as it
will, in good faith, be contesting the validity or amount of any such taxes.
27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of Washington,
which will be controlling in any dispute that arises hereunder. Actions pertaining to this
Agreement will be brought in King County Superior Court, King County, Washington.
28. PARAGRAPH HEADINGS
The paragraph headings contained herein are only for convenience and reference and are not
intended to be a part of this Agreement or in any manner to define, limit, or describe the scope
or intent of this Agreement or the particular paragraphs to which they refer.
29. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection and
copying by the public.
30. LEGAL RELATIONS
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Nothing contained herein will make, or be deemed to make, County and the Agency a partner
of one another, and this Agreement will not be construed as creating a partnership or joint
venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or
obligation in any person or entity not a party to it.
31. SINGULAR AND PLURAL
Wherever the context will so require, the singular will include the plural and plural will include
the singular.
32. PERMITS AND LICENSES
Agency shall design, develop and construct the Project in accordance will all applicable laws
and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be
performed by Agency at its sole expense and liability. Agency shall, at its sole cost and expense,
apply for, obtain and comply with all necessary permits, licenses and approvals required for the
Project,
33. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the County
decision will govern and will be binding upon the Agency.
34. POLICE POWERS OF THE COUNTY
Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental
or police powers of the County.
35. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and the Agency. It supersedes all other agreements and understandings between them,
whether written, oral or otherwise.
KING COUNTY
FOR
City of Kent Parks and Recreation
King County Executive Signature
Date NAME (Please type or print), Title
Date
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DATE: July 2, 2019
TO: Kent City Council
SUBJECT: New Connections of South King County Lease Agreement -
Authorize
MOTION: Authorize the Mayor to sign a Lease Agreement with New
Connections for the City-owned building located at 422 West Titus Street,
subject to final terms and conditions acceptable to the Parks Director and
City Attorney.
SUMMARY: New Connections of South King County, a nonprofit agency serving
Kent residents, has been a tenant in City-owned facilities since June 2003. In
consideration of this 5-year Agreement, the Lessee in lieu of paying rent will adhere
to terms as provided in Exhibit B; pay all costs associated with or arising out of the
maintenance and operation of the leased premises, and annually submit the
Performa form outlining their accomplishments for that year. The Lessee will pay a
monthly leasehold excise tax in the amount of $267.30 based on an estimated fair
market value rental of $2,349.00 per month.
New Connections of South King County has served the South King County
communities for twenty years. New Connections programs were designed to assist
individuals who have been or are in the criminal justice system. They are
committed to the reduction of the recidivism rate in the City of Kent. Throughout
the years, their mission has grown to assist those who have been marginalized or
disenfranchised in society. They are committed to empowering people to change,
strengthening families, and creating safer communities. They work to provide their
clients with the opportunity to experience significant improvement in their mental
and physical health. Their approach is holistic and comprehensive. New Connections
serves an average of 1,600 people a year. They also serve 500-600 clients in the
Kent City Jail and 700 clients in SCORE annually.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community
ATTACHMENTS:
1. Lease Agreement with New Connections of South King County (PDF)
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06/20/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
7/2/2019 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
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LEASE AGREEMENT
BETWEEN THE CITY OF KENT AND
NEW CONNECTIONS OF SOUTH KING COUNTY
THIS LEASE AGREEMENT ("Lease") is entered into by and between the CITY
OF KENT, a municipal corporatlon of the State of Washington ("City"), and New
Connectlons of South King County, a Washington non-profit corporatlon ("Tenanto).
The City and Tenant agree as follows:
AGREEMENT
I a PREMISES.
1.1 Premlses Defined. The Clty leases to Tenant and Tenant leases from
the City the real property identified as Tax Parcel No. 982570-0775 and legally
described in Exhibit A, which ls attached to this Lease and lncorporated by thls
reference, and buildlngs located at 422 West Titus Street, Kent, Washlngton
(collectively the "Premises" or "Leased Premlses"). The Clty will use the parklng lot
on the Premises for parking of City vehicles and employee parklng. Tenant may use
the two (2) parking stalls located behlnd the bulldlng.
1.2 Survey, Maps. and Plans. Tenant is not relying upon and the Clty is
not making any representations about any survey, plat, dlagram, and/or legal
description provided by the City.
1.3 Inspection. The Clty makes no representatlon regarding the conditlon
of the Premises. Tenant ls currently in possession of the Premises under a prior
lease agreement. Tenant shall be deemed to have accepted possesslon of the
Premises in "as-is condition."
2. TERM.
2.1 Term Deflned. The term of thls Lease shall be for flve (5) years,
commencing on August 1, 2019 ("Commencement Date"), and shall termlnate on
July 31, 2024, (the "Termination Date"), unless termlnated sooner under the terms
of this Lease.
2.2 Right to Terminate Early Without Cause. City and Tenant each shall
have the right to terminate this Lease at any time during the Term upon ninety (90)
days' prior wrltten notice of termlnation to the other party.
2.3 End of Term. Upon the explration or termination of the Term, as
appllcable, Tenant shall surrender the Premlses to the City in the same or better
LEASE AGREEMENT. 1
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condition as on the Commencement Date, reasonable wear and tear excepted.
Non-permanent appliances, personal property, and trade fixtures belonging to
Tenant or Tenant's invitees shall be removed by the Tenant at the end of the Term.
Any of the aforementioned ltems remaining at the end of the Term shall be moved
off of the Premises by the City at the Tenant's expense.
2.4 Hold Over. If Tenant remains in possession of the Premises after the
Termination Date, the occupancy shall not be an extension or renewal of the Term.
The occupancy shall be a month-to-month tenancy, on terms identical to the terms
of this Lease, which may be terminated by either party with thirty (30) days' written
notice. The monthly rent during the holdover shall be the same rent that would be
due if the Lease were still in effect and all adjustments in rent were made in
accordance with its terms. If the City provides a notice to vacate the Premises in
antlcipation of the termination of this Lease or at any tlme after the Termination
Date and Tenant fails to do so within the tlme set forth in the notice, then Tenant
shall be a trespasser and shall owe the City all amounts due under applicable law.
3. LEASE PAYMENT.
3.1 Monthly Payment. During the Term hereof, Tenant may occupy the
leased premises rent free; ln consideration of which Tenant shall:
(a) Pay leasehold excise tax at a rate established by the State of
Washington, currently 12.84olo, in the amount required by law if Tenant were to pay
the monthly rental market rate of $2,349.00. This amounts to a leasehold excise
tax of $267.30, which shall be paid on a monthly basis on or before the first day of
each month. The leasehold excise tax shall be mailed to: City of Kent, 220 Fourth
Avenue South, Kent, Washlngton 98032, Attention: Financlal Services;
(b) Make all improvements at Tenant's sole expense, as outlined in
ExhtbÍt B; subject to a final inspection and the approval of the Kent Bullding Official
and the Facilities Superintendent of the Kent Parks, Recreation and Community
Services DepartmenÇ and
(c) Pay all costs associated with or arising out of the use,
maintenance, and operation of the Leased Premises.
3.2 Late Payments. Tenant shall pay City a late payment charge equal
to five percent (5o/o) of the leasehold excise tax for any payment not paid within
f¡ve (5) calendar days of when due. Any amounts not paid when due shall bear
interest until paid at the rate of one percent (1olo) per month.
4. OTHER EXPENSES.
During the Term, Tenant shall pay the following additional expenses:
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4.1 Utilities. Tenant shall pay all fees charged for all utilltles in connection
wlth the use and occupancy of the Premlses includlng, but not llmited to, electricity,
water, sewer, storm and surface water, garbage, gas, internet, and telephone
service in a timely manner and prior to delinquency.
4,2 Proof of Payment. Tenant shall, if required by the City, furnish to the
Clty recelpts or other approprlate evidence establishing the payment of any
amounts required to be paid under the terms of this Lease.
4.3 Failure to Pay. If Tenant falls to pay any of the amounts due under
thls Lease, the Clty may pay the amount due, and recover its cost from the Tenant.
Tenant shall pay City sald amounts due within thlrty (30) days of wrltten notlce
from the City. If the City pays or advances any amounts for or on behalf of Tenant'
including but not limited to leasehold taxes, taxes, assessments, insurance
premlums, costs of removal and disposal of unauthorized materials, costs of
removal and disposal of lmprovements pursuant to Section 6 below, or other
amounts not pald when due, Tenant shall reimburse the City for the amount pald or
advanced and shall pay interest on that amount at the rate of one percent (1o/o) per
month from the date the City notlfies Tenant of the payment or advance.
