Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 8/6/2019 KENT CITY COUNCIL AGENDAS Tuesday, August 6, 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 ************************************************************** COUNCIL MEETING AGENDA - 5 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 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Chief Administrative Officer's Report 6. PUBLIC HEARING 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 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 City Council Meeting City Council Regular Meeting August 6, 2019 A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jul 16, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jul 16, 2019 7:00 PM B. Payment of Bills - Approve C. Excused Absence for Councilmember Kaur - Approve D. Excused Absence for Councilmember Troutner - Approve E. Excused Absence for Councilmember Higgins - Approve F. Set September 3, 2019 as the Date for the Public Hearing for the “Lannoye” Property Surplus and Restrictive Covenant Removal - Authorize G. Set September 3, 2019 as the Date for the Public Hearing to Consider the Surplus and Transfer of the Kronisch Property from the Parks Department to the Public Works Department – Authorize H. 2019 First and Second Quarter Fee-in-Lieu Funds – Authorize I. Recreation Conservation Office Grant Agreement for the Service Club Ballfields – Authorize J. Agreement for Award of King Conservation District WRIA Forum Grant - Downey Farmstead Restoration Project - Authorize K. Consultant Services Agreement with Robert Half International - Authorize L. Consolidating Budget Adjustment Ordinance for Adjustments Between March 1, 2019 and June 30, 2019 - Adopt M. Dvorak Barn Concrete Foundation and Interior Framing Bid - Award 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. Page 1 of 10 Communications Manager Dana Neuts worked with Kent Station to promote and set up the celebration of Mayor Jim White by unveiling his star in the Kent Station plaza. She also worked with Michelle Wilmot to promote and set up for the Landmarks Commission hearing last week in which the Lunar Rovers were granted landmark status. Neighborhood Program Coordinator Toni Azzola and our Communications Intern are preparing the Residential Parking Zones (RPZ) for a portion of the Mill Creek neighborhood and Glencarin Div. 1, Shadow Run and Jason Lane neighborhoods. If a property owner/resident lives on site, they will receive an RPZ brochure that explains how the program works, four reflective permits, 15 hangtag permits for guests, an application for extra passes and a letter confirming when enforcement will take place. Residents who live in these neighborhoods will have from September 1 through October 1 to make sure they are in compliance. On Monday, July 22, Mayor Ralph was interviewed about Kent Walks by KING5. The interview sparked multiple phone calls and emails from neighborhoods throughout the City looking for assistance with their neighborhood concerns. The Neighborhood Program Coordinator assisted residents with complaints on barking dogs, animal feces, sidewalk requests, ditches being filled, retention pond access, landscaping, wetland maintenance, park open space and pedestrian safety. So far, only one neighborhood has expressed interest in participating in Kent’s Neighborhood Program and becoming formally recognized. Community Engagement Coordinator Uriel chaired the first South King County (Census) Table meeting. Representatives from the cities of Federal Way, SeaTac, Tukwila, Burien, Auburn and Renton attended the meeting. The goal of the South King County Table is to create a concise community engagement plan to reach historically undercounted communities in preparation for the 2020 Census. The South King County Table will be meeting on a monthly basis. Uriel has been in negotiation with potential speakers for the City’s Equity & Inclusion Speaker Series. The first confirmed speaker will be Sylvia Mendez, a Presidential Medal of Freedom recipient and an instrumental figure in the Mendez vs. Westminster ruling - a landmark desegregation case in 1946. Mrs. Mendez will be speaking in Kent on November 14, 2019. The second confirmed speaker will be Vishavjit Singh, also known as Sikh Captain America. Mr. Singh is a nationally recognized speaker who brings a unique look into equity by focusing on the power of stories and art. Economic Development The effort to designate the Apollo Lunar Rovers historic landmarks received a great show of support at the July 25 public hearing of the King County Landmarks Commission - the designation was approved unanimously. ADMINISTRATION ECONOMIC AND COMMUNITY DEVELOPMENT August 6, 2019 5.A Packet Pg. 3 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 2 of 10 Thanks to all who came out on a gorgeous evening to support, provide testimony and celebrate this history-making endeavor. It was truly a team effort that wouldn’t have come together without the excellent contributions of many. Below is a partial list of the very positive coverage seen so far: • One giant leap for preservation: Kent wins landmark status for Boeing’s moon buggies - Geek wire • Reposted on Yahoo • Apollo Lunar Rovers built in Kent receive historic landmark designation – KING 5 • Kent gets landmark designations for lunar rovers on moon – KIRO 7 • Reposted on Facebook page • Kent-made Lunar Roving Vehicles designated as historical landmarks - KOMO • http://my.tvey.es/i7N8H - Q13 • Kent’s Lunar Roving Vehicles designated as Historic Landmarks - ILoveKent • One giant leap for Kent – Kent Reporter Kent is the third entity in the country to have objects on the Moon designated as landmarks behind California and New Mexico. This outcome is a fantastic way to honor the expertise of those who built the Lunar Rovers and a great win for Kent Valley. Next up – the Washington State historic register. Rental Housing Inspection Program RHIP staff have been in contact with owners of all 69 properties in the northern half of East Hill that are subject to inspections in 2019. Fourteen have been inspected so far, with 7 more scheduled for August. We issued our first 5 Certificates of Compliance this month. Primary issues encountered so far are improperly installed water heaters and smoke detectors. Postcards will go out next week to 408 multi- family properties across the city to remind landlords of the requirement to register their properties, obtain a business license and comply with RHIP. Three other cities - Renton, Federal Way and Bremerton have been in touch with RHIP staff with the intent to adopt similar programs modeled after Kent’s. Bremerton complimented our program as “by far the most clear, easy to administer, and affordable.” Long Range Planning After Council’s adoption of the Shoreline Master Program on July 16, ECD staff submitted the adopted amendments for the Department of Ecology’s final approval on July 18. Staff also submitted all close-out progress reporting and documentation for the Department of Ecology Shoreline Grant, which funded consultant work on the project. Staff anticipates Ecology’s final approval of the SMP amendments within 30 days. Permitting The Permit Center is now accepting electronic plan submittals to replace paper plans. Electronic plan review will save time and money for the City and our customers. The first phase of work to replace our aging KIVA permit tracking system is underway. We are working with IT and outside contractors in a Discovery Phase, which will lead to roll-out of a new system, known as Amanda. We are excited for the pilot phase, which will begin in late Fall. Staff is reviewing permit applications for the redevelopment of a portion of the Boeing Space Center site in Kent. Two new building plans examiners have been hired to fill vacant positions and will start on August 1 and September 1. Year-to-date, ECD has issued 317 Franchise Utility Permits, 262 Water and Side Sewer Permits, 25 Civil Construction and Grade and Fill Permits. Year-to-date, ECD has assessed/collected $1,552,000 in Traffic Impact Fees, $1,175,000 in Drainage System Development Charges and $1,442,000 in Water 5.A Packet Pg. 4 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 3 of 10 System Development Charges through the permit review process. July Building Permits Summary • Inspections Completed: 1582 • Plan Reviews Completed: 622 • New Applications: 402 • Permits Issued: 383 Remove Local Administrative Access This project will remove local administrative rights from non-technical and non-critical users. Phone System Upgrade This project will upgrade the City's current phone system to ensure modern day business system compatibility. Information Technology operational support for June 16 to July 30 • Number of tickets opened – 215 • Number of tickets closed – 211 Managed 139 cases that were set for trial in July. Of those cases, 28 were confirmed for trial, which resulted in 21 guilty pleas, 2 dismissals due to lack of witness participation, and 5 continuances to future months due to witness and officer unavailability. For the first time in 8 months, no case proceeded to trial in July. Interviewed 47 civilian witnesses in anticipation of the August jury term. Issued Notices of Business License Revocation to 10 separate businesses who had failed to pay overdue fire permit fees despite numerous reminders. Two of the 10 businesses came in promptly and paid their past due fees; 3 were scheduled for hearing before the City’s Hearing Examiner on July 17, but each failed to appear, which resulted in default orders revoking their business licenses (The Mustang Shop d/b/a TMS Performance & Dyno Tuning; Used Car Repair; and, Bing Xing, Inc., d/b/a Kent Super Buffet). Five others are set for hearing before the Hearing Examiner on August 14, (Montessori World; JP Logistics, Inc. d/b/a ALF; Kollmar Sprinter Solutions; The H Bros; and, East Hill Convenience Center d/b/a Kangley Chevron). Attended service of a search warrant with KPD, Auburn PD, and the FBI on a pawn shop on the East Hill of Kent and an associated warehouse in the Kent Valley. The owners of the pawn shop are alleged to have bought stolen goods from thieves and then resold the goods online through Amazon, eBay, Mercari, etc. After the search warrant, a Notice of Business License Revocation was posted at the pawn shop and warehouse. Prepared a collaborative training with the HR Department on managing performance and discipline in a unionized workforce and presented that training to supervisory staff within Public Works Operations. Researched 8 properties set for foreclosure this year due to delinquent payments on their Local Improvement District assessments. Prepared letters to lenders on those properties advising them of the delinquent payments and that their secured interests are in jeopardy if the City forecloses on the delinquent assessments. Last year, similar letters to the affected lenders resulted in all accounts being brought current and alleviated the need for the City to prepare and file a superior court complaint seeking to foreclose on the properties. Thus far, homeowners of 3 of the 8 delinquent accounts have cured their delinquencies. Continued to assist the City Clerk’s office with public records requests, and Public Works, ECD, and Parks with several high priority development projects, including property rights and access issues involving Naden Avenue. Recreation The Senior Center’s commercial kitchen, providing service to the Deli and Café program as well as rental groups, received an “Excellent” INFORMATION TECHNOLOGY LAW PARKS, RECREATION, AND COMMUNITY SERVICES 5.A Packet Pg. 5 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 4 of 10 rating for the fifth year in a row from King County Public Health Food Safety. The summer day camp program, Camp WALKAPALA, has gotten off to an amazing start with an average of 83 campers per week!! Participants have enjoyed art and science projects; an exceptional introduction to music through the Spotlight Series with Speed Control; also, fieldtrips to MoPop, Remlinger Farms and Family Fun Center. STEAM projects with the 4th – 6th graders have been well received. Campers particularly enjoyed the classic egg drop experiment and building earthquake sustainable structures. No one is left out when it comes to having summer fun! Children with disabilities or other special needs are welcomed and encouraged to participate in the Camp WALKAPALA Too program. Campers are included in all the general summer day camp activities but with smaller camper-to-staff ratios that allow for breaks or more specialized attention as needed. This organic camp program makes inclusion and acceptance very easy and natural for ALL participants. Twelve adults with disabilities hopped the Mt. Rainer train in Elbe to tour the Logging Museum. This is part of the summer Trips and Tours and Monday Adventures program. Comments like “without these trips I would not get to do anything outside the house” validate what a difference recreation programs are making in the lives of our residents with disabilities. Recreation isn’t just fun and games. More and more frequently, staff are finding themselves in challenging and sometimes very threatening situations. Most recently, staff (Dave Hobbs) of the HERO Program, a mobile recreation program that visits some of Kent’s highest needs apartments, parks and neighborhoods, was at Valli Kee Apartments when gun fire erupted. Dave, along with part-time staff guided approximately 20 children to safety and into a secure, locked down location until police arrived. Dave is applauded for swift thinking in insuring staff and the children in his care got to safety. Lake Meridian Beach Season is in full operation. Since opening on June 26, over 12,000 swimmers have visited the beach with over 3,800 people in the water on the Fourth of July! Safety is the primary goal at the beach and the loaner life vest program helps keep everyone secure in the water. Guards have issued over 300 life vests so far, this season! The supervised beach program employs 21 life guards who support the beach 7 days per week, 12:00pm-7:00pm through Labor Day (September 2). The annual Volunteer Appreciation Party was held July 17 at the Kent Valley Ice Centre. The event celebrates the contributions of over 1,000 volunteers who average 92,000 hours of service annually… a financial value of over $1.3 million dollars! This exceptional group of volunteers’ coach youth sports teams, mentor youth in our community, assist at the Senior Center, deliver meals on wheels, clean-up parks and a variety of other tasks. Staff cooked and served hot dogs and hamburgers for 300 volunteers in attendance while participants enjoyed ice skating, miniature golf, and batting cages. The Kent Summer Concert series kicked off on July 10 with a performance for kids and families by Tickle Tune Typhoon. This “Wednesday Picnic Performances” favorite drew a crowd of approximately 500 to Town Square Plaza on a very rainy day to celebrate the band’s 40th anniversary year. A very dedicated crowd of 150 people braved pouring rain to see Alex Zerbe’s physical comedy show on July 17, and Roberto the Magnificent entertained approximately 300 people on July 24. Culture Shock opened “Thursdays at the Lake” with tropical Latin American hits and exotic dance rhythms on July 11. Rainy skies kept the crowd to about 300 people. Similarly, approximately 350 braved the threatening weather on July 18 for Americana swing music from Birch Pereira and the Gin Joints. The Summer Concert Series finally had a nice sunny day on July 25 for country rock artist Aaron Crawford, who drew 750 to Lake Meridian. 5.A Packet Pg. 6 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 5 of 10 The 2019 Cornucopia Days 5K Run was held July 13 and hosted runners and walkers on the Green River Trail. 450 of the 496 registered participants, started and finished at the Old Fishing Hole. Sponsorship was strong with Kent Bowl once again generously paying for all participants age 60 and over. The new Kent Creates exhibit, “Look Up,” is accepting submissions through September 30. The top five submissions will receive featured status and a $200 honorarium each. Human Services Staff is representing North/East/South King County on the Continuum of Care (CoC) Application and Ranking Committee for Seattle/King County. HUD recently released the Notice of Funding Availability (NOFA) and the committee is now working on the application. There will be a Permanent Supportive Housing bonus and a Domestic Violence bonus for this year, like last year. As part of the application process, committee members must prioritize our projects into two tiers. Tier one will include 94% of our currently funded programs and those are almost certain to be funded through the renewal process. 6% of our currently funded programs must be placed in tier two and those projects would be considered more at risk. (Our annual renewal amount for the County is $42,997,915.) The committee has a goal of maintaining as much HUD Continuum of Care program funding in our CoC as possible, and promoting our goals of reducing racial disparities. Staff continues to participate in the homeless system regional governance structure transformation process. Seattle and King County are currently working through procedural steps that must be followed to stand up the new organizational structure. The City and County need to enter into an Interlocal Agreement on their respective contributions to the new organization. King County will then need to pass a charter that does the legal work of establishing a new Public Development Authority as the basis of the new organization. Once that is complete the City of Seattle, King County, and any other local jurisdictions that wish to join would sign ILA’s directly with the new organization. Many key issues remain to be worked out, including the structure of the governing board, and sub-regional participation. Currently Seattle and King County’s “homeless crisis management” functions will transfer over, including prevention and diversion programs, support services, and services attached to permanent supportive housing. Continuum of Care functions will also transfer, including responsibility for the annual Point in Time count, Coordinated Entry, and the Homelessness Management Information System (HMIS). Staff Changes Hiring/Retirement/Recruitment/ Leaves/Promotions • Entry Level Police Officer Douglas Hicks starts on August 1. • Entry Level Police Officer Matthew Crawford starts on September 3. • Corrections Officer Derek Lind starts as an Entry Level Police Officer on September 3. Significant crime Activities/Arrests/Investigations On July 21, a subject was detained and charged with Assault in the second degree in Meridian Valley Country Club for strangulation of a female victim. A Good Samaritan that lives in the Country Club was flagged down by the female as he was driving in the South gate. She jumped in the witness vehicle to flee being actively assaulted. On July 21, witnesses reported a male exit a white/cream sedan (possible Nissan Altima), rip off his shirt and shoot toward a residence, striking two unoccupied vehicles. Five casings of 9mm were located at the scene. Surveillance video was captured from an adjacent residence of the suspect vehicle. The case was referred to Detectives. On July 23 and July 24, two males allegedly committed suicide by stepping in front of an oncoming train. POLICE 5.A Packet Pg. 7 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 6 of 10 On July 24, A male was taken to hospital for attempted suicide the evening before. His wife had arrived home and found husband naked and holding a gun. She observed blood on his chest area and left the residence. Several units responded. According to the wife he has threatened suicide with a gun 5 times prior. A drone was sent in along with a robot and found male standing with a gun to his chin. Officers were