HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 6/5/2018adccW18328
CITY OF KENT
Council MeetingAgenda
Mayor Dana Ralph
Council President Bill Boyce
Councilmembers
Vacant Position No. 1 Brenda Fincher
Satwinder Kaur Les Thomas
Toni Troutner Dennis Higgins
June 5, 2018
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KENT CITY COUNCIL AGENDAS
June 5, 2018
Council Chambers
Mayor Dana Ralph
Council President Bill Boyce
Vacant Council Position No. 1 Councilmember Dennis Higgins
Councilmember Brenda Fincher Councilmember Les Thomas
Councilmember Satwinder Kaur Councilmember Toni Troutner
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WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Utilities Update – Sewer and Storm Dave Brock 45 min
Intelligent Transportation System Kelly Peterson 45 min
Catherine Crook
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Month
ii. Proclamation for Juneteenth Day
B. Community Events
5. REPORTS FROM COUNCIL AND STAFF
6. PUBLIC HEARING
7. PUBLIC COMMENT - – If you wish to speak to the 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
A. Minutes of May 15, 2018, Workshop and Council Meeting – Approve
B. Nullification of Approval of Bills Received Through April 15, 2018 – Authorize
C. Payment of Bills – Approve
D. Legislative Lobbying Consultant Services Agreement – Authorize
E. Update to Purchasing and Contracting Code Provisions Ordinance – Adopt
F. Grant Agreement with Recreation and Conservation Office for the Walla
Property Acquisition – Authorize
G. Establishment of Riverbend Golf Complex’s Capital Funds and Cash Reserves
– Approve
H. Set Public Hearing Date for the 2019-2024 Six-Year Transportation
Improvement Program
I. 80th Avenue South Pavement Rehabilitation Project – Accept as Complete
9. OTHER BUSINESS
A. School District Impact Fees Ordinance – Adopt
10. BIDS
A. Lake Meridian Estates Storm Drainage Improvements Phase II – Award
B. 132nd Ave SE Pedestrian Improvements Project- Award
C. 2018 Plastic Markings Refresh Project – Award
D. James Street Pavement Rehabilitation Project – Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase or lease
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 at 7-1-1.
COUNCIL WORKSHOP
A) Utilities Update – Sewer and Storm - Dave Brock
B) Intelligent Transportation System - Kelly Peterson / Catherine Crook
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
i. Employee of the Month
ii. Proclamation for Juneteenth Day
B) Community Events
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REPORTS FROM COUNCIL AND STAFF
Mayor Ralph:
Derek Matheson/Administration:
Council President Boyce:
Councilmember Kaur:
Councilmember Higgins:
Councilmember Troutner:
Councilmember Thomas:
Councilmember Fincher:
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OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 06/05/18
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, June 05, 2018
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• The City Council will interview seven applicants for council position #1 on Tuesday,
June 12, starting at 5 p.m. The council hopes to appoint and seat a new
councilmember the same evening.
• The Mayor’s Office and Finance Department hosted a budget kickoff in mid-May.
Departments need to submit proposed budgets, including reductions, by July 9.
• The Mayor’s Office met with mid-managers throughout the organization in late May
for an informal conversation about topics of interest to managers.
• Testing will be on June 6 for the Council Administrative Assistant position. Seventy-
five people were invited to test.
Communications
• Communications has been developing standards for our social media accounts (e.g.,
frequency, quality, content, etc.) and working on alternatives to press releases when
communicating externally. We have also been planning the mayor’s first Coffee &
Conversation event (6/11, 2-4 p.m., Cutters Point on Pac Hwy) and a biweekly video
series called Kent Now to help with strategic messaging to the community. We
wrapped up the Budget Roadshow and are working on budget FAQs to be posted to
KentWA.gov. We are working with Multimedia to plan a Communications-Multimedia
retreat on June 15.
Community Engagement
• Mercedes Pineda joined Administration as an iGrad intern and will be here for the
next three weeks. He emailed past Kent International Festival volunteers,
encouraging them to volunteer for this year’s event, and organized the volunteers
and their roles in Excel. In support of Public Works Week, Mercedes scheduled
Twitter posts. He also did some initial analysis of some of the City’s Facebook pages,
suggesting improvements on how the City communicates with its community. His
latest assignment was to work on this month’s Cultural Committees Board agenda
and help distribute it throughout the City.
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ECONOMIC AND COMMUNITY DEVELOPMENT
Economic Development
• Staff met with Boeing representatives regarding the company’s plan to sell a
significant portion of the Kent Space, Security, and Defense campus.
• Staff met with their counterparts at King County to discuss continuing changes to
regional economic development and workforce development entities, and the likely
focus of future work (key sectors, outreach, and strategies).
• Staff met with its CBRE broker for an update on possible purchasers of the southern
two acres of the Naden Ave assemblage for hotel development. ECD provided most
current information on City site improvements and plans for WSDOT approved
connection to SR516.
• Staff met with the president of the Aerospace Futures Alliance to discuss this year’s
Governor’s Summit featuring Blue Origin CEO Bob Smith as the keynote speaker,
and the possibility of bringing future events to the Kent area.
• Staff is assisting with fundraising for the lunar rover interactive replica project. Staff
interviewed several engineers who worked on the Kent based program in 1960s and
1970s, videotaped their recollections, and collected memorabilia for a pop-up
showcase for the Kent Downtown Partnership (KDP) Bring the Moon Fundraising
Dinner Auction at accessoShoWare on June 1. With support from Boeing corporate
historian and Kent resident Michael Lombardi, and new partnerships being grown
with the Museum of Flight and potentially MOHAI, this effort is meant to celebrate
and explain Kent’s contributions to space exploration. Boeing engineers are invited to
the KDP fundraiser where the Lunar Rover Project is the “fund-a-need item.” These
materials will be used again in conjunction with Kent’s sponsorship of the 3-day New
Space Conference taking place in Renton in late June, and incorporated into future
promotional materials to showcase Kent as a place of advanced manufacturing,
innovation, and invention.