5. USE.
5.1 Permitted Use. Tenant shall use the Leased Premises to provlde
counseling and coordlnated assistance to lnmates who want to reJoin the
community as productive members, and all uses incidental thereto, and for no other
purpose without f¡rst obta¡ning the Clty's prior wrltten consent. The inmates belng
àerved have been released from the Maleng Regional Justlce Center ln Kent and
other local area correctional facilities.
5.2 Restrictions on Use. Tenant shall not cause or permit any damage to
natural resources on the Premlses. Tenant covenants and agrees that Hazardous
Substances, as defined ln Section 5.5, will not be used, stored, generated,
processed, transported, handled, released, or disposed of in, On, under, or above
the Premises, except ln accordance with all applicable laws. Tenant shall also not
cause or permit any filllng actlvity to occur on the Premises. This prohlbitlon
includes any deposit of rock, earth, ballast, refuse, garbage, waste matter
(lncludlng chemical, biological or hazardous substances, or toxic wastes),
hydrocarbons, any other pollutants, or other matter ln or on the Premises. Tenant
shall neither commit nor allow waste to be committed to or on the Premises. If
Tenant fails to comply with all or any of the restrictions on the use of the Premises,
the City shall notify Tenant and provide Tenant a reasonable time to take all steps
necessary to remedy the failure. If Tenant fails to do so in a timely manner, then
the City may take any steps reasonably necessary to remedy this failure. Upon
demand by the City, Tenant shall pay all costs of such remedial action, lncluding but
LEASE AGREEMENT. 3
(Between Clty of Kent and New Connections of South King County)
(20[e)
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not limited to the costs of removing and disposing of any material deposited
improperly on the Premises. The covenants contained herein shall survive
expiration or termination of thls Lease.
5.3 Conformance with Laws. Tenant shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates,
regulations, ordinances, statutes, and other government rules and regulations
regarding its use or occupancy of the Premises.
5.4 Liens and Encumbrances. Tenant shall keep the Premises free and
clear of any liens and encumbrances arising out of or relating to its use or
occupancy of the Premises. Should a lien be recorded against the Premises arising
from actions by the Tenant, Tenant shall have thirty (30) days after written notice
by City to remove the lien.
5.5 Definition - Hazardous Substance. "Hazardous Substance" means any
substance that now or in the future becomes regulated or defined under any
federal, state, or local statute, ordinance, rule, regulation, or other law relating to
human health, environmental protection, contamination or cleanup, including but
not limited to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, 42 U.S.C. 9601 and Washington's Model Toxics Control Act,
RCW 70.105D.010.
5.6 Miscellaneous. Tenant shall malntain smoke detection devices and
carbon monoxide detectors in accordance with the manufacturer's
recommendations, including the replacement of batteries as required for the proper
operation of the smoke detection device and carbon monoxide detectors. Tenant
shall properly dispose of all rubbish, garbage, and other organic or flammable waste
in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall
assume all costs of extermination and fumigation for any infestation.
5.7 Performa. Tenant will provide the performa information, as outlined in
ExhtbÍt 8, to the City each year that this Lease remains in effect. The information
must be received annually by the anniversary of the Commencement Date.
6. IMPROVEMENTS.
6.1 Tenant-Owned Improvements. Tenant shall be responsible for all of
Tenant's improvements to the Premlses. So long as this Lease remains in effect,
Tenant shall retain ownership of all authorized Tenant improvements and trade
fixtures it may place on the Premises (collectively "Tenant-Owned Improvements").
Tenant-Owned Improvements shall not include any construction, reconstruction,
alteration, oF additlon to the Premises by the City or any Unauthorized
Improvements as defined in Subsection 6.4 below. No Tenant-Owned
Improvements shall be placed on the Premises without the City's prior written
LEASE AGREEMENT. 4
(Between City of Kent and New Connectrons of South King County)
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consent.
6.2 Construction. Prior to any construction, alteratlon, replacement,
removal or major repair of any improvements (whether City-Owned or Tenant-
Owned), Tenant shall submit to the City lts plans that descrlbe the proposed
activity. The City shall have fifteen (15) days in which to review the proposed plans.
The plans shall be deemed approved and the requirement for the City's written
consent shall be treated as walved, unless the Clty notifies Tenant otherwise wlthin
the fifteen (15) days. The City's consent and approval shall not be requlred for any
routine maintenance or repair of improvements made by the Tenant pursuant to its
obligation to malntaln the Premises in good order and repair that does not result in
the construction, alteration, replacement, removal, or maJor repalr of any
improvements on the Premises. Any improvements shall be done ln conformity
with the Uniform Bullding Code and City of Kent regulatlons. All work performed
shall be done in a workmanlike manner. The provisions of this section do not relieve
Tenant of fulfilling any permit requirements that may apply to the proposed actlvlty.
6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant
by the Terminatlon Date, so long as such removal does not damage the Premlses
and the Premises are restored to its original condltlon or better. If the Tenant-
Owned Improvements remain on the Premises after the Terminatlon Date, they
shall become the property of the City wlthout payment by the City. Any Tenant-
Owned Improvements remalning on the Premlses at the end of the term that the
City deems need to be removed shall be removed by the City at the Tenant's
expense.
6.4 Unauthorized Improvements. Improvements made on the Premises
without the City's prlor consent pursuant to Subsection 6.2 or that are not ln
conformance wlth the plans submitted to and approved by the City ("Unauthorized
Improvements") shall lmmediately become the property of the City, unless the City
elects otherwlse. Regardless of ownershlp of Unauthorized Improvements, the City
fTìäy, at its option, require Tenant to sever, remove, and dispose of them. If Tenant
fails to remove an Unauthorized Improvement upon request, the City may remove
it and charge Tenant for the cost of removal and disposal.
7. ASSIGNMENT AND SUBLETTING.
7,I City Consent Required. Tenant shall not sell, convey, mortgage,
assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's
interest in this Lease or the Premises without the City's prior written consent. In
the event of such consent, each permitted transferee shall assume all obligations
under this Lease. No assignment, sublet, or transfer shall release, discharge' or
otherwise affect the liability of Tenant.
7.2 Event of Assionment. If Tenant is a corporation, a dlssolution of the
LEASE AGREEMENT. 5
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corporat¡on or a transfer (by one or more transactions) of a majority of the voting
stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a
partnership, a dissolutlon of the partnership or a transfer (by one or more
transactions) of the controlling interest in Tenant shall be deemed an assignment of
this Lease.
7.3 Payments Followino Assignment. The acceptance by the City of
conslderation following an assignment or other transfer shall not constitute consent
to any assignment or transfer.
8. INDEMNITY.
8.1 The City shall not be liable for any injury to any person or for any loss
of or damage to any property (including property of Tenant or Tenant's invitees)
occurring on or about the Premises and caused by or resulting from any act or
omission by Tenant, invitee, officer, agent, employee, guest, invitee, or visitor of
Tenant or Tenant's invitees, and Tenant agrees and covenants to indemnify,
defend, and hold harmless the City and those persons who were, now are, or shall
be duly elected or appointed officials or members or employees or agents of the
City, against and from any loss, damage, costs, charge, expense, liability, claim,
demand, or judgments of whatsoever kind or nature whether to persons or
property, to the extent arlsing on said Premlses or on any areas adjoinlng the
Premises that is under the control or use of Tenant pursuant to this Lease and
arising out of or in connection with Tenant's use and occupancy of the Premises,
including all legal costs and attorney fees, arising out of or in connection with this
Lease, except for that portion of lnjuries and damages caused solely by the City's
negligence.
8.2 Should a court of competent jurisdiction determine that this Lease 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 Tenant and the City, its officers, officials, employees, and
volunteers, the Tenant's liability hereunder shall be only to the extent of the
Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD
THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S
WAIVER OF IMMUNIW UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually
negotiated by the parties.
8.3 The provisions of this Section 8 shall survive the expiration or
termination of this Lease.
9. INSURANCE.
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Tenant agrees to comply with the insurance requirements of Exhibit C at all
times during the term of thls Lease.
10. MAINTENANCE AND REPAIR.
10.1 The City's Repalrs. The Clty shall not be required to make any
alteratlons, malntenance, replacements, or repalrs ln, on, or about the Premises, or
any part of the Premlses, durlng the term of this Lease.