able to talk him out of the unit and get him in treatment. An inmate was transported to Valley Medical Center for head injury evaluation after flooding his cell at CKCF. When an officer opened the door, the inmate started throwing punches at the officer. The inmate continued to fight and additional strikes by officers were thrown. Multiple officers arrived and were able to get him under control. Two officers sustained injuries and were treated at Valley Medical Center. Major Emphasis Patrol On July 11, SOU ran emphasis resulting in a seizure of over a pound of heroin and meth and coke along with 2 stolen guns, a Cadillac, and roughly $12,000. Patrol ran a 3-day racer emphasis July 26-28 with the help of Auburn PD, Renton PD, Tukwila PD and WSP. Racers had allegedly been invited to Kent from all over Washington, Oregon, and Idaho. The initial stats are: Friday: • 1 DWLS arrest • 9 traffic citations written • 36 Field Interviews conducted • 2 criminal traffic arrests • 1 DUI arrest • 1 vehicle impounded Saturday: • 2 DWLS arrests • 22 traffic citations written • 39 field interviews conducted • 5 criminal traffic arrests • 1 DUI arrest • 5 vehicles impounded Sunday: • 3 field interviews conducted School Issues On July 12, two juvenile males were detained and charged with tagging Emerald Park Elementary with spray paint in various areas including the basketball court. Events and Awards Officers Will Davis and Taylor Burns received lifesavings awards at City Council on July 16. Sergeants Tim Lontz, Eric Tung and Matt Wheeler received commendations for their management of a large motorcycle gang party on 6/8. Other The Kent Police Facebook page received a message from a citizen commending Officers Axelson and Ross for their "kindness and compassion" while dealing with her "manic" daughter during a Welfare Check. The message read that the officers’ actions "Restored my hope in humanity”. Land Survey & GIS The Land Survey department has been mapping for the 76th Ave driveways and work continues the topography for the 2019 Water Project. Land Survey office staff continue to review plans and specifications for Capital Improvement Projects, as well as performing boundary calculations, writing legal descriptions, and preparing exhibits for easements and right-of-way. GIS/Survey Technician continues field mapping and updating water and cross-connection assets for the GIS. The GIS department has a transitioning GIS Analyst II, Dana Son, moving to the IT Department on August 1 as the new GIS Spatial Applications Analyst. This position will allow GIS and IT to work collaboratively and bring new technologies to the city. GIS is working in collaboration with other departments such as Parks and Transportation to help their GIS Interns with their projects. GIS analysts have continued to input backlogged as-built infrastructure data into the GIS system, performed public records requests, and 6,589 PUBLIC WORKS 5.A Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 10 city signs have been collected to date for the Sign Inventory Project. GIS coordinator has completed the asset data models for the Cityworks Public Works project so that the consultant can begin configuration. GIS supervisor participated in the Regional Sound to Summit GIS Committee monthly. Construction LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1), 84th to SR 167 – tree and shrub planting in the pond area is ongoing. SR 167 Bridge – bridge pedestrian rail installation is ongoing. SR 167 – temporary jersey barrier removal and final striping realignment is scheduled to take place at night this week. SR 167 to 88th – tree and shrub planting is ongoing. LID 363: S 224th St improvements – 88th Ave S / S 218th St improvements – S 222nd St to 94th Pl S (Ph 2), concrete retaining wall construction on the south side of 218th St at the new culvert crossing is ongoing, and will continue for several weeks. Excavation for the retaining wall footings on the north side of 218th St is ongoing. Two Garrison Creek culvert test piles have been accepted. Placement of the remaining 14 piles will continue for another three weeks. Existing culvert is scheduled to begin removal 8/5. Grading for sidewalk along the new section of roadway from the Phase 1 project to 93rd continues. S 218th St from 93rd to 94th Pl closed on July 8 and is expected to reopen by September 30. 88th Ave from the new bridge to 218th (up to 93rd) is paved and is now open to traffic. Cambridge Reservoir Recoating and Fall Protection Improvements: The exterior primer coat and two intermediate stripe coats are complete. Stripe coats are applications of extra paint to edges, welds, fasteners, and other irregular areas. Application of the main intermediate epoxy coat is underway and is anticipated to conclude this week. Finish coat is anticipated to start August 5, and take approximately two weeks. 228th St. Union Pacific Railroad Grade Separation Ground Improvements and Embankments (Ph 4 of 5), Westside watermain tie-ins are in progress. Coordinating water outages with effected properties for connection to the new system. Westside fill for vertical walls began last week and will continue for the next several weeks. Starting watermain installation on the east side of the tracks next week. Opened new Pacific Metals / FloForm driveway last week. Upper Mill Creek Dam Improvements and Diversion Structure Replacement -forming and pouring of cast-in-place concrete stilling basin and diversion channel structures are ongoing and will continue for several weeks. 640 Pressure Zone Booster Station - installation of internal piping is ongoing. Prefabricating truss roofing segments on the ground awaiting to be lifted/set when the walls are ready. 2019 Asphalt Overlays paving is complete. Traffic loop installation and final channelization markings are scheduled for the middle of August. Raising metal manhole covers and valve boxes is ongoing at several of the project locations. 2019 Sanitary Sewer CIPP Lining - Sanitary sewer CIPP lining is ongoing in the Linda Heights neighborhood. Project limits are from S 240th St to S 251st Pl between Military Rd and I-5. The CIPP work is continuing to go according to the schedule. Last week the contractor installed another 1900-ft of liner to bring the total to 6500-ft, which is 55% of the expected total. 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 underway and will continue for several weeks on James St between 64th Ave and Lakeside Blvd. 700 Feet of 30” storm water force main pipe has been laid from 64th St to the James St culvert. Subcontractor, Gonzales Co., is working to bore a 40” steel casing under the James St culvert. James Street between 68th Ave S and the ice rink will be closed beginning the week of July 15 through the end of August. 5.A Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 8 of 10 Morrill Meadows Park / East Hill Park Renovation & YMCA (10600 SE 248th St) – Paving of 248th is taking place this week. Casting adjustments will follow, and final striping will proceed after the new asphalt’s 21-day cure period. GRE West Meeker (64th & Meeker) – On-site work is ongoing. Frontage improvement work on Meeker St is underway. Impact to traffic on Meeker St will be ongoing for several weeks. Blue Origin (21601 76th Ave S) – On-site work and building construction are ongoing. Off-site utility connections and frontage work is continuing 76th Ave. Transportation Staff represented the city at the King County Project Evaluation Committee (KCPEC). Staff attended the Rally the Valley Advisory Panel Meeting #4 and the Rally the Valley Staff Working Group meeting. Staff submitted initial comments on potential RapidRide I bus stops, capital improvements and non-motorized access to transit projects to King County Metro. Chris Roberson started as a Transportation GIS Intern. Chris will be assisting with data updates and analysis. Staff attended an Outreach Workshop for the Transportation Master Plan (TMP) update, and materials are being prepared for public outreach events in August and September. Staff are coordinating with King County Metro for the new Route 1514 implementation. Staff will be meeting with Hopelink to discuss the Transportation Master Plan update. Traffic Engineering Staff provided comments on Metro’s infrastructure modification proposals for Rapid Ride I. Staff attended a meeting with WSDOT to discuss future options for the I-5/S 272nd St interchange. Staff are working with Police to implement automated noise monitoring devices designed to deter street racing. Signals, Illumination and ITS Electrical contractor installed temporary video detection system for the EB approach at 64th Ave S & Meeker St as part of the GRE development project. The temporary video detection has been programmed and is in operation until new loops are installed. New Cobalt controllers have been installed at all 34 intersections identified in the Kent Valley Signal System Upgrade Project. Received confirmation from street light pole manufacturer that the replacement poles for the S 196th St bridge have finally been scheduled for build. One of the two crosswalk flashers on 72nd Ave S was vandalized. The anchor bolts were removed so the pole could be pushed over to steal the solar panel mounted at the top of the pole. There was no other damage to the pole or equipment and crosswalk operation has been restored. Provided emergency vehicle preemption (Opticom) operational records to KPD for a crash that occurred when emergency vehicles approached an intersection from three different directions. Completed final electrical inspection on the street lighting portion of the Leber development project so the contractor could weld the underground junction boxes shutoff. Design Under Deck Lighting at James Street -bids opened July 9, apparent low bidder is Titan Earthworks at $234,477, engineers estimate is $324,720. Evaluating cost of project before proceeding toward award. 5.A Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 9 of 10 212th East Valley Highway to 72nd -working with Railroads to secure necessary permits. Submitted project prospectus to WSDOT. Design progressing on signal plans, ADA ramps and Maximum Extent Feasible (MEF) documentation. 60% review set scheduled for distribution this week. Gathering information to prepare Right-of-Way package submittal. 4th and Willis Roundabout and Joint Utility Relocation projects -joint utility contract ready to advertise, working with WSDOT to obligate money. Traffic Control Plans for utility relocation project approved by WSDOT. Finalizing scope of work with drainage consultant. West Hill Reservoir -preparing for PW and Parks committee meetings and council meeting regarding the transition of the property. Notification to nearby property owners about change in property use to be sent this week. Consultant selection for design is underway. Internally coordinating for other related projects (transmission main and booster station). Meet Me on Meeker East -preparing documents to send to WSDOT to obligate funds for design. Skyline Sanitary Sewer - Kent School District working with ECD for sewer connection. Design is coordinating efforts with ECD. Wrapping up contract documents with design firm to analyze the basin. 2020 Overlays -working with shops on locations and gathering data to begin curb ramp design. 76th St. Road Raising and Culverts -design progressing from S.223rd at RR spur to S.212th St., coordinating with right-of-way team. Preparing grant application documents to submit road raising portion for Transportation Improvement Board (TIB) grant. Naden Site and Access -meeting between Parks, ECD and PW to discuss/decide design elements needed for property negations with developer – roadway section and location on site discussed. Streets Street Maintenance crews are paving asphalt inlays on 132nd Ave SE, SE 280th St, 101st Ave SE and 103rd Ave SE. They will also be installing an asphalt berm on S 204th St. The Concrete Crew will be assisting Street Maintenance on 132nd Ave SE, SE 280th St, 101st Ave SE and 103rd Ave SE with paving and hot patch inlays. They will be repairing handrails on SR 515, a trip hazard on Kent Kangley Rd, and have installed the concrete star to be used for the Memorial at the Kent Station. The Street Signs and Markings team are placing reader boards out on Military Rd S, removing a bush and a tree trunk for sign installations on 144th Ave SE and installing a sign for order #18-067 on W Meeker St. The Retro Reflectivity crew will be mounting signs with metal bands onto light poles on SR 516 and focusing on signs and locates on SE 266th St, SE 264th Pl, Kent Kangley Rd, 116th Ave SE and on 114th Ave SE. The Solid Waste crews will be removing debris and illegal signs on Hwy 99, SE 274th Way, Pacific Hwy and on 124th Ave SE. Vegetation crews will be performing maintenance at Kent water sites and drainage areas city wide. Street vegetation is focusing on maintenance on 64th Ave S, E Maple St, E Walnut St, State Ave N, E George St, SE 213th Pl, 103rd Pl SE, 100th Ave SE, SE 276th St, 132nd Ave SE, the people path on Bristol Ct and Carnaby St and our downtown alleyways. Our sidearm mowers will be focusing primarily on SE 256th St, 144th Ave SE, SE 152nd St, SR 515, S 272nd St, 100th Ave SE, SE 216th St, S 218th St, 92nd Ave S, S 200th St, 148th Ave S, SE 204th St, SE 224th St, SE 222nd St, Military Rd S, and Lake Fenwick Rd before moving on to adjacent roadways. Wetland Maintenance crews will be performing summer maintenance at various wetland and drainage locations and Wetland Mitigation crews are doing maintenance at the Lake Meridian Outlet channel and wetlands. They continue their work at the Green River Natural Resource Area and at the Leber site on W Valley Hwy, and they are running the irrigation systems at Alvin’s Pond, Leber and the Frager Rd Upper Mill Creek Dam. Weather depending, the spray truck will be out on 116th Ave SE, SE 5.A Packet Pg. 11 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 10 of 10 208th St, W James St, W Meeker St, Veterans Dr, S 196th St and on Military Rd S. Water Water staff are working with Scarsella Bros. and a local potable water diving company to repair a water main leak on the discharge line at our Garrison Creek reservoir. The water isolation valve leaving the reservoir is not providing a tight enough seal to allow for the water line to be cut out and replaced, so a diving company will insert a temporary plug in the reservoir discharge pipe to allow for the work. A new valve will be installed along with the repair. Staff are also installing 450 feet of new 8-inch water main between Hwy 167 and W Valley Hwy through an easement at the WA State Department of Transportation facility. This is the first phase in a two-phase project that will provide an additional fire flow supply to our customers in the southern end of the water system. Additionally, a conditional use permit was received to site a new water storage tank on the West Hill at 248th St and 38th Ave. S on a site known as the Kronisch Property. Staff are working on the next steps for property acquisition and consultant selection to begin design of the new water tank. Storm Storm crews will be cleaning lines in advance of the TV Truck on S 199th Pl, S 190th St, S 194th St, 66th Ave S and S 196th St, removing debris from the pipe so that clear video can be taken of the structure’s interior. They will be installing a storm line and lowering a catch basin at 40th Ave S, digging a ditch and pond at the Park Orchard Park as well installing a # # # 5.A Packet Pg. 12 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Pending Approval City Council Workshop Workshop Regular Meeting Minutes July 16, 2019 Date: July 16, 2019 Time: 5:00 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. Rapid Ride I/Mobility Plan April Delchamps, Senior Transportation Planner and Greg McKnight, RapidRide I Line Project Manager, provided the Council with information regarding the RapidRide I Line. RapidRide is a robust arterial bus rapid transit service that is the "Best of Metro," has high quality service and facilities, employs state-of-the art innovations, travels natural transportation corridors, has the highest level of speed and reliability investments among Metro services and partnerships with local jurisdictions. RapidRide I Line is the next project coming to Renton, Kent and Auburn. Planning during 2019, preliminary design 2019-2020, final design and construction 2021-2023, and service to start in September of 2023. In anticipation of the RapidRide service, Metro is working on the Renton- Kent-Auburn Mobility Plan to best serve the mobility needs of the region. There is a focus to increase network efficiency and investment in equity priority areas and to develop a network of mobility services. The goal is to create a single route from Renton to Kent to Auburn to be upgraded to the RapidRide I Line. The timeline was reviewed. The first assessment phase was completed in June. Metro collected feedback and shared project information to the Kent City Council, City staff, a Mobility Board was convened, members for a Partnership Review Board were 8.A.1 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes July 16, 2019 Kent, Washington Page 2 of 5 recruited. There were stakeholder interviews, tabling events, outreach at 30 bus stops and surveys conducted. Metro is getting the word out through a press release to local media, targeted media release to ethnic media, information posted on King County Metro website and blog, jurisdictional newsletter and tabling at community locations. Key themes and feedback from outreach included: · Feedback on RapidRide alignment, including Canyon Drive vs James Street pathway · Consider need for service investment, improve transit service coverage through Kent, east-west connections and service frequency · Ensure RapidRide stations serve important local destinations, including regional transit centers and services providers · Continue engagement strategies to prioritize historically underserved populations McKnight provided details on plans to provide security at bus stops. Summer outreach and engagement included: · Providing information and gathering input at community events · I Line online open house · Renton-Kent-Auburn Area Mobility Plan survey · Mobility and partner review boards What's next? · Concept Development Phase through early September · Ongoing Outreach and Engagement during the summer · Mobility Board in September · Kent City Council briefing anticipated in October to update on corridor concept and plan development · Coordination with City Staff will be ongoing. McKnight indicated lots of lessons have been learned and Metro is doubling down on what they are calling this RapidRide investment. McKnight addressed the Council’s concerns over security and crime and indicated better east/west connections throughout the day is one of the focus areas for concepts. McKnight advised Metro is looking at changes to dial a ride, the pilot last mile program, a fixed network and other services and how RapidRide will connect to Sounder and link light rail. 8.A.1 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes July 16, 2019 Kent, Washington Page 3 of 5 There was discussion on how the connection from the Renton transit center to Seattle will happen. 