10.2 Tenant's Repalrs, Alteration, Maintenance. and Replacement.
(a) Tenant shall, at its sole cost and expense, keep and maintain
the Premlses, lncluding the grounds, parklng lot, and all improvements in good
order and repair, in a clean, attractive, and safe condltlon.
(b) Tenant shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the
Premises or to any lmprovements on the Premises that may be requlred by any
public authority.
(c) All addltlons, repairs, alterations, replacements or changes to
the Premises and to any improvements on the Premises shall be made in
accordance with, and ownershlp shall be governed by Sectlon 6 above.
11. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction
of the Premises or any improvements, Tenant shall promptly glve wrltten notice to
the Clty. In the event of damage or destruction that renders the Premises unflt for
Tenant's use, Tenant may terminate this Lease upon thirty (30) days'written notice
to the City.
12. DEFAULT AND REMEDIES.
12.1 Event of Default. Tenant shall be ln default of this Lease on the
occurrence of any of the following:
(a) Failure of Tenant to make the improvements as set forth in
Exhlbit B;
(b) Fallure to observe or perform any of the covenants, condltions
or provisions of thls Lease, where such fallure shall continue for a period of thirty
(30) days after written notice from Clty to cure the default;
(c) Failure to comply wlth any law, regulatlon, policy, or order of
any lawful governmental authorlty;
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(d) Failure to comply with any other provision of this Lease;
(e) If proceedings are commenced by or against Tenant under any
bankruptcy act or for the appointment of a trustee or receiver of Tenants' property.
12.2 City's Remedies Upon Default. Upon an Event of Default, the City may
terminate this Lease with thirty (30) days'written notice to terminate and remove
Tenant by summary proceedings or otherwise. The City may also, without
terminating this Lease, relet the Premises on any terms and conditions as the Clty
in its sole discretion may decide are appropriate. If the City elects to relet, rent
received by it shall be applied: (1) to the payment of any indebtedness other than
payment due from Tenant to the City; (2) to the payment of any cost of such
reletting; and 3) to the payment of the cost of any alterations and repairs to the
Premises. Any balance shall be held by the City and applied to Tenant's future
payment as it becomes due. Tenant shall be responsible for any deficiency created
by the reletting during any month and shall pay the deficiency monthly. The Clty's
reentry or repossession of the Premises under this subsection shall not be
construed as an election to terminate this Lease or cause a forfeiture of rents,
payments, or other charges to be paid during the balance of the Term, unless the
City gives a written notice of terminatlon to Tenant or termination is decreed by
legal proceedings. The City may at any time after reletting elect to terminate this
Lease for the previous Event of Default with ten (10) days' written notice.
13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at
any reasonable hour to inspect for compliance with the terms of this Lease upon
forty-eight (48) hours notice, unless an emergency exlsts in whlch event the City
may enter immediately.
14. NOTICE. Any notices requlred or permitted under this Lease may be
personally delivered or mailed by certified mail, return receipt requested, to the
followlng addresses or to such other places as the parties may direct in writlng from
time to time:
The City: Clty of Kent Parks, Recreation and Community Services
Attn: Superintendent of Facilities
220 Fourth Avenue South
Kent, Washington 98032
Tenant:New Connections of South Klng County
Attn: Mayene Miller
422 West Titus Street
Kent, Washington 98032
A notice shall be deemed given and delivered upon personal delivery or three (3)
days afrer belng mailed as set forth above, whichever is applicable.
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15. MISCELLANEOUS.
15.1 Authority. Tenant and the person or persons executlng thls Lease on
behalf of Tenant represent that Tenant is quallfied to do business in the State of
Washlngton, that Tenant has full rlght and authority to enter lnto this Lease, and
that each and every person signing on behalf of Tenant ls authorized to do so.
15.2 Successors and Assigns. This Lease shall be blnding upon and lnure to
the benefit of the parties, their successors and asslgns.
15.3 Headings. The headlngs used in this Lease are for convenlence only
and in no way define, limit, or extend the scope of this Lease or the lntent of any
provision.
15.4 Entire Agreement. The written provlslons and terms of this
Agreement, together wlth any Exhibits attached hereto, shall supersede all prior
verbal statements of any officer or other representatlve of the City, and such
statements shall not be effective or be construed as entering into or forming a part
of or alterlng in any manner this Agreement. All of the above documents are
hereby made a part of thls Agreement. However, should any language in any of the
Exhiblts to this Agreement conflict with any language contained in thls Agreement,
the terms of this Agreement shall prevail.
15.5 Walver. The failure of the City to insist upon the strict performance of
any term, covenant, or condition of thls Lease shall not be deemed to be a waiver
of such term, covenant, or condltlon; of any subsequent breach or default of the
same; or of any other term, covenant, or conditlon of this Lease. The City's
acceptance of a payment shall not be construed to be a waiver of any preceding or
existing breach other than the fallure to pay the particular payment that was
accepted.
15.6 Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and ln addition to all other rights and remedles afforded to the
City by law or equity or otherwise.
15.7 Tlme is of the Essence. Time ls of the essence as to each and every
provision of thls Lease.
15.8 Invaliditv. If any provision of this Lease shall prove to be invalid, void,
or illegal, it shall in no way affect, impair, or invalidate any other provislon of this
Lease.
15.9 Compliance with Laws. The Lessee agrees to comply with all federal,
state, and munlclpal laws, rules, and regulations that are now effective or ln the
LEASE AGREEMENT. 9
(Between City of Kent and New Connections of South King County)
(20le)
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future become applicable to Lessee's business, equipment, and personnel engaged
in operations covered by this Agreement or accruing out of the performance of
those operations.
15.10 Appllcable Law and Venue. This Lease 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 clalm arising from the parties'
performance of this Lease, the exclusive means of resolving that dispute, difference
or claim, shall only be by filing suit exclusively under the venue, rules and
jurisdictlon of the King County Superior Court, King County, Washington, unless the
parties agree in writing to an alternatlve 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 ln this paragraph
shall be construed to limit the Clty's right to indemnlfication under Section 8 of this
Lease.
15.11 Modification. Any modification of this Lease must be in writing and
signed by a duly authorized representative of the City and Tenant. The City shall
not be bound by any oral representations or statements.
15.12 Survival of Covenants. The covenants contained herein survive the
termination or explration of the Lease for the applicable statute of limitation
perlods.
15.13 Signs. Tenant ffiây, at Tenant's sole expense, place external signs on
the Premises provided such signs have been approved in advance by the City, and
provided such signs do not violate any statute or regulations existing durlng the
terms of this Agreement. Tenant shall pay the costs of removal of such signs upon
terminatlon of the Lease.
15.14 Counterparts. 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.
LEASE AGREEMENT. 10
(Between City of Kent and New Connectrons of South King County)
(20Le)
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THIS AGREEMENT requlres the signature of all parties and is executed as of
the date of the last signature below.
CITY OF KENT NEW CONNECTTONS OF SOUTH
KING COUNTY
By:
Prlnt Name: Dana Ralph
By
Prlnt Name:
Its:Mavor Its
Date Date:
(Notary Acknowledgements Appear on Next Page)
LEASE AGREEMENT - 11
(Between Ctty of Kent and New Connectlons of South KIng County)
(20Le)
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the lnstrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
LEASE AGREEMENT. 12
(Between City of Kent and New Connectþns of South King County)
)
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(20te)
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satlsfactory evidence that
is the person who appeared before lrtê, and said person
acknowledged that (he/she) signed this lnstrument, on oath stated
was authorlzed to execute the instrument and acknowledged lt as the
that (he/she)
of to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
LEASE AGREEMENT. 13
(Between Ctty of Kent and New Connectrons of South Klng County)
)
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-Notary Seal Must Appear Withín This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
(20le)
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EXHIBIT A
Legal Description
Block 12, Lot 7, Yesler's First Addition to the Town of Kent, according to plat
recorded in Volume 5 of Plats, page 64, in King County, Washington.
LEASE AGREEMENT. 14
(Between Ctty of Kent and New Connections of South Kng County)
(2ote)
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EXHIBIT B
TENANT IMPROVEMENTS
NEW CONNECTIONS OF SOUTH KING COUNTY
422 West Titus Street
GenerafRoutine Malntenance to be performed on an on-going basls
o Ensure that routlne cleaning and custodial work ls completed within the
interior of the buildlngr Maintain all electrical and plumbing fixtures in proper working ordero Malntain exterior paint, City will select Clty approved colorso Provlde and maintain smoke detectors and carbon monoxide detectors per
Kent City Codeo Malntaln lighting, bulbs and fixtureso Maintaln exlt llghtingo Malntain Heating & Cooling system, change filters monthly and clean diffuser
on a regular baslso Tenant responslble for any damage by clients or employees or tenanto Maintain windows, clean inside and out as neededo Tenant responsible for any wlndow breakageo Burglar alarm sole expense of tenanto Tenant responsible for all phone and data requlredo Maintain parking loto Malntain grounds and landscaplng, weedlng, mowing and barko Tenant responsible for pest control of premlses. Clean and maintaln gutters and downspoutso Quarterly review of plumbing, electrical, structural, fire extlnguisherso Professionally clean carpets and inside of building annually
Performa
As part of the terms of the Lease Agreement ("Lease"), New Connections of South
King County will provide the following information to the City of Kent (Facilities
Office) each year of the Lease. The lnformatlon must be received annually by the
Lease annual renewal date.
LEASE AGREEMENT. 15
(Between City of Kent and New Connectrons of South King County)
(20Le)
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SERVICE PROVIDED
NUMBER OF
INDIVIDUALS
WHO
BENEFITTED
FROM THE
SERVICE
TYPE OF TRAINING/PROGRAM - WHO PROVIDED
TRAINING/PROGRAM ADDITIONAL DETAILS
BASIC NEEDS PROGRAM:
Mailino Address
Clothino Vouchers
Snack Packs
Hvoiene Packs
COMMUNIW SERVICE
PROGRAM:
Office Work
Yard Work
lanltorial Work
DOMESTIC VIOLENCE IMPACT
PANEL:
Monthlv 2 Hour Classes
DRIVER'S LICENSE/RE.
LICENSING:
DOL & DUI
COURTS &. TICKETS
INSURANCE
COMPANIES/CREDIT
COLLECTIONS
WORK EXPERIENCE PROGRAM:
PARTNERSHIP WITH CAREER
PATHS
JAIUPRISON PROGRAM:
KENT CITY JAIL
SCORE
ANGER MANAGEMENT
CLASSES AT THE BUILDING
PARENTING CI-ASSES AT THE
BUILDING
HEALTHY LIFESWLE CLASSES
AT THE BUILDING
RE-ENTRY PROGRAM FOR
THOSE RETURNING FROM JAIL
& PRISON
EXHIBIT B (Continued)
LEASE AGREEMENT. 16
(Between Clty of Kent and New Connect ons of South King County)
(20Le)
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EXHIBIT C
INSURANCE REQUIREM ENTS
FOR STANDARD LEASE
B. Minimum Amounts of Insurance
Insurance
The Lessee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property-which
may arise fiom or in connection with thê Lessee's operatlon and use of City
of Kent facilities.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
Insurance Servicés Office (1SO) occurrence form CG 00 01
and shall cover premises and contractual liability. The City
shall be named äs an insured on Lessee's Commercial
General Liability insurance policy using ISO Additional
Insured-Managêrs or Lessors of Premises Form CG 20 11 or
a substitute eñdorsement providing equivalent coverage.
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written
witn limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate.
C, Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance
1. The Lessee's insurance coverage shall be primary insurance
with respect to the city. Any Insurance or self-insurance
coveragä maintained by the City shall be excess of the
Lesseers insurance and'shall not contribute with it.
2. The Lessee's insurance shall be endorsed to state that
coverage shall not be cancelled by either PgItYr exc.ept after
thirtv (-SO) davs prior written notice by certified mail, return
receípÈ reftueéteä, has been given to the city.
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EXHIBIT C (Continued)
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VIL
E, Verification of Coverage
Lessee shall furnish the City with original certificates and 9 c.opy 9f !l',"
ãm.ñAutory endorsements, including but not,necessarily limited to the
ãäAiiiðñåj ihsur¿¿ endorsement, eviãencing the insurance requirements of
ihé f-.rree. The City shall be námed as an Additional Insured on the
Amendatory Endorsement provided by the Insurer.
F. Waiver of Subrogation
Lessee and City hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building'
îniå reläase shall apply only to the extent that such claim, loss or liability is
covered by insurance.
G, City's PropertY Insurance
City shall purchase and maintain during the term of the lease, all-risk
property insurance covering City of Kent property,
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DATE: July 2, 2019
TO: Kent City Council
SUBJECT: Interlocal Agreement with King County Flood Control
District for Lower Russell Road Levee - Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement with the
King County Flood Control District for ownership, construction, operation
and maintenance of the Lower Russell Levee Project, and authorize the
Mayor to take all actions and sign all documents contemplated by the
Interlocal Agreement in support of the Project, all subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The Lower Russell Road Levee Project is located on the right bank of
the Green River between South 212th Street and Veteran’s Drive. The landward
area is protected by the levee above the 100-year flood level, but the levee will be
set back from the river to meet federal stability requirements for levee accreditation
and a 500-year flood level. The project, which is being managed by the King County
Flood Control District, includes habitat and trail improvements as well as the
relocation of Van Doren’s Park in addition to the levee’s reconstruction. The project
will reduce flood risks to residences, businesses, and properties in the Kent Valley.
The City is the majority landowner of the project area, including Van Doren’s Park
and the Green River Natural Resource Area, as well as Russell Road and the Green
River Trail. The District is paying for the project and the mitigation of the project,
while the City is providing the land for the project that it already owns or is
purchasing and being reimbursed by the District. The City and the District will each
be responsible for operation and maintenance of portions of the completed project,
and the attached ILA prescribes those project related rights and responsibilities.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Lower Russell Levee Interlocal Agreement--District and Kent (PDF)
05/20/19 Public Works Committee RECOMMENDED TO
COUNCIL
8.I
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
7/2/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.I
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1
909061.1 - 361395 -0001
INTERLOCAL AGREEMENT FOR ACQUISITION, CONVEYANCE OF EASEMENTS,
DESIGN, PERMITTING, CONSTRUCTION, OPERATION, AND MAINTENANCE
Lower Russell Levee Setback Project
River Mile 17.85 to 19.25, Right Bank
THIS INTERLOCAL AGREEMENT is made and entered into, pursuant to the
Interlocal Cooperation Act, Chapter 39.34 RCW, on the _______ day of July, 2019, by and
between the CITY OF KENT, a municipal corporation of the State of Washington (City), and
KING COUNTY FLOOD CONTROL DISTRICT, a quasi-municipal corporation of the State of
Washington (District) (collectively, the “Parties”).
RECITALS
A. The District will replace the existing levee and revetment on the right bank of the
Green River from River Mile 17.85 to 19.25 (between S. 212th St. and S. 228th St.), commonly
referred to as the Lower Russell Road Levee, which is a key part of the Green River levee system.
The District formally approved this replacement project through Resolution No. FCD2016-10.1.
B. The replacement project will consist of a levee that is set back from the Green River
where feasible, a flood wall and scour deflectors. This project will reduce flood risk to people,
property and infrastructure, will improve riparian and aquatic habitat along the Green River, and
will integrate road, trail and park amenities.
C. By Interlocal agreement between King County and the District, the Water and Land
Resources Division of the Department of Natural Resources and Parks provides services to the
District. These services will include designing, bidding, constructing, managing, operating and
maintaining the replacement project on behalf of and at the direction of the District.
D. To accomplish the replacement project, the District must acquire real property and
real property rights, some of which will be acquired from the Green River Trail (Russell Road),
Van Doren’s Park, other City park properties, and the Green River Natural Resource Area, all of
which the City has acquired or improved with City or grant funds.
E. On May 17, 2018 the Parties entered into an agreement concerning the acquisition
of a portion of the KOA Campground and the Suh Properties in support of the replacement project
(“Property Acquisition Agreement”). The acquisition of the Suh Properties is complete and the
acquisition of the KOA Campground property is anticipated through an exchange of a portion of
the City’s Green River Natural Resource Area Property.
F. The Parties desire to enter into this Agreement to govern the design, bidding,
construction, construction management, approval and acceptance of the replacement project; to
provide generally for operation and maintenance of the replacement project after completion on
an interim basis while the parties continue to negotiate a long term Site Management Plan; and
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finally, to provide for inclusion of certain City projects in the replacement project as consideration
for the impacts the replacement project will have on recreational opportunities during construction.
AGREEMENT
1. Incorporation of Recitals. The recitals are incorporated and ratified.
2. King County as Service Provider. The City acknowledges that King County,
operating primarily through the Water and Land Resources Division of the Department of Natural
Resources and Parks, provides services to the District pursuant to an Interlocal agreement between
the District and King County. Thus, the City acknowledges that the duties and obligations of the
District under this Agreement will be carried out or satisfied by either the District or King County.