2. Rally the Valley Vision Hayley Bonsteel, Long Range Planning Manager, provided a brief introduction to the Rally the Valley presentation. Bonsteel indicated the Mayor and Council are invested in this project and this is the time to change the way we invest and think about valley. First draft deliverables include strategic issues, goals to address those issues, and an overarching vision. Bonsteel indicated that staff needs agreement on the fundamental issues at play, the directions our solutions need to point and the overall vision we are trying to achieve. Danielle Butsick, Long Range Planner, introduced the strategic framework - the overarching piece that will guide how we think about and articulate issues and will guide how we move forward. Butsick indicated she will be introducing each of the problem statements - existing conditions, the goals to address the issues and that the goals will be tied into one cohesive vision. Strategic Issue #1 Kent has a unique concentration of industrial land and infrastructure; absent other significant economic activity, and combined with state-imposed limitations on revenue, more diverse and resilient forms of funding are needed. Kent, state and region made investments in industrial infrastructure in the valley. The State legislature rules on taxes to collect and how to spend revenue. Sales tax is the primary source of revenue - more flexible to use for maintenance of access - need to look at diversifying funding sources. Goal #1 Optimize the City’s financing mechanisms to support public services and infrastructure that keep the City financially resilient and the valley productive. Butsick indicated we need to identify opportunities and make a lot of small changes. Possibly utilize LIDS, community facility districts, transportation benefit districts and look at how we market businesses. How do we focus our resources for creating a habitat for businesses? Strategic Issue #2 The Kent Valley lacks visible cues of the high value of business activity taking 8.A.1 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes July 16, 2019 Kent, Washington Page 4 of 5 place. The visual experience of the Kent Valley can be disorienting, and signals indifference rather than investment in a shared vision. Goal #2: Elevate people’s experience of the Valley by introducing visible cues of dynamic business activity and desirable amenities. Larimer suggested reviewing property restrictions on signage. Strategic Issue #3 The City’s land use policies and regulations fail to encourage market-based opportunities for new economic activity and preclude firm diversity. Goal #3 Encourage more business types, uses, and economic activity to complement the City’s current strengths as a manufacturing and industrial hub. Butsick suggested simplifying code. There is a demand for industrial land in the valley. It’s reasonable for Kent to say we want to work with you to make a better industrial valley - maybe put business uses on property next to warehouse, contribute to low income housing fund to help community. Strategic Issue #4 The physical and built environment presents human safety and connectivity challenges impacting worker well-being and commerce. Goal #4: Invest in a public realm that supports people and their activities Draft Vision: The Kent Valley is recognized as a thriving, economically resilient industrial ecosystem; a center for productive business; and a healthy, desirable place to work. Butsick indicated we need to think about who the vision should be focused on. The Valley is Kent’s employment center and it should be all about the workplace environment. There should be connections to business and connections between the Valley and the rest of the City. Council discussed possible variations to the vision that would include all of Kent. Bill Ellis, Chief Economic Development Officer advised of the plan to update the business community. Ellis is working with partner jurisdictions to create a brand for the valley. 8.A.1 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes July 16, 2019 Kent, Washington Page 5 of 5 Ellis indicated he is speaking to major developers, real estate development and businesses at large. There is broad support on Rally the Valley Subarea Plan. 3. Human Services Master Plan/CDBG Plan Merina Hanson, Parks and Human Services Manager, provided the Council with a brief presentation on the 2020-2024 CDBG Consolidated Plan and Human Services Master Plan. Hanson indicated the CDBG Consolidated Plan process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CDBG program. The Human Services Master Plan provides the blueprint for the City’s General Fund investments in our community over the next four years. The timeline for both plans include data collection & analysis, prioritization and strategies, draft report, approval process and submitting the report. The department is currently prioritizing strategies and moving into a draft report. The department has expended the most energy on community engagement and outreach. Hanson reviewed the completed and pending work on community engagement and outreach. Hanson indicated that Lori Guilfoyle has done the vast majority of community engagement, along with the help of Dinah Wilson. Hanson advised that a consultant will be reaching out to the council to provide individual feedback. Hanson reviewed feedback trends to date, including gaps in services and priorities. Common themes include equity, resilience and well-being (links between culture, arts, social networks, prevention, and well-being), and opportunity fund (consider adding for emerging or innovative programming). Hanson advised she will be back for a lengthy workshop presentation in September. Meeting ended at 6:41 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council City Council Regular Meeting Minutes July 16, 2019 Date: July 16, 2019 Time: 7:04 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 Satwinder Kaur Councilmember Present Dennis Higgins Councilmember Present Les Thomas Councilmember Present Brenda Fincher Councilmember Present Dana Ralph Mayor Present 3. AGENDA APPROVAL A. Approve the agenda as amended. Derek Matheson, Chief Administrative Officer, removed Consent Calendar 8B - Excused Absence for Councilmember Kaur from the agenda. 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 1. Lunar Rover Landmark Presentation Michelle Wilmot, Economic Development Project Manager, provided a brief introduction to the Lunar Roving Vehicles Kent Landmark Application presentation. The City has partnered with the Kent Downtown Partnership to nominate the lunar roving vehicles as historic landmarks. The three lunar rovers remain on the moon. The King County Landmarks Commission will hold a hearing on July 25, 2019 at 5 p.m. in Council Chambers. 8.A.2 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 2 of 10 Sara Martin, an Architectural Historian with SJM Cultural Resource Services produced the Kent Landmark Application. Martin provided a review of the Landmarks Ordinance. The Ordinance allows “Landmark” and “Community Landmark” designations. The Landmarks Commission ultimately determines which designation is appropriate. Martin reviewed the types of eligible resources and the Kent Historic Landmarks. The application includes two narratives and there are five landmark designation criteria, only one needs to be met. Martin advised that the purpose of the Lunar Roving Vehicle was to allow astronauts to travel a greater distance to collect more lunar samples and conduct more scientific experiments. Martin reviewed the specifications of the LRV, Kent News Journal articles regarding the lunar rover, and provided details on the Kent Jaycees fundraising event selling buttons. Martin provided a comparison of Apollo 14 (on foot) and Apollo 17 (with rover) missions. Wilmot spoke regarding the legacy of innovation in the Kent Valley and that Blue Origin is currently the largest employer that is developing the next generation of lunar rovers to go to the moon. Wilmot indicated she is hoping to raise money to bring a lunar rover replica to downtown Kent. 2. Recognition of 47th District Legislators Mayor Ralph expressed appreciation of Representative Debra Entenman and Senator Mona Das for being advocates for the residents of Kent. Mayor Ralph presented Representative Entenman and Das with a photo of the Kent Valley 3. Proclamation for Barney Wilson Day Mayor Ralph read the proclamation for Barney Wilson Day and presented it to Barney's son Shawn. Mayor thanked the Wilson family for sharing Barney with the City. Shawn expressed his and his family’s appreciation of the proclamation. Wilson indicated his dad believed that “If they build it they will come.” Wilson indicated that Barney built it. Barney's vision was to build parks and facilities for families and community members to enjoy. Wilson indicated that Kent Parks was and is the Gold Standard. Wilson indicated his dad’s greatest attribute was that he knew who to hire 8.A.2 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 3 of 10 and always had a great staff. Councilmember Thomas expressed his appreciation for Barney Wilson and reminisced about Barney. 4. Proclamation for Experience Historical Kent Mayor Ralph presented Nancy Simpson with the Proclamation for Experience Historical Kent. Simpson provided details regarding the month-long event that runs from July 20 - August 25. The event is all about the history of Kent. Simpson shared three historical events: 1. The Carnation Company started in Kent on 1st Avenue 2. The Fenwick fishing pole was developed on Lake Fenwick 3. The three lunar rovers were built in Kent 5. Proclamation for National Night Out Mayor Ralph presented the Proclamation for National Night Out to Maureen McCaughan, Community Education Coordinator with the Kent Police Department. McCaughan provided information about National Night Out and invited the public to register their event at KentWA.gov. 6. Appointment to the Kent Bicycle Advisory Board Mayor Ralph recognized the members being reappointed to the Kent Bicycle Advisory Board. 7. Appointments to the Kent Parks and Recreation Commission Mayor Ralph recognized the members being reappointed to the Kent Parks and Recreation Commission. 8. Reappointments to the Kent Cultural Communities Board Mayor Ralph recognized the members being reappointed to the Kent Cultural Communities Board. 9. Recognition of Westview Meadows and Hawkesbury II & III Neighborhood Councils Toni Azzola, Neighborhood Programs Coordinator, provided a review of the Neighborhood program and introduced the members of the Westview Meadows and Hawkesbury II and III Neighborhood Council Councils. B. Community Events Mayor Ralph recognized the Kent Lions Club for hosting "Lunaropia." Council President Boyce provided details regarding upcoming events at the accesso ShoWareCenter. 8.A.2 Packet Pg. 20 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 4 of 10 Councilmember Fincher invited the public to participate in the Neely- Soames Homestead Garden July 20th from 10 a.m. - 3 p.m. Fincher advised the Evergreen stamp show will be at Kent Commons on July 20-21. Fincher advised the CybFest NW Transformers-related event will be at the Kent Commons on July 27th from 11 a.m. - 5 p.m. Councilmember Troutner advised that the list of all Experience Historical Kent Events can be found online at GKHS.org and that all events are free. C. Public Safety Report Chief Rafael Padilla provided the public safety report as follows: Chief Padilla presented Officer Will Davis and Taylor Burns with Lifesaving Metals. On May 4, 2019, Officers Will Davis and Taylor Burs worked together to apply two separate tourniquets to a victim that was slippin g in and out of consciousness. Officer Davis is also being commended for his immediate actions to stop the bleeding which allowed time for medics to arrive and take over lifesaving measures. Chief Padilla provided an update on the Springwood Park and Birch Creek Apartments. On July 2nd the police department provided a preliminary response that included short-term plans. Bike patrols were assigned to the area, a POD camera was placed in the park, the police department reignited extra patrols, and community outreach that included the Neighborhood Response Team meeting with stakeholders and the Community Education Unit. Since that time, longer-term plans include: meeting with the King County Housing Authority to work collaboratively towards solutions; engaging with property managers in the Safeway complex to evaluate physical and video security; and working with the Birch Creek Apartment management to come up with security measures. Parks is implementing a long-term master plan, Public Works is assessing needs, and the Police Department is planning a community meeting to report out a plan to the community, take additional input, keep lines of communication open and establish a block watch program. Chief Padilla advised that the recent shooting intensified t he police department's timeline of efforts, but the police department was already working on issues in this area. 8.A.2 Packet Pg. 21 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 5 of 10 Regarding the investigation, Chief Padilla indicated the detectives have made significant progress in identifying and apprehending criminals involved. Police have identified 7 suspects - 4 of the 7 are in custody. Council President Boyce expressed his appreciation of the work of City staff in addressing the issues surrounding the Springwood Park area. Fourth of July Fireworks Update Chief Padilla indicated this year was a much safer event. There were zero fires and serious injuries related to fireworks. Calls for services were down 12% from last year. Police made 266 contacts, issued 18 tickets and made 2 arrests. Chief indicated his officers really don't like giving tickets on the holiday. They tend to issue warnings. Cornucopia Days and Splash Update Chief Padilla indicated there were no reports of criminal activity, the events were well-run, well-attended, and good family friendly events. Chief Padilla and Mayor Ralph expressed their appreciation of the work of the City's Parks, Public Works, and Police Departments to make these successful events. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Mayor's Report Mayor Ralph expressed her appreciation of the City's Parks Department for their hard work putting on The Splash Event at Lake Meridian Park. Mayor Ralph spoke regarding the reduction in fireworks throughout the City and the enforcement of the City's fireworks ban. Mayor Ralph provided details regarding the recently-opened WIFFCO® Field at Kent Memorial Park. Mayor expressed her appreciation of the Kent Lions Club for hosting Cornucopia days. Mayor Ralph expressed her appreciation of having the honor of crowing Roshni Sabhaya as the 2019 Miss Cornucopia. Mayor Ralph advised that she met with the Executive Director and leadership team of the King County Housing Authority regarding improving the safety in and around the Birch Creek Apartments. Mayor Ralph advised she met with the Dan Satterberg, the King County Prosecutor regarding holding criminals accountable. Satterberg committed to an open line of communication. 8.A.2 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 6 of 10 B. Chief Administrative Officer's Report Derek Matheson, Chief Administrative Officer, advised that there will not be a City Council Workshop on August 6th (National Night Out), and the City Council meeting will be held at 5 p.m. Matheson advised his report is in today's agenda packet and there is no executive session. C. Councilmember's Reports Boyce provided details regarding the three workshop presentations tonight on RapidRide I, Rally the Valley, and the Human Services Master Plan and CDBG Plan. Councilmember Larimer serves on the Sound Cities Association Advisory Council on Aging and Disability Services. The Council heard a presentation from the President of the National Asian Pacific Center on Aging in the workplace and preventing age discrimination from employment. A preview of the 2020-2023 Area Action Plan that guides programming and activities in King County for residents over 60. This Plan is a requirement of the Older American's Act. A preview of the Plan will be presented on August 4th at 10 a.m. at the SHAG Tukwila Village. Councilmember Kaur serves as the Chair of the Sound Cities Association Puget Sound Clean Air Agency Advisory Council. The Council recently heard a presentation on proposed clean fuel standard rule making. The Council is working on making rules on how to legislate for clean fuel standards and are using California as a model for clean fuel. The goal is to reduce carbon intensity by 2030. Councilmember Higgins serves as the Chair of the City's Public Works Committee and the details can be found in the meeting minutes on KentWA.gov. Councilmember Fincher advised of the Wednesday picnic performances at Town Square Plaza from 11 a.m. - noon, Family Night at Kent Station on Wednesday from 6 - 8 p.m. Fincher advised there are music performances on Thursdays at Lake Meridian Park at 7 p.m. and lifeguards are on duty from noon - 7 p.m. Fincher advised there are two Saturday Farmer's Markets - Downtown Kent and at Morrill Meadows Park. Fincher advised of the Wiffco® Field opening along with the new play equipment at Kent Memorial Park. 8.A.2 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 7 of 10 Fincher, Higgins, and Troutner spoke to the King County Flood Control Zone District Board of Supervisors to encourage their support for the levy work. Councilmember Thomas chairs the City's Operations Committee and indicated the meeting details can be found in the minutes at KentWA.gov. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board that meets on July 17th at 5:30 p.m. at Station 78 in Covington. 6. PUBLIC HEARING None 7. PUBLIC COMMENT Steven Thomas, Regional Manager for the King County Library System and Jose Garcia, Library Services Manager for the Panther Lake and Woodmont locations spoke regarding how pleased they are with the use of the new Panther Lake Library. The library has been open for 4 months. The initial response has been positive. Students are using the space to study, adult programs are working well and the children's programs are being utilized. Their big priority was to create a safe and welcoming environment for everyone. To make residents feel welcome and connect them to community services. Kent is one of the highest refugee resettlement cities in the state. The King county hired two contractors to facilitate a Welcoming Centering. Mayor Ralph expressed her appreciation for their commitment to Kent. 8. CONSENT CALENDAR 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 - Jul 2, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jul 2, 2019 7:00 PM 8.A.2 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 8 of 10 B. Excused Absence for Councilmember Kaur - Approve MOTION: Approve an Excused Absence for Councilmember Kaur for the City Council meeting of July 16, 2019. C. Resolution Recognizing the Westview Meadows Neighborhood Council - Adopt MOTION: Adopt Resolution No.1987, recognizing the Westview Meadows Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. D. Resolution Recognizing the Hawkesbury II & III Neighborhood Council - Adopt MOTION: Adopt Resolution No.1988, recognizing the Hawkesbury II & III Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. E. Appointments to the Kent Bicycle Advisory Board - Confirm MOTION: Confirm the appointments of Julie Dunn, Ales Koubik, and Daren Osborn to fill three vacant positions on the Kent Bicycle Advisory Board for additional two-year terms that will expire on March 31, 2021. F. Appointments to the Kent Parks and Recreation Commission - Confirm MOTION: Confirm appointment of Bonnie Williams and Riham Hashi to fill two vacant positions, and Jeremy Jasman to fill one alternate vacant position on the Kent Parks and Recreation Commission, each to serve a three-year term. G. Reappointments to the Kent Cultural Communities Board - Confirm MOTION: Confirm the reappointment of 15 members to the Kent Cultural Communities Board for one-year terms that will expire on July 31, 2020. H. South 212th Street – Puget Sound Regional Council Grant - Authorize MOTION: Authorize the Mayor to sign agreements with the Washington State Department of Transportation to obligate $1.4 million of federal grant funds for expenditure on the South 212th Street Overlay East Valley Highway to 72nd Avenue South project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. 8.A.2 Packet Pg. 25 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 9 of 10 I. South 224th Street Phase II 2019-2021 House and Senate Transportation Budget Grant - Authorize MOTION: Authorize the Mayor to accept and sign agreements with the Washington State Department of Transportation to obligate $1.5 million of state capital funds for expenditure on the South 224th Street Phase II Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Resolution Approving the King County 2019 Comprehensive Solid Waste Management Plan - Adopt MOTION: Adopt Resolution No. 1989, approving the 2019 Comprehensive Solid Waste Management Plan. K. Reappointment of Lew Sellers to the Public Facilities District Board - Confirm MOTION: Confirm the reappointment of Lew Sellers to Position Number 5 of the Public Facilities District Board, for a 4-year term that will expire on August 31, 2023. L. Ordinance Adopting the Shoreline Master Program Update - Adopt MOTION: Adopt Ordinance No. 4328, adopting the Shoreline Master Program Update. M. Ordinance Adopting Housekeeping Code Amendments - Adopt MOTION: Adopt Ordinance No. 4329, adopting 2018 Housekeeping Code Amendments as recommended by the Land Use and Planning Board. N. Economic Development Partnership Agreement with The Port of Seattle - Authorize MOTION: Authorize the Mayor to accept the Port of Seattle’s Economic Development Partnership Program Grant in the amount of $65,000,amend the budget, authorize expenditures of the grant funds and any matching funds accordingly, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. O. Multi-Jurisdictional Drug-Gang Task Force Program Grant - Authorize 8.A.2 Packet Pg. 26 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes July 16, 2019 Kent, Washington Page 10 of 10 MOTION: Authorize the Mayor to accept the Multi-Jurisdictional Drug-Gang Task Force Program Grant in the amount of $114,927, amend the budget, authorize expenditure of the grant funds and any matching funds accordingly, and authorize the Mayor to sign all necessary documents and ratify all acts consistent with the Grant Agreement, subject to the final terms and conditions acceptable to the Police Chief and City Attorney. 9. OTHER BUSINESS None 10. BIDS A. Downey Farmstead Restoration Phase 2b Excavation Project Bid - Award Chad Bieren presented details on the Downey Farmstead Restoration Phase 2b Excavation Project Bid. MOTION: Award the Downey Farmstead Restoration Phase 2b - Excavation Project to Olson Brothers Excavating, Inc. in the amount of $453,119.15 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: AWARD [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 Meeting ended at 9:00 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 27 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u l 1 6 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) DATE: August 6, 2019 TO: Kent City Council SUBJECT: Payment of Bills - Approve MOTION: Approve the payment of bills received through 6/30/19 and paid on 6/15/19 and 6/30/19, and approve the checks issued for payroll 6/1/19-6/15/19 paid on 6/20/19, and 6/16/19-6/30/19 paid on 7/5/19, after auditing by the Operations Committee on 7/2/19 and 7/16/19. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Payment of Bills Through June 15, 2019 (PDF) 2. Payment of Bills Through June 30, 2019 (PDF) 8.B Packet Pg. 28 *Approval of payment of the bills received through-----06/15/19 and paid 06/15/19 Approval of checks issued for Vouchers: Date Amount 06/15/19 Wire Transfers 7930 7946 $2,321,727.12 06/15/19 Regular Checks 735824 736201 $1,612,152.64 06/15/19 Payment Plus 101420 101433 $83,506.25 Void Checks $0.00 06/15/19 Use Tax Payable $4,872.34 $4,022,258.35 Approval of checks issued for Payroll:6/1/19-6/15/19 and paid 6/20/2019 Date Amount 6/20/2019 Checks 0 Voids and Reissues 6/20/2019 Advices 431402 432268 $1,864,067.99 $1,864,067.99 Document Numbers Document Numbers CPittman 7/31/20199:36 AM CLK071719.xls 8.B.a Packet Pg. 29 At t a c h m e n t : P a y m e n t o f B i l l s T h r o u g h J u n e 1 5 , 2 0 1 9 ( 1 9 0 1 : P a y m e n t o f B i l l s - A p p r o v e ) *Approval of payment of the bills received through-----06/30/19 and paid 06/30/19 Approval of checks issued for Vouchers: Date Amount 06/30/19 Wire Transfers 7947 7963 $2,153,724.46 06/30/19 Regular Checks 736202 736721 $6,178,995.70 06/30/19 Payment Plus 101434 101452 $71,460.79 Void Checks ($1,330.00) 06/30/19 Use Tax Payable $22,216.19 $8,425,067.14 Approval of checks issued for Payroll:6/16/19-6/30/19 and paid 7/5/2019 Date Amount 7/5/2019 Checks 0 Voids and Reissues 7/5/2019 Advices 432269 433129 $1,846,481.20 $1,846,481.20 Document Numbers Document Numbers CPittman 7/31/20199:37 AM CLK071719(2).xls 8.B.b Packet Pg. 30 At t a c h m e n t : P a y m e n t o f B i l l s T h r o u g h J u n e 3 0 , 2 0 1 9 ( 1 9 0 1 : P a y m e n t o f B i l l s - A p p r o v e ) DATE: August 6, 2019 TO: Kent City Council SUBJECT: Excused Absence for Councilmember Kaur - Approve MOTION: Approve an Excused Absence for Councilmember Kaur for the City Council meeting of August 6, 2019. SUMMARY: Councilmember Kaur is unable to attend the City Council meeting of August 6, 2019 and has requested an excused absence. 8.C Packet Pg. 31 DATE: August 6, 2019 TO: Kent City Council SUBJECT: Excused Absence for Councilmember Troutner - Approve MOTION: Approve an Excused Absence for Councilmember Troutner for the City Council meeting of August 6, 2019. SUMMARY: Councilmember Troutner is unable to attend the City Council meeting of August 6, 2019 and has requested an excused absence. 8.D Packet Pg. 32 DATE: August 6, 2019 TO: Kent City Council SUBJECT: Excused Absence for Councilmember Higgins - Approve MOTION: Approve an Excused Absence for Councilmember Higgins for the City Council meeting of August 6, 2019. SUMMARY: Councilmember Higgins is unable to attend the City Council meeting of August 6, 2019 and has requested an excused absence. 8.E Packet Pg. 33 DATE: August 6, 2019 TO: Kent City Council SUBJECT: Set September 3, 2019 as the Date for the Public Hearing for the “Lannoye” Property Surplus and Restrictive Covenant Removal - Authorize MOTION: Set September 3, 2019 as the date for the public hearing to accept public comment and determine whether to surplus and transfer the “Lannoye Property” from the City’s drainage utility fund to the Parks department upon the utility’s receipt of fair market value in exchange; recommend removal of any use restriction Council may have imposed on the Lannoye Property at the time it was originally acquired; and direct the City Clerk to give notice of the public hearing as required by RCW 35.94.040 and RCW 35A.21.410. SUMMARY: Before property acquired for utility purposes can be sold, state law (RCW 35.94.040) requires that a public hearing first occur and that the surplus be authorized through a resolution adopted by Council. City staff recommends that property owned by the drainage utility and commonly referred to as the “Lannoye Property” be declared surplus and transferred to the Parks Department for use as replacement property to support conversion responsibilities triggered by the cooperative YMCA and Morrill Meadows Park development project. In exchange, the drainage utility will receive $978,000 from the Parks Department, which is the fair market value of the Lannoye Property as determined by an appraisal. The “Lannoye Property” consists of approximately 2.28 acres of land commonly known by King County Tax Parcel Nos. 2122059122, 2122059177, and 2122059099, and located on the East Hill of Kent. At the time Council originally authorized the purchase of the Lannoye Property in 2010, its authorizing motion indicated the property was “to be used as a detention pond site for the East Hill Operation Center.” To the extent this motion placed any restriction on how the Lannoye Property could be used by the City, a public hearing is required by state law (RCW 35A.21.410) before a change in that restricted use can be authorized. The public hearing is to: (1) consider the potential surplus and transfer of the Lannoye Property to the Parks Department, upon the receipt of fair market value, and (2) consider whether to remove any use restriction that Council may have previously established that limited the Property’s use to drainage purposes. At the public hearing, staff will make a presentation of the details of the surplus, property 8.F Packet Pg. 34 transfer, and use restriction, and the public will be afforded an opportunity to comment. At the close of the hearing, if the Council supports the surplus, property transfer, and removal of restrictive covenants, it may adopt a resolution directing staff and the Mayor to proceed accordingly. BUDGET IMPACT: The Public Works’ drainage utility account will be compensated for the fair market value by Parks, which was determined by a qualified appraiser and confirmed by a review appraiser to be $978,000. Parks intends to pay for the property with grant funds and City funds. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services 8.F Packet Pg. 35 DATE: August 6, 2019 TO: Kent City Council SUBJECT: Set September 3, 2019 as the Date for the Public Hearing to Consider the Surplus and Transfer of the Kronisch Property from the Parks Department to the Public Works Department – Authorize MOTION: Set September 3, 2019 as the date for the public hearing to accept public comment and determine whether to surplus the Kronisch Property from the Parks Department and authorize its transfer to the Public Works Department for water utility purposes, and direct the City Clerk to give notice of the public hearing as required by KCC 3.12.050. SUMMARY: At the July 2nd Kent City Council Workshop, Public Works proposed construction of a new water reservoir on the West Hill of Kent at an undeveloped City park property referred to as the “Kronisch Property,” located at Military Road and South 248th Street. This water reservoir is needed to address a water storage and fire flow deficiency on the West Hill of the City’s water service area. The reservoir will ensure that residents and businesses have adequate water supply during peak demand and provide the necessary fire flow storage for fighting fires. The additional water storage will also enable future development and redevelopment on the West Hill. This project is identified as a capital project in the City's Water System Plan and will result in additional projects, including construction of a new pump station and water transmission main. The pump station will be constructed near Veteran's Drive east of the Green River, and the new water transmission main will connect the pump station to the new water reservoir via Veteran's Drive and Military Road. The undeveloped City-owned Kronisch Property was selected due to its location at the highest feasible elevation to provide adequate water pressure to the largest feasible service area. The Kronisch Property is currently comprised of trees and grass and does not contain any park developments or recreation facilities. The proposed water tank will fill the undeveloped open space. The existing sidewalk which traverses the southern portion of the site will remain to provide pedestrian connectivity through the site to the adjacent streets and the nearby elementary school. 8.G Packet Pg. 36 On July 5th, 2019 City staff’s request for a Conditional Use Permit (CUP) for the construction of the water reservoir on the Kronisch Property was granted by the City’s Hearing Examiner. As part of the CUP process an open record hearing was held on June 19th, 2019 where City staff and the public were invited to testify. There were three parties who submitted comments to the hearing examiner, two against the CUP, and one in favor. After considering the comments made, the hearing examiner granted the CUP. Before real property owned by the City can be declared surplus and sold, the Kent City Code provides for a public process. While it is unclear whether an internal reallocation of assets or a transfer of property between City departments triggers that process, City staff recommends the process be followed, which includes targeted mailings to area homes, publication of the hearing date and time, and posting of the site with notice of the hearing. The Public Works committee will consider this item at its August 5, 2019 meeting, and this item will also be presented to the Parks Committee at its August 15, 2019, meeting. SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City 8.G Packet Pg. 37 DATE: August 6, 2019 TO: Kent City Council SUBJECT: 2019 First and Second Quarter Fee-in-Lieu Funds – Authorize MOTION: Authorize the Mayor to accept $33,300 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Wilson Playfields and Chestnut Ridge Park. SUMMARY: Between January 1 and June 30, 2019 the City of Kent received a total of $33,300.00 from the following developers, who voluntarily pa id fees in lieu of dedicating park land, to mitigate the development of homes in local subdivision. These funds will be held in a reserve account for capital improvements at Wilson Playfields and Chestnut Ridge Park, and must be expended within five years. • Ferit Atesoglu: subdivision into 3 lots at the 24000 block of 132nd Avenue SE; $12,300.00 at Wilson Playfields • Active Construction: subdivision into 2 lots at the 26100 block of 132nd Avenue SE; $75.00 at Wilson Playfields • Sockeyes: subdivision into 6 lots at the 20400 block of 132nd Avenue SE; $13,425.00 at Chestnut Ridge Park • Harjeet Sandhu: subdivision into 3 lots at 9300 block of South 200th Street; $7,500.00 at Chestnut Ridge Park BUDGET IMPACT: Revenue and expense impact of $33,300.00 to the Community Park Reinvestment Program budget. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. Budget Adjustment Ordinance (PDF) 8.H Packet Pg. 38 07/18/19 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 8/6/2019 5:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Brenda Fincher, Marli Larimer ABSENT: Satwinder Kaur 8.H Packet Pg. 39 R55GA014 7/1/2019 9:17:23Search GL by Account Number Page:16/30/20191/1/2019 -GL Dates: Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number 1876033/28/2019 P479004 P20006.56730 (12,300.00)19106095 989211 Ferit AtesogluJK AA 1881014/26/2019 P482418 P20006.56730 (75.00)19-10673 997321 Active Construction IncJK AA 1882455/3/2019 P483132 P20006.56730 (13,425.00)19-10686 998495 Sockeye5JK AA 1885335/20/2019 P485023 P20006.56730 (7,500.00)19107142 1006725 Sandhu, HarjeetJK AA (33,300.00)Account Total (33,300.00)Report Total 8.H.a Packet Pg. 40 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 8 9 3 : 2 0 1 9 F i r s t a n d S e c o n d Q u a r t e r F e e - i n - L i e u F u n d s – DATE: August 6, 2019 TO: Kent City Council SUBJECT: Recreation Conservation Office Grant Agreement for the Service Club Ballfields – Authorize MOTION: Authorize the Mayor to sign a Grant Agreement with Washington Recreation and Conservation Office in the amount of $95,500, for field drainage improvements at Service Club Ballfields, subject to final terms and conditions as the Parks Director and City Attorney may determine are acceptable upon issuance of the agreement by the state. SUMMARY: On August 21, 2018, City Council adopted Resolution No. 1973, which authorized staff to apply to the Recreation and Conservation Office’s Youth Athletic Facilities program for state grant assistance to help finance the cost of installing field drainage systems under three fields at Service Club Ballfields Park. Parks Planning & Development staff applied to the RCO, which awarded the City Grant #18-1527 conditioned upon a city match. The projected total cost is $191,000. Of this amount, $95,500 will be funded by this RCO grant, with the remainder of $95,500 paid from the Service Club Ballfields Trail and Drainage capital budget account. Similar drainage improvements installed on one of the four fields in 2017 resulted in more frequent use and a longer season of play. These funds will help pay for installation at the remaining three fields, improving play conditions by reducing oversaturation. While RCO has awarded the grant to the City, RCO has not yet provided the City with the contract it will require the City sign in order to receive the grant funds. Given tight timing issues as to when the work needs to begin, it was necessary to move this item through the Council approval process before the contract form was received. If the contract is received before the Committee meeting, it will be provided to Committee members at the Parks Committee’s meeting. If the contract form is received after the Committee meeting, it will be included in the Council packet for Council’s review prior to Council taking final action. BUDGET IMPACT: Revenue and Expense impact to the Service Club Ballfields Trail and Drainage budget 8.I Packet Pg. 41 SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services ATTACHMENTS: 1. RCO Project Agreement (PDF) 2. Resolution 1973 (PDF) 07/18/19 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 8/6/2019 5:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Brenda Fincher, Committee Chair AYES: Brenda Fincher, Marli Larimer ABSENT: Satwinder Kaur 8.I Packet Pg. 42 .>WASHINGfON 'TATERecreation and Conservation Office Project Sponsor: City of Kent Project Title: Service Club Park Drainage RCO Project Agreement Project Number: 18-1527D Approval Date: 06127 120 1 I PARTIES OF THE AGREEMENT This Recreation and Conservation Office Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917 , Olympia, Washington 98504-0917 and City of Kent (Sponsor, and primary Sponsor), 220 Fourth Ave S, Kent, WA 98032-5895, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this project agreement on behalf of the Sponso(s) (including indemnification and waiver of sovereign immunity, if applicable, as provided therein), (3) enter any amendments thereto on behalf of the Sponsors, and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all sponsors, unless otherwise allowed in Amendments and Agreement Section. lf a Sponsor wishes to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization, the Sponsor has the obligation to provide to RCO in writing a new Applicant Resolution/Authorization signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, RCO will be entitled to rely upon the fact that the current Authorized Representative/Agent has the authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Kent will use this grant to add supplemental drainage to three baseball/softball grass outfields at Service Club Park. This project will reduce oversaturated outfield conditions thereby reducing number of rainouts and cancellations. The primary recreation opportunity provided by this project is little league and fast pitch as well as adult recreational league baseball/softball play. PERIOD OF PERFORMANCE The period of performance begins on July 1,2019 (project start date) and ends on April 30, 2020 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The Sponsor must request extensions of the period of performance at least 60 days before the project end date. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this development and renovation project, the sponsor's on-going obligations shall be for 20 years from the date of final reimbursement from RCO or the date RCO accepts the prolect as complete per the Project Agreement, whichever is later and shall survive the completion/termination of this Project Agreement unless othenivise identified in the Agreement or as approved by the funding board. RCO: 18-1527 Revision Date: 1 I 1 12O19 Page 1 of '19 8.I.a Packet Pg. 43 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) PROJECT FUNDING The total grant award provided for this project shall not exceed $95,500.