3. Term-Effective Date
a. This Agreement will be effective when the second party signs.
b. The term of this Agreement shall run until the end of the maintenance and
monitoring period as defined in the US Army Corps of Engineers permit the District
obtains for the project, which is estimated to be for ten (10) years after construction
is complete.
4. Project Description and Specifications
a. The project is a replacement of the existing levee on the right bank of the Green
River Green River in the City from River Mile 17.85 to 19.25 (between S. 212th St.
and S. 228th St.), commonly referred to as the Lower Russell Levee Setback Project
(“Project”). The Project is described briefly and depicted on Exhibit A and includes
relocation of the existing Van Doren’s Park and the construction of additional
recreational amenities as described in Section 9 below.
b. The height of the existing levee will be increased to achieve the Lower Green River
System-Wide Improvement Framework’s provisional flood protection goal of 0.2%
annual chance (500-year) or 18,800 cfs (as measured at Auburn USGS gate), plus
three (3) feet of freeboard.
5. Project Responsibility and General Requirements
a. The District will design, bid, construct, manage, approve, accept, operate and
maintain the Project in accordance with all applicable laws, regulations, standards
and guidelines, including without limitation the following:
i. District resolutions and policies;
ii. Landscape architecture and engineering design standards and guidance;
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iii. Terms and conditions of agreements that relate to the real property on which
the Project will be constructed;
iv. U.S. Army Corps of Engineers and FEMA design guidance and standards
regarding structural design of flood protections system (levees and
floodwalls); and
v. Project plans and specifications.
b. The City will assist the District with the Project by acquiring the property under the
terms of the Property Acquisition Agreement, by conveying to the District those
property interests as provided for by this Agreement, by participating in Project
construction meetings with the District and its Contractor(s), and in other matters
as the parties may agree.
c. The District will invite the City to all construction meetings between the District
and the Contractor.
d. The District will assist the City in obtaining FEMA accreditation for the Project,
consistent with Section 18 of this Agreement.
e. The District will provide the City with a Project schedule and construction
documents, including but not limited to drawings and specifications.
f. The District shall apply for and obtain all necessary Project permits and approvals,
and the City agrees to assist the District as the parties may agree, which may include
providing information to permitting agencies, as may be requested, concerning the
City’s properties and its partnership with the District on the Project.
g. The District will provide all construction administration and construction
management services, directly or through its agreement with King County, as may
be necessary to attain the parties’ goal of construction completion by November
2022.
h. The District shall include in the Project construction contracts language that
indemnifies the District and the City from claims arising out of the negligent or
willful misconduct of the contractors and their officials, officers, employees, agents
and subcontractors and insurance coverage in the types and amounts sufficient to
cover the risk associated with the contractors’ work that includes an endorsement
extending coverage to the City as an additional insured.
i. The District shall provide a copy of the Project construction contract to the City.
j. The District shall protect in place, replace or relocate, as the parties may mutually
agree, all existing utilities on City real property if impacted by the Project.
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k. Given the joint and cooperative nature of this Project, and to the extent necessary
and appropriate to accommodate the project, the City will exercise its relocation
rights under City franchise agreements to relocate any privately-owned utilities.
l. The City shall have the right, but not the obligat ion, to inspect and observe the
construction of the Project, so long as the City’s inspection and observation do not
unreasonably interfere with or delay Project construction.
m. Notwithstanding the additional obligations in Sections 9 and 10 of this Agreement
concerning parks and recreation amenities and features, the District will provide
the City with an opportunity to review and comment on changes to project schedule
and construction documents including but not limited to drawings and
specifications. The District shall consider the City’s comments prior to making the
final decision on changes.
n. The City will document the pavement condition of streets to be used by the
District’s contractors as haul routes and provide this document to the District prior
to the District’s contractors using the haul routes. If over the course of the Project’s
construction the pavement condition worsens, the District shall repair the pavement
or other damage caused to City streets by the Project’s construction within one year
of final acceptance.
o. The District shall require the Project contractor, from the date of final acceptance,
to provide a one-year warranty for the Project in general and a two-year warranty
for landscaping and plants of the Project. For purposes of this Agreement, “final
acceptance” means that all construction has been completed in accordance with the
plans and specifications, all punch list items have been corrected, the contractor has
submitted an application for final payment, the period for filing construction liens
has passed, and all retainage releases have been received.
p. Notwithstanding the specific City approval required by Section 10, the District shall
give notice in writing to the City at least thirty (30) days prior to the District’s final
acceptance of the Project, or any part thereof. The District shall consider any
comments by the City, including punch lists, prior to final acceptance of the Project.
q. The District shall provide to the City record drawings of the Project in pdf and if
requested in Auto CAD format.
6. Acquisition of Property and Property Rights
a. The Parties agree to respectively perform their obligations under the Property
Acquisition Agreement.
b. The District has acquired the Noble Warehouse Property (Tax parcel 102204-9021)
and the Holiday Kennel and Gagliardi Properties (Tax parcels 102204-9016 and
10224-9027) (collectively, “District Properties”).
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i. The Parties acknowledge that some tenants remain and some structures
require demolition.
ii. Once the District legally removes any remaining tenants from the
properties, the District shall demolish all structures at the District’s cost.
iii. Once the tenants have vacated, the structures have been removed, and the
demolition debris removed, the District will transfer title of the District
Properties to the City, subject to those restrictions imposed by a Department
of Ecology (DOE) covenant the parties negotiated with DOE concerning a
grant the District utilized to support purchase of the District Properties. A
copy of the DOE covenant is attached and incorporated as Exhibit F. Once
the District Properties are transferred to the City, this DOE Covenant will
be recorded against the District Properties, which will restrict the purposes
for which they may be used.
1. The parties desire to transfer title to the District Properties before
construction commences on the existing Van Doren’s Park property,
but such transfer is entirely contingent on whether the tenants have
been removed from the District Properties and any existing
structures have been demolished and removed.
2. If environmental testing confirms the presence of hazardous
substances that require remedial action under Model Toxics Control
Act (“MTCA”) regulations or the Department of Ecology, the
District shall undertake and complete all such remedial action as is
required by MTCA or DOE prior to its transfer of title of the
District’s Properties to the City. In no event will the City accept title
to contaminated property, or undertake any clean-up responsibilities
or costs, with respect to the District Properties.
c. In exchange for the District providing replacement property and performing as this
Agreement provides, the City shall provide to the District easements or other
appropriate property rights, such as street use permits, licenses, use agreements and
franchises (“Property Rights”), on the City-owned property identified on Exhibit
B, for the purpose of design, construction, operation, maintenance, repair and
replacement of the Project, and access to the Project for such purposes. The
Property Rights documents shall be of a type, in a form and with terms and
conditions mutually acceptable to the parties. The Property Rights are as follows:
i. Levee—maintenance access over and extending 15-feet out on both sides
of levee base.
ii. Floodwall (South of PSE trail corridor) —extending 15-feet on both sides
of new floodwall.
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iii. Habitat Area A (Riverward of levee, south of S. 212th St ROW, north of
Habitat Area B and Green River Trail)— Vegetation management and
perpetual maintenance access over rock barbs and revetment scour
protection.
iv. Habitat Area B (West and northwest of new Van Doren’s Park boundary) -
Vegetation and sediment management within basin and river connecting
channel. The City and District shall execute a Use Agreement for this area
mutually acceptable to the Parties.
v. Riparian Area C (150 feet landward of River’s edge (ordinary high water
mark, between new Van Doren’s Park and S. 228th Street) - Vegetation
management during required permitting monitoring period.
d. The District shall require the City to grant Property Rights on the New Van Doren’s
Park consistent with the Department of Ecology covenant as provided for in Section
6.b.iii.
e. The District’s obligations and duties and the City’s rights and benefits under this
Agreement constitute just and full compensation for the Property Rights granted by
the City to the District.
f. The City shall record the Property Rights documents at the City’s cost, providing
copies to the District.
7. Access to Properties During Construction
a. During construction, the District will provide suitable access to the City’s nursery
(from the existing Russell Road or a new roadway), and maintain emergency fire
access to the TIAA-CREF buildings.
b. The District will provide access as the parties mutually agree is suitable for public
access to the PSE Corridor Trail and pedestrian bridge that intersects Russell Road
during Project construction. The District will maintain trail connections as long as
possible, but if the District must close the PSE Corridor Trail and pedestrian bridge,
the District will give the City thirty (30) days’ advance notice of the need for that
closure and the dates for which closure is required. No closure shall occur longer
than fourteen (14) days unless the parties agree otherwise. The District will
minimize the closure to the greatest extent possible.
c. The District and City agree that it is critical to reduce the downtime of recreational
opportunities and they agree to maintain trail connections and park access as long
as possible, limiting closure to the least amount of time necessary.
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8. Deed Restrictions or Conversion Obligations The District will provide property,
at the District’s cost and expense, to replace those portions of the GRNRA property being
exchanged with the KOA Campground and used for active recreation on the relocated Van Doren’s
Park, which King County has advised is inconsistent with its existing grant requirements and
requires conversion and replacement by the City.
9. City Additional Projects (City Amenities)
a. The District has developed plans for the construction of City recreational amenities,
described on Exhibit C (“City Amenities”), in conjunction with the Project. These
recreational amenities are: a New Russell Woods trailhead; a new section of Green
River Trail; an observation tower; a wider boat launch ramp; and a regional trail
between the S. 228th Street bridge and the PSE Trail Corridor.
b. The City Amenities shall be designed and constructed, at the District’s cost and
expense, in accordance with the design drawings and specifications approved by
the City.
c. The City must approve by email any change orders that modify the design, technical
specifications, function or operation of a City Amenity, including any change to
site grading or materials. If the City fails to respond to a District request to approve
a change order for a City Amenity within two (2) business days, or such longer time
as the District and City may agree, the City will be deemed to have approved the
change order.
10. Van Doren’s Park
a. As part of the Project, the District shall relocate, at the District’s cost and expense,
the existing Van Doren’s Park by designing and constructing a replacement park as
shown on Exhibit A (“New Van Doren’s Park”).
b. The New Van Doren’s Park shall be designed and constructed, at the District’s cost
and expense, in accordance with the design drawings and specifications approved
by the City.
c. With the full involvement and cooperation with the City, the District shall plan and
design the New Van Doren’s Park, to the extent agreed upon by the Parties. The
City must approve the final design, specifications and drawings of the components
of the New Van Doren’s Park, and shall do so within twenty-one (21) days of
receipt of such final design, specifications and drawings from the District.
d. The District shall give written notice to the City at least sixty (60) days prior to the
District’s intended final acceptance of the New Van Doren’s Park. If, within this
60 day period, the City identifies any construction that fails to conform to the plans
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and specifications, or punch list items requiring correction or completion, the
District shall require the contractor to correct the nonconformity or complete the
punch list items prior to final acceptance of the New Van Doren’s Park. This is not
precedent setting.
e. The District shall pay all costs associated with relocating and reconstructing Van
Doren’s Park.
f. Following final acceptance of the New Van Doren’s Park, the City shall operate,
maintain and repair the Park in accordance with City rules, regulations and policies,
and available funding.
g. The City must approve by email any change orders that modify the design, function
or operation of Van Doren’s Park, including any change to site grading or materials.
If the City fails to respond to a District request to approve a change order for Van
Doren’s Park within two (2) business days, or such longer time as the District and
City may agree, the City will be deemed to have approved the change order.
11. Habitat Area A
a. The Parties agree that the future best use of Habitat Area A will be its primary
management as an off-channel backwater embayment for salmon rearing and a high
flow refuge habitat. The Parties have selected a preferred alternative for Habitat
Area A as shown and described on Exhibit D. The Parties agree that design of this
alternative is informed by monitoring of sediment deposits and other feasibility
factors.
b. The Parties must agree upon the design and construction specifications and
drawings for Habitat Area A, consistent with its future best use.
c. The District and City will seek grant funding for construction of Habitat Area A.
By seeking grant funding, the District and City do not commit to or guarantee any
future level of funding or maintenance of Habitat Area A.
12. Frager Road. If the Project causes channel migration, erosion or toe scour at Frager
Road or the Frager Road trail, the District will evaluate the erosion or toe scour consistent with
District rules, regulations and policies. If the District determines that repair is necessary, the
District will prioritize the repair consistent with District rules, regulations and policies.
13. Roads, Recreational Facilities and Utilities—City Responsibility. Following
final acceptance of the Project, the City shall operate, maintain and repair Russell Road, any new
roads constructed as part of the Project, and any public utilities.
14. New Agreement. During the term of this Agreement, the Parties shall negotiate
and attempt to execute a new agreement that includes the monitoring, operation, maintenance and
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repair of the Project, as well as any terms and conditions of this Agreement that will survive
expiration of this Agreement (“New Agreement”).
15. Site Management Plan (Operation and Maintenance)
a. During the term of this Agreement, the Parties shall negotiate and attempt to agree
upon long-term rules, regulations and policies for the monitoring, operation,
maintenance and repair of the Project (“Site Management Plan”).
b. If agreed upon, the Site Management Plan shall supersede applicable terms and
conditions of this Agreement.
c. If the Parties fail to agree upon a Site Management Plan before expiration of th is
Agreement, the District shall monitor, operate, maintain and repair the Project areas
to which the District has property rights consistent with the current version of
District rules, regulations and policies, based on available funds.
16. Operation, Maintenance and Repair of Existing Levees and Project – General
a. Before and after expiration of this Agreement, the District shall monitor, operate,
maintain and repair existing levees and the Project consistent with District rules,
regulations and policies, based on available funding, except as provided otherwise
in this Agreement or in a new Agreement, as applicable.
b. The City acknowledges receipt of the District’s rules, regulations and policies on
the effective date of this Agreement.
c. Before expiration of this Agreement, either the existing levee or a new levee or
floodwall shall be in place and operational throughout the Project area during each
flood season of this Agreement.
d. After final acceptance and during the term of this Agreement, the City will maintain
regional and secondary trail clear zones and adjacent vegetation in accordance with
standards agreed to by the Parties.
e. After expiration of this Agreement, the City shall operate, maintain and repair parts
of the GRNRA outside of Habitat Area B and the portion of Area A riverward of
the maintenance access corridor, as shown on Exhibit A.
f. During the term of this Agreement, the District will monitor scour conditions of the
Project, taking into account the long-term stability of the Project and the protection
of City recreation, transportation and utility infrastructure that are on the riverward
side of the Project.
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g. During the term of this Agreement, the District will consider stability problems of
and issues with the Project in accordance with District rules, regulations and
policies, and the District will take appropriate action based on available funding.
h. The District will restore any parts of the Project that are damaged by the District’s
maintenance activities.
i. The projected Green River channel migration is shown on Exhibit E. The City has
volunteered to place certain City facilities on the riverward side of the Project to
benefit the regional flood risk reduction aspects of the Project. The District will
monitor the channel for scour and implement scour protection to prevent channel
migration (river’s edge at summer low flow) from reaching the line on Exhibit E,
attached and incorporated by this reference.
17. Operation, Maintenance and Repair-- Habitat Areas A and B
a. Taking into account the ecological benefit and plant density of Habitat Areas A and
B, the District shall monitor, operate, maintain and repair the Habitat Areas
consistent with District rules, regulations and policies, based on available funding.
On the effective date of this Agreement, these rules, regulations and policies
include but are not limited to applicable permit requirements, the Lower Russell
Levee Setback Site Management Plan, the King County Flood Hazard Management
Plan policies, the Green River System Wide Improvement Framework, and the
Lower Green River Flood Hazard Management Plan.
b. Specifically, the District shall control invasive vegetation in accordance with
permit requirements and shall support the establishment of shade trees over time
meeting permit obligations.
c. The District shall inspect the Habitat Areas at least annually, according to permit
requirements or the approved Site Management Plan, upon acceptance. The Parties
agree that the District’s monitoring, operation, maintenance and repair of the
Habitat Areas will be more frequent during the first ten years of the existence of
the Habitat Areas.
18. FEMA Accreditation
a. If the City seeks FEMA accreditation of the Project, or any portion of it, the City
shall be responsible for preparing and submitting the required documents and
information.
b. Upon request, the District will provide existing documents in support of the City’s
efforts.
19. Immunity. This Agreement shall not be construed to reduce the statutory immunity
that the District, County or City enjoys regarding the provision of flood protection.