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total pro.lect costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: Percentage Dollar Amount Source of Funding RCFB-YAF-Large 50.00%$95,500.00 State $95,500.00 $191,000.00 Project Sponsor 50.00% Total Project Cost RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unintended error or omission. This "Agreement" as used here and elsewhere in this document, unless otheruvise specifically stated, has the meaning setforth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of this Agreement will be effective unless provided in writing signed by all parties. Extensions of the period of performance and minor scope adjustments consented to in writing (including email) by the Sponsor need only be signed by RCO's director or designee, unless otherwise provided for in another agreement a Sponsor has with the RCO. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so, and such signature shall be binding on the Sponsor if the representative/agent signing has been authorized to do so by Applicant Resolution/Authorization provided to the RCO and such Applicant Resolution/Authorization has not been withdrawn by the governing body in a subsequent resolution. Any amendment to this Agreement, unless otherwise expressly stated, shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, and any applicable federal program and accounting rules effective as of the date of this Agreement, and with respect to any amendments to this Agreement, as of the effective date of that amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. For the purpose of this Agreement, WAC Title 286, RCFB policies, and shall apply as terms of this Agreement. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement:r Development Projects - Manual 4 . Long Term Obligations - Manual 7 . Reimbursements - Manual 8 . Youth Athletic Facilities - Manual 17 SPECIAL CONDITIONS #1 : Cultural Resources Compliance (Monitoring Required) This agreement requires compliance with Executive Order 05-05 and/or Section 106 of the National Historic Preservation Act. RCO has completed the initial consultation for this project and archaeological monitoring of ground disturbing activities is required to assess subsurface conditions. The Sponsor must submit to RCO the results of the monitoring. All cultural 100.00% RCO: 18-1527 Revision Dale: 1 I I 12019 Page 2 of ',l9 8.I.a Packet Pg. 44 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. ln the event that archaeological or historic materials are discovered while conducting ground disturbing activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to the mail address or the email address listed below if not both: These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change Decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or othenrise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE This Agreement, for project 18-1527, shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until the date signed by both the sponsor and the RCO, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement ANd the STANDARD TERMS AND CONDITIONS OF THE RECREATION AND CONSERVATION OFFICE AGREEMENT. The signators listed below represent and warrant their authority to bind the parties to this Agreement. Sponsor Proiect Contact Bryan Higgins Parks Capital Project Manager Parks and Recreation 220 4th AVE S Kent, WA 98032 bhiggins@kentwa.gov RCO Contact DeAnn Beck Natural Resources Building PO Box40917 Olympia, WA 98504-0917 deanna.beck@rco.wa.gov Date: Gity of Kent By: Name (printed): Title: By B*{tu State of Washington Recreation and Conservation Office On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) By Date: Kaleen Cottingham Director Recreation and Conservation Office Pre-approved as to form Date: RCO: 18-1527 Assistant Attorney General Revision Dale: 1 11/2019 01t01t2019 Page 3 of '19 8.I.a Packet Pg. 45 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) WA5HIN6TOq 'lATERecreation and Conservation Office Project Sponsor: City of Kent Project Title: Service Club Park Drainage 3 RCO Project Agreement Project Number: 18-1527 D Approval Datei 06127 12019 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Project Metrics Sites lmproved Project acres renovated Development Metrics Worksite #1, Service Club Park General Site lmprovements Landscaping improvements Acres of landscaped area : Select the landscape features: Site Preparation General site preparation Cultural Resources Cultural resources Permits Obtain permits Architectural & Engineering Architectural & Engineering (A&E) 3.00 3.00 Drainage RCO: 18-1527 Revision Date: I I I 12019 Page 4 of '19 8.I.a Packet Pg. 46 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) wa5!TNGTOS 5TA1€ Recreation and Conservation Office Project Sponsor: City of Kent Project Title: Service Club Park Drainage A RCO Project Agreement Project Number: 18-1527D Approval Date: 06127 120 1 9 Project Milestones PROJECT MILESTONE REPORT Complete Milestone Target Date Comments/Description X X X X X X Bid Awarded/Contractor Hired Applied for Permits Project Start Design lnitiated 60% Plans to RCO All Bid Docs/Plans to RCO Construction Started 50% Construction Complete Progress Report Due RCO lnterim lnspection 90% Construction Complete RCO Final lnspection Funding Acknowl Sign Posted Cultural Resources Complete Construction Complete Final Billing Due Final Report Due Agreement End Date o3t19t2019 04to8t2019 07101t2019 07110t2019 07t10t2019 07110t2019 Grade and fill permit RCO reviewed drainage evaluation report prepared 1016116 which outlined the drainage replacement plan. Monitoring required, see special condition #1 o9t01t2019 10t01t2019 10t01t2019 10115t2019 01t31t2020 03t10t2020 03t31t2020 o3t31t2020 o3t31t2020 04t10t2020 04115t2020 0413012020 RCO: 18-1527 Revision Date: 1 I I 12019 Page 5 of 19 8.I.a Packet Pg. 47 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) WASIITNGTON STATE Recreation and Conservation Office Project Sponsor: City of Kent Project Title: Service Club Park Drainage A RGO Project Agreement Project Number: 18-1527 D Approval Dalei 06127 12019 Standard Terms and Conditions of the Recreation and Conseruation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE CITATIONS, HEADINGS AND DEFINITIONS ............ PERFORMANCE BY THE SPONSOR.... ASSrGNMENT................... RESPONSIBILIry FOR PROJECT..... tNDEMNlFlCAT|ON............. INDEPENDENT CAPACITY OF THE SPONSOR.... coNFLrcT oF lNTEREST........ .......... COMPLIANCE WITH APPLICABLE LAW... RECORDS.... PROJECT FUNDING PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS.......... LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS ................ CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR BREACH SEVERABILIry END OF AGREEMENT.. ..9 ..9 ..9 10 10 10 11 12 12 13 13 13 14 14 14 14 14 14 15 '15 16 16 17 17 17 17 17 18 18 19 '19 19 RCO: 18-1527 Revision Date: 111 12Q19 Page 6 of 19 8.I.a Packet Pg. 48 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This agreement reflects Standard Terms and Conditions as of Q710212019. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below Agreement or project agreement - The document entitled "Recreation and Conservation Office Agreement" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the Recreation and Conservation Office Agreement, all attachments, addendums, and amendments, and any intergovernmental agreements or other documents that are incorporated into the Agreement subject to any limitations on their effect applicable manual(s) -- A manual designated in this Agreement to apply as terms of this Agreement, subject to substitution of the "RCO director, for instances where the term "board" occurs. applicable WAC(s) - Designated chapters or provisions of the Washington Administrative Code that are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director'' for instances where the term "board" occurs. applicant - Any party that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds administered by RCO. application - The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent - A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. - Code of Federal Regulations contractor - An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. conversion - A conversion occurs 1) when facilities acquired, developed, renovated or restored within the project area are changed to a use other than that for which funds were approved, without obtaining prior written formal RCO or board approval, 2) when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. development project - A prqect that results in the construction of, or work resulting in, new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. director - The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date - The date when the signatures of all parties to this agreement are present in the agreement. equipment - Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. S 200.33 (2013)). funding board or board - The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity - the entity that approves the project that is the subject to this Agreement. RCO: 18-1527 Revision Dale: 111 12019 Page 7 of 19 8.I.a Packet Pg. 49 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) grant program - The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. long-term compliance period - The period of time after the project end date or end of the period of performance (depending on the project types and grant program). During this period, the Sponsor has continuing obligations under the Agreement. This period may have a nonspecific end date (in perpetuity) or an expressly specified number of years. long-term obligations - Sponsor's obligations after the project end date, as specified in the Agreement and applicable regulations and policies. landowner agreement - An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share - The portion of the total project cost provided by the Sponsor. milestone - An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of protect accomplishment. Office - Means the Recreation and Conservation Office or RCO. pass-through entity - A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. S 200.74 (2013)). lf this Agreement is a federal subaward, RCO is the pass-through entity. period of performance - The period beginning on the prolect start date and ending on the project end date. pre-agreement cost - A pro1ect cost incurred before the period of performance. primary Sponsor - The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. This administration includes but is not limited to acting as the fiscal agent for the grant (e.9. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project - An undertaking that is, or may be, funded in whole or in part with funds administered by RCO. project area - A geographic area that delineates a grant assisted site which is subject to project agreement requirements. project cost - The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. S 200.83 (2013) for federaly funded projects). project end date - The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date - The specific date identified in the Agreement on which the period of performance starts. RCO - Recreation and Conservation Office - The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. reimbursement - RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project - A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. RCFB - Recreation and Conservation Funding Board RCW - Revised Code of Washington secondary Sponsor - One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor - A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent - A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This RCO: 18-1527 Revision Date'. 1 I 1 l2O1 9 Page 8 of 19 8.I.a Packet Pg. 50 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) person has the signature authority to bind the Sponsor to this Agreement, grant, and project. subaward - Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. lt does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. S 200.92 (2013). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. S 200.330 (2013)). lf this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient - Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. S 200.93 (2013)). lf this Agreement is a federal subaward, the Sponsor is the subrecipient. useful service life - Period during which an asset or property is expected to be useable for the purpose it was acquired, developed, renovated, and/or restored per this Agreement. WAC - Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO. All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the pQect and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written consent of the RCO. RESPONSIBILITY FOR PROJECT While RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement . The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is Sponsored by more than one entity, any and all Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations unless othenrise stated in this Agreement. The RCO has no responsibility for reviewing, approving, overseeing or supervising design or construction of the pro,lect and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. ln this respect, the RCO will act only to confirm at a general, lay, and nontechnical level, solely for the purpose of compliance and payment and not for safety or suitability, that the project has apparently been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitatlon all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its employees and agents for whom it is vicariously liable, the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or the negligence of the Sponsor's agents, employees, RCO: '18-1527 Revision Date: I 11 12019 Page 9 of 19 8.I.a Packet Pg. 51 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. This provision shall be included in any agreement between Sponsor and any contractors, subcontractor and vendor, of any tier. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entiiies of state government. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. ln the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW ln implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. ln the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsorshall insertthe following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds: No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or RCO; 18-1527 Revision Date: 111 12Q19 Page 10 of 19 8.I.a Packet Pg. 52 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and lndustries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and lndustries . Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). lf allowed by state and federal law and rules, participants in conservation corps programs offered by a nonprofit organization affiliated with a national service organization established underthe authority of the national and community service trust act of '1993, P.L. 103-82, are exempt from provisions related to rates of compensation while performing environmental and trail maintenance work provided: (1) The nonprofit organization must be registered as a nonprofit corporation pursuant to RCW 24.03, (2) The nonprofit organization's management and administrative headquarters must be located in Washington; (3) Participants in the program must spend at least fifteen percent of their time in the program on education and training activities; and (4) Participants in the program must receive a stipend or living allowance as authorized by federal or state law. Participants are exempt from provisions related to rates of compensation only for environmental and trail maintenance work conducted pursuant to the conservation corps program. D. Archaeological and Cultural Resources. RCO facilitates the review of applicable projects for potential impacts to archaeological sites and state cultural resources. The Sponsor must assist RCO in compliance with Governor's Executive Order 05-05 or the National Historic Preservation Act before and after initiating ground-disturbing activity or construction, repair, installation, rehabilitation, renovation, or maintenance work on lands, natural resources, or structures. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. lf a federal agency declines to consult, the Sponsor shall comply with the requirements of Executive Order 05-05. ln the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. lf human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. E. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. F. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and lndustries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and lndustries' "Debarred Contractor List." RECORDS A. Digital Records. lf requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance. The Sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. 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. C. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law. reoulation or aoreement. This includes access to all information that su pports the costs submitted for pavment RCO: 18-1527 Revision Dale 1 11 12019 Page 11 of 19 8.I.a Packet Pg. 53 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) underthe grantand all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsorwere subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement . C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. ln addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 andlor 420-12, which ever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may only request reimbursement after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of prolect funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Retainage Held Until Project Gomplete. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the project has been completed. A project is considered "complete" when: L All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place (if applicable); 3. A final prolect report is submitted to and accepted by RCO; 4. Any other required documents and media are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; RCO: 18-1527 Revision Date: 1 I I 12019 Page 12 of 19 8.I.a Packet Pg. 54 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; 8. Fiscal transactions are complete, and 9. RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the future. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. ln the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Overpayment Payments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. lnterest shall accrue at the rate of twelve percent (12o/o) per annum from the time that payment becomes due and owing. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. rNcoME (AND FEES) AND USE OF INCOME See WAC 286-1 3-'1 10 for additional requirements for projects funded from the RCFB A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of lncome. Subject to any limitations contained in applicable state or federal law and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: L The Sponsor's matching resources; 2. The project's total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5. Capital expenses for similar acquisition and/or development and renovation; and/or 6. Other purposes explicitly approved by RCO. C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: 1. Grant program laws, rules, and applicable manuals; 2. Value of any service(s) furnished, 3. Value of any opportunities furnished; and 4. Prevailing range of public fees in the state for the activity involved. RCO: 18-'1527 Revision Date: 1 l1 12019 Page 13 of 19 8.I.a Packet Pg. 55 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) PROCUREMENT REQUIREMENTS A. Procurement Requirements. lf the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. lf no such process exists the Sponsor must follow these minimum procedures: I . Publish a notice to the public requesting bids/proposals for the project; 2. Specify in the notice the date for submittal of bids/proposals; 3. Specify in the notice the general procedure and criteria for selection; and 4. Sponsor must contract or hire from within its bid pool. lf bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5. Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights forthe beneflt of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement , unless othenruise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, 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, long-term obligations, compliance, and/or quality assurance under this Agreement. lf a landowner agreement or other form of control and tenure has been executed, it will further stipulate and define the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO, provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. lt is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. ACKNOWLEDGMENT AND SIGNS A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. RCO: 18-1527 Revision Date: I I 1 12019 Page 14 of 19 8.I.a Packet Pg. 56 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) B. Signs. L During the period of performance through the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations on the project area that acknowledge the applicable grant program's funding contribution, unless waived by the director; and 2. During the period of long-term obligation, the Sponsor shall post openly visible signs or other appropriate media at entrances and other locations to notify the public of the availability of the site for reasonable public access. C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in force: A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement Entity and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. lt is the Sponsor's sole responsibility to ensure the same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if the RCO guidance would not meet such requirements. 1. Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure (such as landowner agreement, long-term lease, easement, or fee simple ownership) for the land proposed for construction. The documentation must meet current RCO requirements identified in this Agreement and any applicable manual as of the effective date of this Agreement and determines the long-term compliance period unless othenrvise provided in any applicable manual, RCW, WAC, or as approved by the RCO. D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "lntegrated Streambank Protection Guidelines", 2002, "Land Use Planning for Salmon, Steelhead and Trout A land use planner's guide to salmonid habitat protection and recovery", 2009', "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2O12,"\Nater Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington lnvasive Species Council (WISC) described in "Reducing Accidental lntroductions of lnvasive Species" which is available on the WSC Web site. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS A. Long-Term Obligations. Sponsor shall comply with the terms of this Agreement. B. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless othenruise allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. RCO requires that the project area continue to function as intended after the period of performance in perpetuity. C. Conversion. The Sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, renovated, and/ or restored pursuant to this Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to, putting such property to uses other than those purposes for which funds were approved or transferring such property to another entity without prior approval via a written amendment to the Agreement. All real property or facilities acquired, developed, renovated, and/or restored with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless othenvise expressly provided in the Agreement or applicable policy or unless a transfer or change in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is RCO: 18-1527 Revision Date: 1 l1l2o19 Page 15 of 19 8.I.a Packet Pg. 57 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) subject to operation and or maintenance obligations, the failure to comply with such obligations, without cure after a reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred shall be based upon the terms of this Agreement, including without limitation all WACs and manuals deemed applicable and all applicable laws. For acquisition projects that are expressly term limited in the Agreement, such as one involving a lease or a term- limited restoration, renovation or development project or easement, the restriction on conversion shall apply only for the length of the term, unless otheruise provided by this Agreement, any applicable manual or WAC, or any applicable state or federal law. When a conversion has been determined to have occurred, the Sponsor is required to remedy the conversion per this Agreement and the applicable manuals, WACs and laws, and the RCO may pursue such remedies as the above allows. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force for this agreement: A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with the grant funds, including undeveloped sites, are built, operated, used, and maintained: 1. According to applicable federal, state, and local laws and regulations, including public health standards and building codes; 2. ln a reasonably safe condition for the project's intended use; 3. Throughout its estimated useful service life so as to prevent undue deterioration; 4. ln compliance with all federal and state nondiscrimination laws, regulations and policies. B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and must: Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the lnternational Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as amended and updated. 2. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods 3. Be available for appropriate use by the general public at reasonable hours and times of the year, according to the type of area or facility, unless otherwise stated in RCO manuals, by a decision of the RCO director in writing. Sponsor shall notify the public of the availability for use by posting and updating that information on its website and by maintaining at entrances and/or other locations openly visible signs with such information. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. ln the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State law (constitution, statute); F. Washington Administrative Code; G. Applicable RCO manuals RCO: 't8-1527 Revision Dale: 1 I 1 12019 Page 16 of 19 8.I.a Packet Pg. 58 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate by writing (delegation to be made prior to action) shall have the authority to alter amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. 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 in writing, signed by the director, or the directois designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO relies on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as described in this Agreement and /or enforcement of long-term obligations. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement , or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO will require strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. S 200.340. A. For Cause. 1. The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement; a. lf the Sponsor breaches any of the Sponsor's obligations under this Agreement; b. lf the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. lncluded in progress is adherence to milestones and other defined deadlines; or c.lf the primary and secondary Sponso(s) cannot mutually agree on the process and actions needed to implement the project; 2. Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. lf corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. ln the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3. RCO reserves the right to suspend all or part of the Agreement , withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otheruise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. lf this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1. The Sponsor was not in default, or 2. Failure to perform was outside Sponsor's control, fault or negligence RCO: 18-1527 Revision Dale: 1 11 12019 Page 17 of 19 8.I.a Packet Pg. 59 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) C Rights of Remedies of the RCO. 1. The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2. ln the event this Agreement is terminated by the director , after any portion of the grant amount has been paid to the Sponsor under this Agreement , the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent it would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. lf amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. lf RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. ln the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties C. The Sponsor's name, address, project title, and the assigned project number ln order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure underthis section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. lf a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS'FEES ln the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs, RCO: 18-1527 Revision Date: 111 12019 Page'18 of 19 8.I.a Packet Pg. 60 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) GOVERNING LAWVENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. ln the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; othenruise venue shall be in a county where the prolect is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. SEVERABILITY The provisions of this Agreement 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 Agreement. END OF AGREEMENT This is the end of the agreement. RCO: 18-1527 Revision Date: 1 1112019 Page 19 of 19 8.I.a Packet Pg. 61 At t a c h m e n t : R C O P r o j e c t A g r e e m e n t ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) fl13RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, that: (1) authorizes the submission of applications for grant funding assistance through the Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Program of the Recreation and Conservation Office, as provided for in Chapters 79A.15 and 79A.25 of the Revised Code of Washington, Chapter 286 of the Washington Administrative Code, and other applicable authorities, for renovation of West Fenwick Park and field drainage services at Service Club Ballfields, and (2) identifies the Parks Director as the City's authorized representative for purposes of securing the grants and binding the City to the grant terms and conditions. RECITALS A. Under the provisions of the Land and Water Conservation Fund, Outdoor Recreation Legacy Partnership Program, state grant assistance is requested by the city of Kent to aid in financing the cost of the West Fenwick Park renovations. Under the provisions of the Youth Athletic Facilities Program, state grant assistance is requested by the city of Kent to aid in financing the cost of the Service Club Park field drainage services. 1 West Fenwick Park and Seruice Club Park- Application to Recreation & Conseruation Office Land and Water Conseruation Fund, Outdoor Recreation Legacy Paftnership Program 8.I.b Packet Pg. 62 At t a c h m e n t : R e s o l u t i o n 1 9 7 3 ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) B. The city of Kent considers it in the best public interest to complete the projects described in the applications. C. As part of this same grant application process, the City Council previously passed Resolutions No, 1966 and No. L97L. Due to formatting requirements from RCO, this Resolution is needed to repeal and replace those prior resolutions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 7. - Repeal and Replace. Resolutions No. 1966 and No. t97L are hereby repealed in their entirety and replaced with this Resolution. SECTION 2. - Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington State Recreation and Conservation Office (*RCO") for the West Fenwick Park Renovation Project (#L8-22O7) and the Service Club Park Ballfield Drainage Services Project (# t9-L527) (" Projects"). SECTION 3, - Authorized Representative. The City has applied for or intends to apply for funding assistance managed by the Office for the above Projects. Julie Parascondola, Parks Director, is authorized to act as a representatíve/agent for the City with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of the City, (3) sign any 2 West Fenwick Park and Seruice Club Park- Application to Recreation & Conseruation Office Land and Water Conservation Fund, Outdoor Recreation Legacy Paftnership Program 8.I.b Packet Pg. 63 At t a c h m e n t : R e s o l u t i o n 1 9 7 3 ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) amendments thereto on behalf of the City, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). SECTION 4. - Agreement. The City has reviewed the sample project agreement on the Recreation and Conservation Office's WEBSITE at: https : //rco. wa . g ovld ocu m e nts/m a n ua I s&fo rm s/Sa m p I e ProjAg ree m e nt. pdf . The City understands and acknowledges that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if the City's representative/agent enters into a project agreement on the City's behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. SECTION 5. - Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. 3 West Fenwick Park and Seruice CIub Park- Application to Recreation & Conseruation Office Land and Water Conseruation Fund, Outdoor Recreation Legacy Pa rtnersh i p Prog ra m 8.I.b Packet Pg. 64 At t a c h m e n t : R e s o l u t i o n 1 9 7 3 ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) ECTION 6, - Contingent Funding. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on the City's part. SECTION 7. Varying Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of the City. SECTION 8, - Revisions to Aqreement. The City further understands that prior to the City's authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to execution of the project agreement(s), confer with the City's authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. The City also acknowledge and accept that if the City's authorized representative/agent executes the project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with the City's a uthorization. SECTION 9, - Allowable Costs. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 4 West Fenwick Park and Seruice Club Park- Application to Recreation & Conseruation Otrice Land and Water Conseruation Fund, Outdoo r Recreati on Leg acy Pa rtnersh i p Prog ra m 8.I.b Packet Pg. 65 At t a c h m e n t : R e s o l u t i o n 1 9 7 3 ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) SECTION 70. - No Additional Authorization Required. The City acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on the City upon execution by the City's representative/agent. SECTION 77. -Matching Funds Availability. If match is required for the grant, the City understands the City must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. SECTION 72, - Reimbursement Basis. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. SECTION 73. - Property Dedications. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 5 West Fenwick Park and Seruice Club Park- Application to Recreation & Consentation Office Land and Water Conservation Fund, Outdoor Recreation Leg acy Pa rtnersh i p Prog ra m 8.I.b Packet Pg. 66 At t a c h m e n t : R e s o l u t i o n 1 9 7 3 ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) SECTION 74, - Puget Sound Partnership. The City certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. SECTION 75, Resolution - Part of Application. resolution/authorization is deemed to be part of the formal application to the Office. This grant SECTION 76, - Certification The City warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the City has full legal authority to commit the City to the warranties, certifications, promises and obligations set forth herein. SECTION 77. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regu ar open p iP' ic meetin by the C ity Council of the City of Kent, Washington, this day of r 2018 CONCURRED in by the Mayor of the City of Kent this rL 2018. k)Y DANA RALPH, MAYO W \l\ ì*vn Éoycu 6 West Fenwick Park and Seruice Club Park- Application to Recreation & Conseruation Office Land and Water Conseruation Fund, Outdoor Recreation Leg a cy Pa rtnersh i p Prog ra m Z'- day or 8.I.b Packet Pg. 67 At t a c h m e n t : R e s o l u t i o n 1 9 7 3 ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) ATTEST: KIMBERLEY A.OTO, CITY CLERK APPROVED AS TO P:\Civil\Reeotution\RCO-WeslFenwickParkRenov¿tlons.dod PATRICK, CITY RNEY 7 West Fenwick Park and Seruice CIub Park- Application to Recreation & Conseruation Office Land and Water Conservation Fund, Outdoor Recreati on Leg acy Pa rtnersh i p Progra m 8.I.b Packet Pg. 68 At t a c h m e n t : R e s o l u t i o n 1 9 7 3 ( 1 8 9 7 : R C O G r a n t A g r e e m e n t f o r S e r v i c e C l u b B a l l f i e l d s – A u t h o r i z e ) DATE: August 6, 2019 TO: Kent City Council SUBJECT: Agreement for Award of King Conservation District WRIA Forum Grant - Downey Farmstead Restoration Project - Authorize MOTION: Authorize the Mayor to sign a Grant Agreement with the King Conservation District accepting the King Conservation District WRIA Forum grant, in the amount of $98,575.00, to help fund ongoing work at the Downey Farmstead Restoration site, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent is currently underway in constructing nearly 2,000 LF of side channel tributary to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species. This grant agreement will fund $98,575 earth excavation and associated work. Due to the significant benefits of the project and the success of earlier construction phases, the city continues to receive state and regional grant funds geared towards salmon recovery efforts. BUDGET IMPACT: The City will provide matching staff time with an estimated value of $15,000 from the drainage utility fund in support of this grant. Previous grants in the amount of $2,666,856 have been secured in support of multiple phases of this project. SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Kent WRIA AGREEMENT (PDF) 07/15/19 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 8/6/2019 5:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Dennis Higgins, Brenda Fincher, Toni Troutner 8.J Packet Pg. 69 AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT WRIA FORUM GRANT Green-Duwamish- Central Puget Sound Watershed Forum (WRIA 9) City of Kent This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 800 SW 39th Street, Suite 150, Renton, WA 98057, Renton, WA 98057 (referred to herein as “District”), and the City of Kent, a municipal corporation in King County, Washington, located at 220 4th Avenue South, Kent, WA 98032- 5895 (referred to herein as “Recipient”), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to protect and promote the health, safety, and general welfare of the people of the state of Washington; and 1.2 Whereas, pursuant to RCW 89.08.400 and/or RCW 89.08.405, King County has authorized and imposed a system of assessments and/or a system of rates and charges to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220 and RCW 89.08.341 the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, certain Watershed Forums were established in King County and through the voluntary association of agencies and entities situated within the particular watershed basins or areas (i.e., Snoqualmie Watershed Forum; Cedar/Lake Washington/Sammamish Watershed Forum; Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing and responding to environmental needs within their respective watershed basins and in the region by cooperative efforts; and 1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are located within or have a major interest in the management of Water Resources Inventory Areas (WRIA) 7, 8 and 9; and 1.6 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW, the District's policies and procedures for awarding grants; and 1.7 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. 