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20. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. Participation. In the event that any dispute arises between the parties as to the
interpretation or application of any term of this Agreement, or as to the validity of
any claim made by either party against the other as a result of this Agreement, and
the parties are unable to resolve the dispute through negotiations, the parties agree
to participate in a nonbinding, neutral evaluation and mediation of their dispute at
a mutually agreeable location prior to commencing legal action. Either party may
request that any dispute be submitted to neutral evaluation and mediation at any
time upon giving written notice to the other party.
b. Selection of Mediator. Upon giving notice by either party as provided above, the
parties shall attempt to select a neutral person to evaluate and mediate the dispute.
If, after thirty (30) days, the parties cannot agree on any of the persons named, or if
acceptable persons are unable to serve, or if for any reason the appointment of a
neutral person cannot be made, either party may terminate the dispute resolution
process or the parties may, by agreement, seek other means of resolution.
c. Conflicts of Interest. Each party shall promptly disclose to the other any
circumstances known by it that would cause justifiable doubt as to the
independence or impartiality of any individual under consideration or appointed as
a neutral mediator. Any such individual shall promptly disclose such circumstances
to the parties. If any such circumstances are disclosed, the individual shall not serve
as neutral mediator unless both parties agree in writing.
d. Compensation of Mediator. The neutral mediator’s charges shall be established at
the time of appointment. Unless the parties otherwise agree, the fees and expenses
of the neutral mediator shall be split equally and each party shall bear its own costs
and expenses.
e. Mediation Session. The mediation session is intended to provide each party with an
opportunity to present its best cause and position to the other party and the neutral
mediator and for the parties to receive opinions and recommendations from the
neutral mediator. The neutral mediator shall facilitate communications between the
parties, identify issues, and generate options for settlement. The neutral mediator
shall also discuss with each party separately the neutral mediator’s opinion and
evaluation of the strengths and weaknesses of that party’s position. The terms of
any settlement made by the parties as the result of the mediation shall be set out in
writing.
f. Confidentiality. The dispute resolution process identified in this paragraph is a
compromise negotiation. The parties agree to maintain in confidence all offers,
promises, conduct, and statements, oral or written, made in the course of the
mediation by either of the parties, their agents, employees, experts, representatives
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or attorneys, or by the neutral mediator and agree that the same shall be deemed
negotiations in pursuit of settlement and compromise and not admissible or
discoverable in subsequent legal proceedings pursuant to Washington Evidence
Rule 408. The neutral mediator shall be disqualified as a trial or deposition witness,
consultant, or expert of either party.
g. Reservation of Rights. In the event that the parties are unable to resolve the dispute
through the dispute resolution process established in this paragraph, the parties
reserve any and all other rights and remedies available to each of them regarding
such dispute.
21. Third Parties. This Agreement and any activities authorized hereunder shall not
be construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability to the City, the
District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW, or
as otherwise granted or provided for by law.
22. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officials, employees, principals
and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any
kind, including injuries to persons or damages to property, arising out of or relating to any
negligent acts, errors or omissions of the indemnifying Party and its contractors, agents, employees
and representatives in performing these obligations under this Agreement, unless such damages
and injuries to persons or property are caused by or result from the sole negligence or willful
misconduct of the District or its contractors, employees, agents, or representatives, or the City or
its contractor or employees, agents, or representatives. Each Party’s obligation hereunder applies
only to the extent of the negligence of such Party or its contractor or employees, agents, or
representatives. This indemnification provision shall not be construed as waiving any immunity
granted to the City, the District, or King County, under state statute, including chapters 86.12 and
86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party only,
and only to the extent necessary to provide the indemnified Party with a full and complete
indemnity of claims made by the indemnitor’s employees. This waiver has been mutually
negotiated.
23. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional excess
liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the other Party
with a certificate of insurance and additional insured endorsement that will name the other Party
as an additional insured.
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24. Miscellaneous
a. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in
interest and assigns.
b. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other
communications required or desired to be given hereunder by either Party
(collectively, "notices") shall be in writing and shall be validly given or made to the
other Party if delivered either personally or by Federal Express or other overnight
delivery service of recognized standing, or if deposited in the United States Mail,
certified, registered, or express mail with postage prepaid, or if sent by electronic
mail. If such notice is personally delivered, it shall be conclusively deemed given
at the time of such delivery. If such notice is delivered by Federal Express or other
overnight delivery service of recognized standing, it shall be deemed given one
business day after the deposit thereof with such delivery service. If such notice is
mailed as provided herein, such shall be deemed given three business days after the
deposit thereof in the United States Mail. If such notice is sent by electronic mail,
it shall be deemed given at the time of the sender's transmission of the electronic
mail communication, unless the sender receives a response that the electronic mail
message was undeliverable. Each such notice shall be deemed given only if
properly addressed to the Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works Director
Brian Levenhagen, Parks Deputy Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500 and (253)856-5100
Email: tlaporte@KentWA.gov and
bjlevenhagen@kentwa.gov
To District:
Michelle Clark, Executive Director
516 Third Avenue, Room 1200
Seattle, WA 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty.gov
Any Party may change its address for the purpose of receiving notices as herein
provided by a written notice given in the manner aforesaid to the other Party.
c. Mutual Release/Consideration. As part of the consideration for this Agreement, the
Parties agree to mutually release any and all claims known or unknown related to
prior, submitted reimbursement requests between the City and the District.
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d. Severability. If any provisions of this Agreement or its application are held invalid,
the remainder shall not be affected.
e. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
f. Entire Agreement. This Agreement, together with Exhibits A through F, represent
a full recitation of the rights and responsibilities of the Parties and may be modified
only in writing and upon the consent of both Parties.
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become
effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Dana Ralph Reagan Dunn
Its: Mayor Its: Board Chair
DATE:__________________________ DATE:_________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney District Attorney
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Page 1 of 4
AFTER RECORDING
RETURN TO:
Mayor of Kent, Dana Ralph
City of Kent
220 Fourth Avenue South
Kent, WA 98032-5895
Flood Protection, Habitat Restoration and Recreation Covenant
Grantor: The City of Kent
Grantee: King County Flood Control District
Brief legal description:
Tax Parcel Nos.: 102204-9016, 102204-9027, and 102204-9021
RECITALS
The property that is the subject of this Covenant is legally described in Exhibits A and B,
and illustrated in Exhibit C (“Property”) and Exhibit D (“Land Use Map”), all of which are
attached and incorporated. The purpose of this Covenant is to ensure that the Property
will be used in perpetuity to enable floodplain protection, habitat restoration, and
recreational purposes, and to prevent this land from future development for purposes
inconsistent with these stated uses. This Covenant is a condition of the grant funding
appropriated by the Department of Ecology (Ecology) through the 2015 Washington
State legislature under § 3064 of the Capital Budget, and is made in accordance with
Chapter 64.04 RCW.
COVENANT
The City of Kent, as Grantor, who is anticipated to become the future fee simple owner of
the Property herein under the terms and conditions of an interlocal agreement between
Grantor and the King County Flood Control District, covenants and declares on behalf of
itself and all heirs, assigns, and successors in interest into whose ownership the below
described real property might pass that the Property, once it is owned by the Grantor, will
be preserved and maintained in accordance with restrictions and obligations described
below in perpetuity. Furthermore, it is the intent of the Grantor that such covenants shall
supersede any prior interests the Grantor has in the property and shall run with the land
and be binding on any and all persons who acquire any portion of, or interest in, the
Property.
King County, as the current owner of the Property, through its below signature, consents to
Grantor’s signing and recording of this Covenant against the property.
RESTRICTIONS
Uses of the Flood Protection and Habitat Property identified in Exhibit D shall be
restricted to:
Providing open space;
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Page 2 of 4
Providing passive outdoor recreation uses, such as nature trails, interpretive
opportunities, and wildlife viewing, and access for maintenance of those passive
recreational features;
Providing floodplain protection including allowing for construction of a setback
levee, access for levee maintenance, repair, and associated levee elements;
Enhancement of the river, stream, floodplain, and/or riparian area for fish and
wildlife habitat;
Restoring the land in predetermined areas to floodplain protection, habitat
restoration, or recreational uses;
Planting of riparian areas;
Providing vegetation management of exotic species (such as reed canary grass,
purple loosestrife, etc.);
Uses of the Recreation Property identified in Exhibit D shall be restricted to:
All forms of outdoor recreation consistent with Grantor’s Parks and Open Space
Plan and Washington State’s Recreation and Conservation Office grant programs,
including but not limited to passive and active recreational uses such as trails,
wildlife observation areas, picnic areas and shelters, playgrounds, informal play
lawns, restrooms, and attendant parking with associated rain garden(s), stormwater
treatment basin(s), or swale(s).
The Flood Protection and Habitat Property and the Recreation Property are collectively
referred to herein as the Property.
OBLIGATIONS
Upon its ownership of the Property, the Grantor freely and voluntarily grants the King
County Flood Control District, the Grantee, and their authorized representatives, upon
reasonable notice, the right to enter the Property at reasonable times to evaluate the
effectiveness of this Covenant, and enforce compliance with this Covenant and those
actions. The Grantor shall be responsible for all costs associated with implementation of
this Covenant.
Ecology shall be entitled to enforce the terms of this Covenant by resort to specific
performance or legal process. All remedies available in this Covenant shall be in addition to
any and all remedies at law or in equity. Enforcement of the terms of this Covenant shall be
at the discretion of Ecology, and any forbearance, delay or omission to exercise its rights
under this Covenant in the event of a breach of any term of this Covenant is not a waiver by
Ecology of that term or of any subsequent breach of that term, or any other term in this
Covenant, or of any rights of Ecology under this Covenant.
In the event the Property is used inconsistent with this Covenant, after the Property comes
under Grantor’s legal ownership, the Grantor will either purchase appropriate replacement
Property, or reimburse Ecology for the value, of that portion of the Property whose use was
converted as compared to the whole. As an example, if the conversion affects only 10% of
the Property covered by this Covenant, Grantor’s reimbursement or replacement
8.I.a
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Page 3 of 4
responsibility is equal to that percentage of Ecology’s original contribution to the Property’s
acquisition cost, which original contribution amount was $4,901,000.
ENFORCEMENT AND CONSTRUCTION
This Covenant shall be liberally construed to protect the flood protection, habitat restoration
and recreation purposes as provided for within this Covenant.
The provisions of this Covenant shall be severable. If any provision in this Covenant or its
application to any person or circumstance is held invalid, the remainder of this Covenant or
its application to any person or circumstance is not affected and shall continue in full force
and effect as though such void provision had not been contained herein.
A heading used at the beginning of any section or paragraph or exhibit of this Covenant
may be used to aid in the interpretation of that section or paragraph or exhibit but does not
override the specific requirements in that section or paragraph.
In witness whereof, the City of Kent has executed this document this ___ day of
_______________________2019, at King County, Washington.
CITY OF KENT (GRANTOR)
Dana Ralph, Mayor Date
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day before me personally appeared ___________________________________,
to be known the Mayor of Kent, WA, that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of such
party, for the uses and purposes therein mentioned, and on oath stated that the
execution of the instrument was duly authorized.
In witness whereof, I have hereunto set my hand and affixed my official seal this _____
day of _____, 20___.
Notary Signature
Notary name printed or typed
NOTARY PUBLIC in and for the State of Washington
Residing at _____________________
8.I.a
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Page 4 of 4
In witness whereof, the King County Flood Control District has executed this document this
___ day of _______________________2019, at King County, Washington.
King County Department of Natural Resources and Parks (Grantee)
___________________________________________
Christie True, Director Date
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day before me personally appeared ___________________________________,
to be known the Director of King County’s Natural Resources and Parks Department,
that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of such party, for the uses and purposes therein
mentioned, and on oath stated that the execution of the instrument was duly authorized.
In witness whereof, I have hereunto set my hand and affixed my official seal this _____
day of _____, 20___.
Notary Signature
Notary name printed or typed
NOTARY PUBLIC in and for the State of Washington
Residing at _____________________
8.I.a
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Exhibit A: Legal Description for Parcel Nos. 102204-9016 and 102204-9027
102204-9016:
That portion of Government Lots 1 and 2, Section 10, Township 22 North, Range 4 East, W.M., in King
County, Washington described as follows:
Beginning at a point on the East bank of the White (Green) River, 126 feet Northerly from the Northwest
corner of the Neely Donation Land Claim at a highwater mark on the bank of said river, said point being
the most Southerly corner of the tract of land described in deed dated April 17, 1870, recorded May 8,
1870, in Volume 3 of deeds, Pages 491 and 492 (hereinafter referred to as the Van Doren Tract);
Thence North 32°22'00" East 363.00 feet to the most Easterly corner of said Van Doren Tract to the
True Point of Beginning of the property hereinafter described;
Thence continuing North 32°22'00" East a distance of 270.60 feet to a point on the Northwesterly
margin of the Russell County Road, said point being the most Easterly corner of a tract of land
described in deed dated March 21, 1875, recorded March 26, 1878 in Volume 14 of deeds, Page 748
(McClellen Tract);
Thence North 77 °00'00" West, a distance of 371.30 feet;
Thence Southerly along the following courses and distances;
South 11 °48'40" West, a distance of 62.94 feet;
South 03°33'34" West, a distance of 121.82 feet;
South 06°21 '58" East, a distance of 76.52 feet to a point which is North 77°00'00" West from the True
Point of Beginning;
Thence South 77°00'00" East to the True Point of Beginning.
102204-9027:
That portion of Government Lots 1 and 2, Section 10, Township 22 North, Range 4 East, W.M., in King
County, Washington described as follows:
Beginning at a point on the East bank of the White (Green) River, 126 feet Northerly from the Northwest
corner of the Neely Donation Land Claim at the highwater mark on the bank of said river, said point
being the most Southerly corner of the tract of land described in deed dated April 17, 1870, recorded
May 8, 1870, in Volume 3 of deeds, Pages 491 and 492 (hereinafter referred to as the Van Doren
Tract) to the True Point of Beginning of the property hereinafter described;
Thence North 32°22'00" East 363.00 feet to the most Easterly corner of said Van Doren Tract
Thence North 77°00'00" West to a point on said East bank of said river;
Thence Southerly along said East bank to the True Point of Beginning;
Except that portion thereof lying within the following described lands:
That portion of Government Lots 1 and 2, Section 10, Township 22 North, Range 4 East, W.M., in King
County, Washington described as follows:
Beginning at a point on the East bank of the White (Green) River, 126 feet Northerly from the Northwest
corner of the Neely Donation Land Claim at a highwater mark on the bank of said river, said point being
the most Southerly corner of the tract of land described in deed dated April 17, 1870, recorded May 8,
1870, in Volume 3 of deeds, Pages 491 and 492 (hereinafter referred to as the Van Doren Tract);
Thence continuing North 32°22'00" East a distance of 363.00 to the most Easterly corner of said Van
Doren Tract;
8.I.a
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Thence continuing North 32°22'00" East a distance of 270.60 feet to a point on the Northwesterly
margin of the Russell County Road, said point being the most Easterly corner of a tract of land
described in deed dated March 21, 1875, recorded March 26, 1878 in Volume 14 of deeds, Page 748
(McClellen Tract);
Thence North 77°00'00" West, a distance of 371.30 feet to the True Point of Beginning of property
hereinafter described;
Thence Southerly along the following courses and distances;
South 11 °48'40" West, a distance of 62.94 feet;
South 03°33'34" West, a distance of 121.82 feet;
South 06°21 '58" East, a distance of 130.39 feet;
South 13°14'57" East, a distance of 153.14 feet;
Thence leaving said parallel line South 60°46'16" East 78.58 feet to a point on said Northwesterly
margin;
Thence Southwesterly along the Northwesterly margin of said road and its Southwesterly extension
thereof to a point on the Easterly bank of the White (Green) River which point lies 126.00 feet North of
the Northwest corner of said donation claim;
Thence Northerly along the bank of said river to a point which is North 77°00'00" West from the True
Point of Beginning;
Thence South 77°00'00" East to the True Point of Beginning.
8.I.a
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Exhibit B: Legal Description for Parcel No. 102204-9021
Beginning at a point 595.26 feet East of and 165 feet North of the Southwest corner of Government Lot
2, in Section 10, Township 22 North, Range 4 East, W. M., in King County, Washington;
Thence North 33°30'00" East 364.58 feet;
Thence West 508.86 feet, more or less, to the East line of the County Road;
Thence Southwesterly and Southerly along said Easterly margin of County Road to a point which is
West of the True Point of Beginning.
Thence East to the True Point of Beginning.
8.I.a
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Exhibit C: Property Map of Tax Parcel Nos.102204-9016, 102204-9027 (x-Holiday Property),
and 102204-9021 (x-Noble Property)
Noble warehouse and Holiday Kennel properties
6667100000
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1022049153
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D.lte: 2/16/2018 Holes:
1122049017
1122049064
0006200001
N A
Gr
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King Counly
tQ King CountyGISCENTER 8.I.a
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Exhibit D: Land Use Map
8.I.a
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