8.J.a Packet Pg. 70 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Ninety-Eight Thousand Five Hundred Seventy-Five Dollars ($98,575.00) from Returned, 2006 and 2009 KCD- WRIA 9 Funds. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District’s policies and procedures, including but not limited to, the policies and procedures contained in the applicable grant program guidelines, provided that such funds have been collected and received by the District. 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with regular financial and project progress reports for the duration of the project. Grant funds are remitted to the Recipient on a reimbursement payment basis. Project progress reports must be submitted with each reimbursement request. Project progress and financial reports, along with the final narrative and financial summary reports shall be submitted through the District’s online grant portal. The Recipient shall be required to submit to the District a final report which documents the Recipient’s completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project’s successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 8.J.a Packet Pg. 71 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 If the Recipient is a Washington municipal agency, Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. 2.13 Recipient shall notify the District if Recipient intends to sell, salvage, or otherwise dispose of any equipment purchased with grant funds. The proceeds received by Recipient from any sale, salvage or disposition, or the value of the equipment if proceeds were not received from any such action, must be: (a) re-invested back into the originally awarded project; (b) invested in a similar project with District approval; or (c) returned to the District. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 8.J.a Packet Pg. 72 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d 8.J.a Packet Pg. 73 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Suzanna Smith King County Printed On: 8 May 2019 WRIA Grants 1 Downey Farmstead Side Channel Restoration Phase II WRIA Grants King County Maureen Dahlstrom 201 S Jackson St, Ste 600 Seattle, WA 98104 O: 206-477-4687 Suzanna Smith susmith@kingcounty.gov 8.J.a Packet Pg. 74 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Suzanna Smith King County Printed On: 8 May 2019 WRIA Grants 2 Application Form Summary Information Project Title* Downey Farmstead Side Channel Restoration Phase II Select the WRIA where this project will occur* 9 Amount of KCD Funding Requested Below you will find a link to the budget form to be uploaded. Please fill in the amount requested here and make sure the amount requested and total project cost amounts you list here match the amounts in the uploaded budget document. $98,575.00 Upload Budget Form Upload the WRIA grant application project budget form emailed to you. Copy of KCDWRIA_Application_Budget_Form_to_Upload_Downey_041719.xlsx Total Project Cost $5,307,492.00 Project Start Date 05/01/2019 Project End Date 01/01/2021 Project Location Address, Parcel #, OR L&L Points, for site specific projects only. If more than two locations, state “multiple” and explain. 8.J.a Packet Pg. 75 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Suzanna Smith King County Printed On: 8 May 2019 WRIA Grants 3 24955 Frager Road South, Kent, WA 98032-5895 Parcel #2322049029, 2322049028, 2322049020, & 2322049049 Downey Farmstead consists of 4 parcels totaling 22-acres purchased and owned by City of Kent for this project. The site is bound by the Green River to the north and Highway 516 to the south Close Date Historical Latitude Historical Longitude State Legislative District # Click here to find it on the web. 33 King County District # Click here to find it on the web 5 Project Description WRIA Project Description* Provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected? City of Kent will restore juvenile salmon habitat by constructing a side channel and reconnecting floodplain on the left bank of the Green River between river mile (RM) 21.5 and RM 22.3 on property acquired by the city in 2008. The downstream edge of the site coincides with the confluence of Mullen Slough with the Green River, in unincorporated King County. When restoration is complete, side-channel rearing and refuge habitat will be available to juvenile salmon throughout most of the year, particularly juvenile Chinook salmon that inhabit the Green River. Additional fish resources present at the site and expected to utilize the project area are bull trout, chum, coho, cutthroat, pink, winter steelhead, pacific lamprey and river lamprey. Enhancing habitat for improved juvenile salmonid rearing, lifestage diversity, and productivity is a priority in the Green River watershed. A secondary goal of the project is to create additional flood storage and to help alleviate flood damages in urban and agricultural areas in the project vicinity. SRFB funding has been secured to fund Phase II of restoration (15-1240) to relocate Frager Road Right of Way and utilities away from the river's edge to maximize the site for the side channel network and expanded floodplain. Clearing and grubbing, utility relocation and partial excavation of the site (55,000 CY out of a total of 210,000 CY) was completed in 2018. 8.J.a Packet Pg. 76 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Suzanna Smith King County Printed On: 8 May 2019 WRIA Grants 4 The final project phase (Phase III) will create over 1,875 linear feet of side-channel and 6.34-acres of intermittently inundated aquatic habitat (below the current ordinary high water mark) accessible to salmon most of the year adjacent to the Green River near the SR 516 bridge (River Mile 22.1). The project will connect the mainstem with a portion of the floodplain and will create additional floodplain storage to help alleviate flood risk and damage to nearby urban and agricultural areas. By removing over 210,000 CY of material from the floodplain for creation of the side-channel network, the project will provide 130 acre-feet of additional floodplain storage and lower peak flood levels by up to six inches. A total of 50 large-wood structures will be placed as well as thousands of native shrubs, trees and groundcover plantings to provide off-channel habitat for fish and other wildlife. The lack of rearing habitat in the Lower Green River (between RM 32 and 11) and the estuary is the critical factor for the productivity of fry migrants, and this project is important for filling that need. Specifically, the limiting factor is the lack of suitable nursery habitat for migrating fry to reach parr-size before ocean entry. The certainty of the lack of rearing habitat being a primary limiting factor of population growth was recently verified by Anderson and Topping 2018. This project is one of five recently completed or active projects located within a five mile reach of the Lower Green River that are planned that address this limiting factor. This five mile reach also includes three of the relatively few accessible creeks (no flap gates on the mouth) in the Lower Green where juvenile Chinook are known to rear. Viewed individually, these projects all provide important Chinook benefits, but collectively, the benefits are much greater – perhaps enough to substantially improve the survival of the fry life history type that relies on the Lower Green for rearing. The City of Kent will provide stewardship and maintenance of this property which is under city ownership after contracted construction obligations are fulfilled. The city’s storm and vegetation crews will maintain the project site and the county will maintain the relocated Frager Road. Once the restoration phase is completed, city staff qualified in stream and wetland restoration and maintenance will monitor and maintain the properties following the guidelines and requirements for critical areas. As-builts will be created and baseline monitoring and photographic documentation will be conducted immediately after construction and include a site inventory of the vegetation, topography, soils, hydrology, stream conditions, and wildlife species. This information will be collected for at least 10 years after construction and used to compare with goals and objectives. Adaptive management measures will be employed if monitoring reveals substantial deviation from original goals and objectives. Interpretive signage and wildlife passable fencing will be installed along property lines (as appropriate), to provide educational opportunities for the public, yet limit access to the sites. Site access will be maintained for Muckleshoot Tribal treaty-protected fishing activities. Natural Resource Improvement Actions- Criteria Checklist Migration Category - Internal Direct Improvement of Natural Resource Conditions* To improve landscape and natural resource conditions as a result of direct action that enhances water quality, protects and conserves soils, implements ecosystem restoration and preservation projects (examples include supporting private property owners with land stewardship, water quality, aquatic and wildlife habitat resources, removal of invasive weeds, stewardship on public land) Does your project directly address this issue? Yes 8.J.a Packet Pg. 77 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Suzanna Smith King County Printed On: 8 May 2019 WRIA Grants 5 Education and Outreach* To raise awareness, deepen knowledge, and change behaviors of residents, landowners, and other land managers and organizations to practice exemplary stewardship of natural resources (examples include education about stormwater management; the value of farmland, local farms and food systems, shorelines, salmon habitat, forests and other ecosystems) Does your project directly address this issue? No Pilot and Demonstration Projects* To test and/or improve concepts and/or approaches in natural resource management that can be replicated by others (examples include low impact development or green infrastructure demonstration projects, development of new best management practices, distribution of local farm products, urban agriculture (e.g. farmers markets and backyard food production to promote or support social economic independence and healthy living); technological innovation for natural resource conservation) Does your project directly address this issue? No Capacity Building* To enhance the ability of organizations, agencies, residential landowners and other land owners and managers to have knowledge, skills, tools, support systems and technical resources to implement exemplary best management practices and deliver natural resource management actions on the ground (examples include urban agriculture development, assistance to and inclusion of private property owners, preservation, restoration, and/or expansion of urban and/or rural agricultural lands, rural and urban forest lands, riparian restoration and stewardship on private and public lands) Does your project directly address this issue? No Acquisition No Research/Study No 8.J.a Packet Pg. 78 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Suzanna Smith King County Printed On: 8 May 2019 WRIA Grants 6 Project Type* Shorelines, Urban Do project outcomes meet natural resource priorites?* Natural Resource Improvement Actions – describe how the project will address a minimum of one of the natural resource improvement actions described above. Consider the following in your answer to this question: What natural resources will be improved? What are the known needs, gaps or deficits that will be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners? The main outcomes of this project are: 1) Create over 1,875 LF of side-channel habitat for juvenile Chinook salmon accessible during the primary outmigration period (January – June) – flow-through conditions are expected to occur approximately 150 days each year during this Jan – July timeframe (75% of the outmigration period) with planned excavation quantities and depths; 2) Provide quality rearing habitat for all salmonids throughout most of the year by excavating channels to appropriate levels (backwater portions of the downstream end of the channel are expected to be wetted at least 9-months each year); 3) Provide over 18 acres of native riparian and upland vegetation providing refuge and rearing habitat for salmonids, habitat for wildlife and improved water quality; 4) Create 130 acre-feet of additional floodplain storage; and 5) Install 50 large wood habitat structures within the floodplain and side channel to create complex salmon habitat, maintain hydraulic connectivity and limit sediment retention. Overall project goals, as identified in the WRIA 9 Salmon Habitat Plan, are to restore habitat along the Lower Green River by: creating rearing and flood refuge habitat for juvenile salmon; reconnecting mainstem and tributaries with portions of the floodplain; installing anchored large woody debris; and controlling invasive plant species and planting with native plants. While the project is focused on juvenile Chinook salmon needs, the project also addresses the limiting factors and habitat needs of steelhead and coho. It will also provide over one-half mile of south bank shade over an extremely temperature-impaired river segment. These goals will be met once the restoration phase of the project is constructed. Activities, Deliverables & Timelines Activities, Deliverables and Timelines* List specific project activities to be completed, the deliverables associated with those activities, and the timetable for the activities. Consider the following in your answer to this question: What actions, interventions, programs, services will be deployed? This restoration phase of the project is the final phase of the project and will restore river processes by constructing a side channel network and reconnecting and expanding floodplain on the left bank of the Green River between river mile (RM) 21.5 and RM 22.3. The relocated road and trail will provide a greater buffer/setback from the river. Note that this final phase of construction is currently scheduled for 2020. The project tasks include: 1. February 2020 – City bids construction project; 2. March 2020 – City awards construction contract; 3. June 2020 – August 2021 – Project construction: 8.J.a Packet Pg. 79 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Suzanna Smith King County Printed On: 8 May 2019 WRIA Grants 7 a) Contractor will mobilize - Clearing and grubbing of interior of site and road relocation (away from the bank of the river) will have already occurred during 2018 and 2019. Erosion control along the bank of the river will be installed and clearing and grubbing riverward of the existing Frager Road will be completed. b) Contractor will excavate the expanded floodplain and construct the side channel network (to the extent possible with available funding). c) Contractor will install habitat structures in the constructed side channel and floodplain. d) Contractor will install soil amendments, seed, mulch and native riparian and upland vegetation. f) City will provide project management throughout the duration of construction. g) City will design and install interpretive signage. Project deliverables result in benefits to water temperature, fish and other wildlife, and the public. Full project deliverables include: 1. Installation of erosion control along Green River and clearing and grubbing of remaining invasive vegetation along river-bank. 2. Creation of over 1,875 linear feet of side-channel network and 130 acre-feet of additional floodplain storage. 3. Installation of 50 large woody debris and engineered log jams to create complex salmon habitat and maintain hydraulic connectivity. 4. Installation of 5,400 square yards of fabric and planting of thousands of live stakes and other native plants. 5. Site restored with thousands of native trees (10-12’ o.c. average spacing), shrubs, willows and native emergent plugs over 18 acres providing refuge and rearing habitat for salmonids and habitat for wildlife. 6. Project management of the construction project will ensure safety for construction workers and the public, keep the project on schedule and provide quality assurance. 7. Two interpretive signs will provide educational opportunities for the public on the value and benefits of the restoration project. King Conservation District Funding Acknowledgement* Please describe how you will acknowledge the KCD-WRIA funding as part of your project activities. Examples include using the KCD logo on all materials and signs related to the project or holding a press conference with KCD to promote the project. This project has previously received funding from the King Conservation District for project design and acquisition and construction (2007 & 2012 demolition, clean-up and design funding). The City of Kent and WRIA 9 staff will acknowledge the King Conservation District for all past and future funding support in all communication and outreach materials developed as part of the project. The KCD logo will be part of the signage posted for the project upon completion. Additionally, the District will be acknowledged as a key funding partner for this project when engaging in outreach efforts to mobilize additional funding sources. Funding Year and Reports Funding Year 8.J.a Packet Pg. 80 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Suzanna Smith King County Printed On: 8 May 2019 WRIA Grants 9 File Attachment Summary Applicant File Uploads • Copy of KCDWRIA_Application_Budget_Form_to_Upload_Downey_041719.xlsx 8.J.a Packet Pg. 81 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Existing Conditions SR 516 GREEN RIVER DOWNEY FARMSTEAD SIDE- CHANNEL CREATION PROJECT AREA Aerial Photo taken March 30, 2011 N EXISTING FRAGER ROAD (To be relocated) MEEKER STREET 8.J.a Packet Pg. 82 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A Project Name Applicant Contact Mailing Address E-mail Project Start Date: 6/1/2019 Phone Project End Date: 12/31/2019 Budget Item KCD Funds Other Funds Other Funds Total (identify source and status of matching funds here) (identify source and status of matching funds here) Salaries & Benefits $15,000 $15,000 Travel/ Meals/ Mileage (for - volunteers, staff) $0 Office Supplies $0 Field Supplies $0 Contracted/ Professional Services $83,575 $15,000 $98,575 Permits $0 Other: (specify)$0 Other: (specify)$0 Other: (specify)$0 Other: (specify)$0 Other: (specify)$0 TOTAL $98,575 $15,000 $0 $113,575 Total Project Cost $113,575 Total Match $15,000 Please provide detailed budget information below. Itemize categories such as supplies, contracted services with footnotes and detailed descriptions below Downey Farmstead Side Channel Restoration City of Kent Melissa Dahl 400 West Gowe, Kent, WA 98032 Mdahl@Kentwa.gov 253-856-6511 WRIA Grant Program Grant Application Project Budget Form Promoting sustainable uses of natural resources through responsible stewardship 8.J.a Packet Pg. 83 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d Amount of KCD Funding Requested $98,575 Match Percentage 13% Footnotes: Match funds amount were chosen to match the funds that the grant would be spending on City salaries. This fund will be paid for by the City's drainage fund. 8.J.a Packet Pg. 84 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A F o r u m G r a n t A c c e p t a n c e D o w n e y F a r m s t e a d After Side Channel Creation (Photoshop Rendering) RELOCATED FRAGER ROAD 4 NEW INLETS (ONE HIGH WATER), ONE OUTLET 8.J.a Packet Pg. 85 At t a c h m e n t : K e n t W R I A A G R E E M E N T ( 1 8 8 0 : K i n g C o u n t y C o n s e r v a t i o n D i s t r i c t W R I A DATE: August 6, 2019 TO: Kent City Council SUBJECT: Consultant Services Agreement with Robert Half International - Authorize MOTION: Authorize the Mayor to sign all necessary documents to enter into agreement with Robert Half International Inc., subject to final terms and conditions acceptable to the Information Technology Director and the City Attorney, for a total amount not to exceed $2,499,226.49. SUMMARY: Robert Half International Inc. (RHT) is a staffing and recruitment agency that specializes in placing information technology professionals in project and contract to hire positions. The City’s Information Technology department will leverage contractor work through Robert Half International Inc. and is currently expected to cost no more than $2,499,226.49. through the end of 2020. Defined in this agreement is a “Job Arrangement Letter”, that will confirm the details of assignment of RHT’s assigned individual or contractor. The assigned individual’s name, rate per hour and their functional role will be included within an associated job arrangement letter. Each contractor will be assigned to execute specific project or operational activity helping IT to better serve the technology needs of supported City departments. BUDGET IMPACT: Description Cost Impact 2019 Operating Budget $1,065,936.08 2020 Operating Budget $1,206,088.00 Sub-Total $2,272,024.08 Contingency from 2019 & 2020 Operating Budget $227,202.41 Total $2,499,226.49 SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 1. Exhibit A - Consultant Agreement between City of Kent and Robert Half International Inc (PDF) 8.K Packet Pg. 86 07/16/19 Operations Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 8/6/2019 5:00 PM MOVER: Dennis Higgins, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.K Packet Pg. 87 8.K.a Packet Pg. 88 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 89 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 90 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 91 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 92 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 93 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 94 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 95 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 96 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 97 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 98 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 99 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 100 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 101 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 102 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 103 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t 8.K.a Packet Pg. 104 At t a c h m e n t : E x h i b i t A - C o n s u l t a n t A g r e e m e n t b e t w e e n C i t y o f K e n t a n d R o b e r t H a l f I n t e r n a t i o n a l I n c ( 1 8 9 2 : C o n s u l t a n t S e r v i c e A g r e e m e n t DATE: August 6, 2019 TO: Kent City Council SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments Between March 1, 2019 and June 30, 2019 - Adopt MOTION: Adopt Ordinance No. ____, approving the consolidating budget adjustment ordinance for adjustments made between March 1, 2019 and June 30, 2019, reflecting an overall budget increase of $15,871,920. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $15,871,920. Adjustments totaling $11,285,320 have previously been approved by Council and are summarized as follows: $6,700,000 for Sound Transit Task Order 2, including four (4) term-limited positions: Sound Transit Liaison, Engineer 2, Administration Assistant 2, and Planner. $2,004,400 in grants including King County Conservation Grants for the YMCA/Morrill Meadows project, TIB Complete Streets Grant for Meeker, KC Waterworks Grant, Shoreline Ecology Grant, Washington UTC Grant, and a Phlebotomy Program Grant. See attached schedule for detailed amounts. $1,987,570 in carryforward budgets for Fleet replacement vehicles ($1,598,800), Solid Waste grants ($274,170), and Criminal Justice equipment ($114,600) that were previously authorized in 2018. $458,100 in salary increases per the new KPOA contract. $76,330 for two (2) new term-limited Correction Officers tied to the Federal Way Jail Services Contract. $58,920 of other changes: primarily the completion of Sound Transit Task Order 1. The remaining adjustments totaling $4,586,600 have not been previously approved by Council. Highlights include: • $2,150,000 transfer of funds from the Capital Resource Fund to the HCMA System project plus another $2,150,000 for the use of those funds as 8.L Packet Pg. 105 follows: o $1,880,000 for software, system integrations and contingency. o $320,000 for two (2) term-limited positions (HR Analyst, Central Financial Analyst) to backfill Human Resources and Payroll staff. • Two (2) new positions (Paralegal and Judicial Specialist) were added as part of the new Body Worn Cameras program. The 2019 costs for these positions are fully offset by salary and benefit savings derived from other budgeted positions that have not yet been filled. As such, there is no budget impact in 2019. • $140,000 increase to budgeted unemployment claims based on year-to- date costs. • $146,600 in other items including a criminal justice budget correction ($84,620), HR/Finance Director search ($45,000), repayment of an inter- fund loan ($35,000), movement of funds to the 4th & Willis Roundabout project ($20,000), and a decrease in telephone cost allocations of $38,770. See attached schedule for detail. BUDGET IMPACT: These expenditures are funded by grants, existing fund balance, or other new revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services ATTACHMENTS: 1. Budget Adjustment Ordinance (PDF) 07/16/19 Operations Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 8/6/2019 5:00 PM MOVER: Bill Boyce, Councilmember SECONDER: Dennis Higgins, Councilmember AYES: Les Thomas, Bill Boyce, Dennis Higgins 8.L Packet Pg. 106 1 2019-2020 Budget Adjustment March 1, 2019 to June 30, 2019 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between March 1, 2019 and June 30, 2019, reflecting an overall budget increase of $15,731,920. RECITALS A. Expenditures as classified in the final, adopted budget constitute the city’s appropriations for that year. After adoption, there are a variety of events that will precipitate the need to amend the adopted budget, such as grant awards, bonds issuance, collective bargaining agreements and additional budget requests coming through Council committees. These modifications are periodically consolidated into a supplemental budget adjustment ordinance amending the original adopted budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2019-2020 biennial budget is amended to include budget fund adjustments from March 1, 2019 to June 30, 2019, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2019-2020 biennial budget 8.L.a Packet Pg. 107 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 8 8 8 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s B e t w e e n M a r c h 1 , 2 0 1 9 a n d 2 2019-2020 Budget Adjustment March 1, 2019 to June 30, 2019 Ordinance No. 4296, as amended by Ordinance No. 4324, shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.L.a Packet Pg. 108 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 8 8 8 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s B e t w e e n M a r c h 1 , 2 0 1 9 a n d Fund Title Previously Approved Approval Requested Total Adjustment Ordinance General Fund 558,010 32,170 590,180 Street Fund 20,000 (1,960) 18,040 Capital Resource Fund (120,000) 2,185,000 2,065,000 Criminal Justice Fund 142,540 84,620 227,160 Street Capital Projects 6,950,000 20,000 6,970,000 Parks Capital Projects 1,445,000 750 1,445,750 Technology Capital Projects - 2,150,000 2,150,000 Other Capital Projects 166,800 (10,000) 156,800 Water Operating Fund - (2,190) (2,190) Sewerage Operating Fund - (610) (610) Drainage Operating Fund 250,000 (940) 249,060 Solid Waste Operating Fund 274,170 - 274,170 Golf Operating Budget - (7,570) (7,570) Fleet Services Fund 1,598,800 (170) 1,598,630 Central Services Fund - (970) (970) Facilities Management Fund - (400) (400) Utility Clearing Fund - (1,130) (1,130) Total 11,285,320 4,446,600 15,731,920 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments from March 1, 2019 to June 30, 2019 8.L.a Packet Pg. 109 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 8 8 8 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s B e t w e e n M a r c h 1 , 2 0 1 9 a n d Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance General Fund Sound Transit Task Order 2 Positions (10% remaining in GF)6/18/2019 42,120 42,120 HR/Finance Director Position Search 45,000 45,000 KPOA Salary Increases 1/15/2019 439,560 439,560 Federal Way Jail Services Contract 6/18/2019 76,330 76,330 Correction to telephone cost allocation (12,830) (12,830) Total General Fund 558,010 32,170 590,180 Street Fund Establish Washington UTC Grant KCC 3.70 20,000 20,000 Correction to telephone cost allocation (1,960) (1,960) Total Street Fund 20,000 (1,960) 18,040 Capital Resource Fund Eliminate budgeted transfer to Sound Transit Task Order 1 7/18/2017 (150,000) (150,000) Establish Shoreline Ecology Grant KCC 3.70 30,000 30,000 Transfer of funds to HCMA System project 2,150,000 2,150,000 Repayment of year-end CRF loan from YMCA project 35,000 35,000 Total Capital Resource Fund (120,000) 2,185,000 2,065,000 Criminal Justice Fund Establish Phlebotomy Program Grant KCC 3.70 9,400 9,400 KPOA Salary Increases 1/15/2019 18,540 18,540 Budget corrections (uniforms and equipment)84,620 84,620 Carryover budget 2018 114,600 114,600 Total Criminal Justice Fund 142,540 84,620 227,160 Street Capital Projects 4th & Willis Roundabout (moved from Parks & ECD projects)20,000 20,000 Sound Transit Task Order 2 6/18/2019 6,700,000 6,700,000 Establish TIB Grant for Meeker 4/16/2019 250,000 250,000 Total Street Capital Projects Fund 6,950,000 20,000 6,970,000 Parks Capital Projects True up and close Street Tree Replacement project 750 750 Establish King County Conservation Grants 4/2/2019 1,445,000 1,445,000 Total Parks Capital Projects 1,445,000 750 1,445,750 Technology Capital Projects Establish HCMA Systems project budget 2,150,000 2,150,000 Total Technology Capital Projects - 2,150,000 2,150,000 Other Capital Projects Sound Transit Task Order 1 7/18/2017 166,800 166,800 Movement of budget from Meet Me on Meeker to 4th & Willis (10,000) (10,000) Total Other Capital Projects 166,800 (10,000) 156,800 Water Operating Fund Correction to telephone cost allocation (2,190) (2,190) Total Water Operating Fund - (2,190) (2,190) Sewerage Operating Fund Correction to telephone cost allocation (610) (610) Total Sewerage Operating Fund - (610) (610) Drainage Operating Fund Establish King County Waterworks Grant 12/11/2018 250,000 250,000 Correction to telephone cost allocation (940) (940) Total Drainage Operating Fund 250,000 (940) 249,060 Budget Adjustment Detail for Budget Changes March 1, 2019 to June 30, 2019 8.L.a Packet Pg. 110 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 8 8 8 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s B e t w e e n M a r c h 1 , 2 0 1 9 a n d Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance Budget Adjustment Detail for Budget Changes March 1, 2019 to June 30, 2019 Solid Waste Operating Fund Carryover budget 2018 274,170 274,170 Total Solid Waste Operating Fund 274,170 - 274,170 Golf Operating Budget Correction to telephone cost allocation (7,570) (7,570) Total Golf Operating projects - (7,570) (7,570) Fleet Services Fund Correction to telephone cost allocation (170) (170) Carryover budget 2018 1,598,800 1,598,800 Total Fleet Services Fund 1,598,800 (170) 1,598,630 Central Services Fund Correction to telephone cost allocation (970) (970) Total Central Services Fund - (970) (970) Facilities Management Fund Correction to telephone cost allocation (400) (400) Total Facilities Management Fund - (400) (400) Utility Clearing Fund Correction to telephone cost allocation (1,130) (1,130) Total Utility Clearing Fund - (1,130) (1,130) Grand Total All Funds 11,285,320 4,446,600 15,731,920 8.L.a Packet Pg. 111 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e ( 1 8 8 8 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s B e t w e e n M a r c h 1 , 2 0 1 9 a n d DATE: August 6, 2019 TO: Kent City Council SUBJECT: Dvorak Barn Concrete Foundation and Interior Framing Bid - Award MOTION: Award the Dvorak Barn - Concrete Foundation and Interior Framing Project to Serpanok Construction, Inc. in the amount of $355,597 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As part of the preparations for the upcoming Russell Road Levee improvements, the City relocated the historic Dvorak Barn, near the City’s Russell Road Nursery. This project includes the construction of a new foundation and floor slab. It will also include reinforcement of the barn framing and perimeter fencing to secure the barn. The bid opening for the Dvorak Barn – Concrete Foundation and Interior Framing Project was held on July 30, 2019 with four bids received. The lowest responsible and responsive bid was submitted by Serpanok Construction, Inc. in the amount of $355,597. Bid Tab Summary 01. Serpanok Construction, Inc. $355,597.00 02. CFC Construction LLC $378,930.20 03. Alegis Construction Inc. $422,867.06 04. Quigg Bros., Inc. $648,582.00 Engineer's Estimate $368,137.00 BUDGET IMPACT: This project is part of the City’s participation in the Lower Russell Road Levee project. Funding will come from the Drainage Fund. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure ATTACHMENTS: 8.M Packet Pg. 112 1. Dvorak Barn Foundation & Framing Bid Tab (PDF) 8.M Packet Pg. 113 Dvorak Barn - Concrete Foundation and Bid Opening: July 30, 2019, 11:00 AM Serpanok Construction, Inc. CFC Construction LLC Alegis Construction Inc. Quigg Bros., Inc. 4519 S. Orchard St. 20233 SE 192nd St. 3701 S. Norfolk St. #300 PO Box 1707 Tacoma, WA 98466 Renton, WA 98058 Seattle, WA 98118 Aberdeen, WA 98520-0281 TOTAL $355,597.00 $378,930.20 $422,867.06 $648,582.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: CONCRETE FOUNDATION & INTERIOR FRAMING 1000 Mobilization 1 LS 48,520.00 $48,520.00 40,000.00 $40,000.00 40,000.00 $40,000.00 55,000.00 $55,000.00 1005 Clearing and Grubbing 1 LS 22,530.00 $22,530.00 20,000.00 $20,000.00 2,500.00 $2,500.00 15,000.00 $15,000.00 1065 Unsuitable Foundation Excavation Incl. Haul 40 CY 40.00 $1,600.00 40.00 $1,600.00 32.50 $1,300.00 100.00 $4,000.00 1075 Gravel Borrow, Including Haul and Compaction 1,000 TON 22.00 $22,000.00 70.00 $70,000.00 25.00 $25,000.00 75.00 $75,000.00 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 40 TON 32.00 $1,280.00 40.00 $1,600.00 27.00 $1,080.00 70.00 $2,800.00 1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 120 TON 32.00 $3,840.00 40.00 $4,800.00 27.00 $3,240.00 60.00 $7,200.00 1086 Construction Geotextile for Soil Stabilization 800 SY 1.00 $800.00 2.00 $1,600.00 2.00 $1,600.00 5.00 $4,000.00 1090 Cement Concrete Class 4000 180 CY 650.00 $117,000.00 412.50 $74,250.00 600.00 $108,000.00 1,000.00 $180,000.00 1091 St. Reinf. Bar for Footings and Floor Slab 10,000 LB 1.00 $10,000.00 0.6022 $6,022.00 2.50 $25,000.00 2.00 $20,000.00 1092 1 In. Diam. PVC Coated Rigid Metal Conduit 580 LF 3.00 $1,740.00 27.00 $15,660.00 20.00 $11,600.00 30.00 $17,400.00 1093 2 In. Diam. PVC Coated Rigid Metal Conduit 20 LF 5.00 $100.00 20.00 $400.00 38.00 $760.00 50.00 $1,000.00 1095 Interior Wood Framing 1 LS 16,000.00 $16,000.00 11,000.00 $11,000.00 73,000.00 $73,000.00 95,000.00 $95,000.00 1096 Foundation Drain 200 LF 32.00 $6,400.00 50.00 $10,000.00 40.00 $8,000.00 40.00 $8,000.00 1097 Excavation for Drainage Gallery 35 CY 41.00 $1,435.00 20.00 $700.00 50.00 $1,750.00 100.00 $3,500.00 1098 Drain Rock for Drainage Gallery 35 CY 33.00 $1,155.00 40.00 $1,400.00 65.00 $2,275.00 200.00 $7,000.00 1099 Perforated Pipe for Drainage Gallery 20 LF 22.00 $440.00 30.00 $600.00 60.00 $1,200.00 50.00 $1,000.00 1100 Filter Fabric for Drainage Gallery 230 SY 2.00 $460.00 2.00 $460.00 10.00 $2,300.00 10.00 $2,300.00 1101 Removal of Underground Storage Tank 1 LS 20,000.00 $20,000.00 3,000.00 $3,000.00 8,000.00 $8,000.00 15,000.00 $15,000.00 1265 Remove Chain Link Fence 50 LF 4.00 $200.00 10.00 $500.00 7.00 $350.00 20.00 $1,000.00 1270 Install New Chain Link Fence 350 LF 26.00 $9,100.00 59.00 $20,650.00 27.00 $9,450.00 30.00 $10,500.00 1271 Double 20 Ft. Chain Link Gate 1 EA 1,100.00 $1,100.00 1,000.00 $1,000.00 1,200.00 $1,200.00 1,200.00 $1,200.00 1340 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 1341 Stabilized Construction Entrance 400 SY 5.00 $2,000.00 38.00 $15,200.00 45.00 $18,000.00 30.00 $12,000.00 1345 Seeding, Fertilizing, and Mulching 1 AC 350.00 $350.00 6,000.00 $6,000.00 2,000.00 $2,000.00 5,000.00 $5,000.00 1350 Topsoil, Type A 280 CY 29.00 $8,120.00 50.00 $14,000.00 30.00 $8,400.00 75.00 $21,000.00 1351 Traffic Control Labor 40 HR 85.00 $3,400.00 60.00 $2,400.00 55.84 $2,233.60 70.00 $2,800.00 1352 Construction Signs Class A 32 SF 10.00 $320.00 20.00 $640.00 18.00 $576.00 35.00 $1,120.00 1353 Traffic Control Supervisor 10 HR 88.00 $880.00 90.00 $900.00 61.00 $610.00 80.00 $800.00 1354 Temporary Traffic Control Devices 1 LS 2,500.00 $2,500.00 100.00 $100.00 5,000.00 $5,000.00 1,000.00 $1,000.00 1355 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 SUB TOTAL $323,270.00 $344,482.00 $384,424.60 $589,620.00 10% SALES TAX $32,327.00 $34,448.20 $38,442.46 $58,962.00 CONSTRUCTION CONTRACT TOTAL $355,597.00 $378,930.20 $422,867.06 $648,582.00 1 32 Interior Framing 4 8.M.a Packet Pg. 114 At t a c h m e n t : D v o r a k B a r n F o u n d a t i o n & F r a m i n g B i d T a b ( 1 9 0 5 : D v o r a k B a r n C o n c r e t e F o u n d a t i o n a n d Dvorak Barn - Concrete Foundation and Bid Opening: July 30, 2019, 11:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. SCHEDULE I: CONCRETE FOUNDATION & INTERIOR FRAMING 1000 Mobilization 1 LS 1005 Clearing and Grubbing 1 LS 1065 Unsuitable Foundation Excavation Incl. Haul 40 CY 1075 Gravel Borrow, Including Haul and Compaction 1,000 TON 1080 Crushed Surfacing Top Course, 5/8 Inch Minus 40 TON 1085 Crushed Surfacing Base Course, 1-1/4 Inch Minus 120 TON 1086 Construction Geotextile for Soil Stabilization 800 SY 1090 Cement Concrete Class 4000 180 CY 1091 St. Reinf. Bar for Footings and Floor Slab 10,000 LB 1092 1 In. Diam. PVC Coated Rigid Metal Conduit 580 LF 1093 2 In. Diam. PVC Coated Rigid Metal Conduit 20 LF 1095 Interior Wood Framing 1 LS 1096 Foundation Drain 200 LF 1097 Excavation for Drainage Gallery 35 CY 1098 Drain Rock for Drainage Gallery 35 CY 1099 Perforated Pipe for Drainage Gallery 20 LF 1100 Filter Fabric for Drainage Gallery 230 SY 1101 Removal of Underground Storage Tank 1 LS 1265 Remove Chain Link Fence 50 LF 1270 Install New Chain Link Fence 350 LF 1271 Double 20 Ft. Chain Link Gate 1 EA 1340 Erosion/Water Pollution Control 1 FA 1341 Stabilized Construction Entrance 400 SY 1345 Seeding, Fertilizing, and Mulching 1 AC 1350 Topsoil, Type A 280 CY 1351 Traffic Control Labor 40 HR 1352 Construction Signs Class A 32 SF 1353 Traffic Control Supervisor 10 HR 1354 Temporary Traffic Control Devices 1 LS 1355 Minor Changes 1 CALC SUB TOTAL 10% SALES TAX CONSTRUCTION CONTRACT TOTAL Interior Framing Engineer's Estimate Steve Lincoln $368,137.00 UNIT TOTAL PRICE AMOUNT 24,500.00 $24,500.00 5,000.00 $5,000.00 30.00 $1,200.00 30.00 $30,000.00 40.00 $1,600.00 40.00 $4,800.00 2.00 $1,600.00 600.00 $108,000.00 1.75 $17,500.00 4.00 $2,320.00 5.00 $100.00 17,000.00 $17,000.00 30.00 $6,000.00 30.00 $1,050.00 60.00 $2,100.00 30.00 $600.00 2.00 $460.00 10,000.00 $10,000.00 20.00 $1,000.00 50.00 $17,500.00 2,000.00 $2,000.00 10,000.00 $10,000.00 100.00 $40,000.00 5,000.00 $5,000.00 30.00 $8,400.00 65.00 $2,600.00 20.00 $640.00 70.00 $700.00 3,000.00 $3,000.00 10,000.00 $10,000.00 $334,670.00 $33,467.00 $368,137.00 8.M.a Packet Pg. 115 At t a c h m e n t : D v o r a k B a r n F o u n d a t i o n & F r a m i n g B i d T a b ( 1 9 0 5 : D v o r a k B a r n C o n c r e t e F o u n d a t i o n a n d