• Staff continues to assist Aerospace Joint Apprenticeship Committee in recruiting
participants to their employer breakfast round table at the Kent funded training
center on May 23.
• Chief Economic Development Officer Bill Ellis delivered a 15-minute overview of the
Kent market to a NAIOP (commercial real estate development association) audience
of approximately 200 individuals and served as regional panelist with Port of
Bremerton Commissioner Bozeman and Burien Mayor Jimmy Matta for a Q & A last
Wednesday at the Seattle Hyatt Olive 8.
• Staff met with the Executive Director of Ventures, a small business development
service based in south Seattle, to learn more of their plans and engagements
working in South King County communities.
Long Range Planning
• ECD and PW staff traveled to Redmond to learn about the Sound Transit project
under construction there now. Staff discussed permitting review challenges, staffing
considerations, inspections and more—it was a very productive trip and another
great learning opportunity with our peer cities. The more Kent can learn from cities
who have been through Sound Transit light rail projects, the better! Long-range
planning staff will be incorporating lessons learned into the current draft of the
Development Agreement—the permitting framework in particular.
• Long-range planning staff presented draft concepts of the Meet Me on Meeker
frontage at Kent Elementary School to a teachers’ meeting and got positive
feedback. The draft concept incorporates community input from two workshops and
will be incorporated into a final community vision to pursue funding and
implementation. The design includes a colorful laser-cut fence, large gate, and
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stamped concrete walkway through the schoolyard with “welcome” written in many
languages. The design represents a good balance of aspirational and practical, but
will still need to be assessed for feasibility with Kent School District facilities staff.
• Staff applied for state funding for Meet Me on Meeker. This grant opportunity
through WSDOT focuses on Bicycle and Pedestrian safety projects – the total pot of
funding was too small to pursue a grant for construction, so staff focused the
application on the preliminary engineering design of the segment of Meeker between
the private developments at Marquee on Meeker and 64th and Meeker. If awarded,
this funding would help attract future construction funding by making the project
“shovel-ready.”
Permit Center/Building Services
• Jeremy Perkins was brought aboard as a Combination Building Inspector.
• Permits for Oakhaven, (a.k.a. Benson Pointe), a 22 lot plat for SFR were issued;
also, two permits for commercial alterations, and one for a new testing facility
building on the Blue Origin campus. The Marquee on Meeker Building K construction
permit was issued.
• Upcoming projects include one major long plat for 24 new SFR on the West Hill, and
one new 96,150 sf building for distribution or manufacturing.
• 342 total permits were issued.
• Valuation estimate for new permitted development: $10,943,369.00
• Building Inspectors completed 871 inspections between May 1 and 21.
HUMAN RESOURCES
Administration
• The Fleet Purchasing process improvement event is scheduled to begin on June 21.
This is an opportunity to look for ways to streamline our current process, bringing
together internal and external stakeholders for alignment and improvement.
• The next round of Innovate Academy Training began on May 30. This is a 4½ day
event that will give City staff the skills needed to be able to identify improvement
opportunities and apply best practices for improvement.
• Work will begin to develop a process improvement roadmap with the IT Department,
integrating the principles of process improvement and providing direction for creating
a culture that reinforces the use of those methods and tools.
• We are moving forward with the purchase of the Shoretel Emergency Notification and
Paging solution. Vertek, a professional services vendor, will be performing the
system upgrade as well as leading the backend administrative training for IT staff.
We’re tentatively targeting June/July for the upgrade, with training for all staff
offered in late summer/early fall.
Benefits
• We will be holding in-person interviews with third-party benefits brokers on June 6
as part of our current request for proposals (FRP) for Benefits Consulting and
Actuarial Services
• Finalizing Wellness RFP that will be released in June seeking a new Wellness Vendor
• Finalized our annual report to the State Risk Manager, Health and Welfare
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Labor, Class & Compensation
• Beginning update on Citywide job description format
• Continuing 2018 updates to City policies to include re-numbering and policy
assignments to stakeholder departments
• Continuing work on reclassifications from various departments
• Beginning preparations for KPOA negotiations
Recruitment
• Entry Level Police Officer and Corrections Officer testing will be held on May
31through June 1.
• Preparing for the Assistant Chief and Commander promotional processes in the Police
Department.
• Second interviews are being scheduled with finalists for the Planning Technician
(ECD) and Accounting Services Asst. III (Parks) positions.
• New hires for June 1: Candace Enders (Court), Joshua Arnett and Jordan Axelson
(PD), and Keren Asipov (IT). Keith Voss was promoted to MW IV - Water
Distribution, effective June 1.
Risk Management
• Resolved Woodfolk v. Kent lawsuit through mediation.
INFORMATION TECHNOLOGY
• CORE Infrastructure Upgrade - This project will replace and redistribute current
CORE routers and switches to help ensure network reliability.
• Firewall Infrastructure Upgrade Multimedia Request System Replacement - The
project will replace the current firewall infrastructure enabling us to harden our
network protecting the City's information assets.
• JDE Requests - Identify/Address JDE related requests from Finance/HR
• Information Technology operational support for May 15, 2018 to May 29, 2018
o Number of tickets opened – 329; number of tickets closed - 283
LAW
• Staff continued franchise negotiations with Comcast on a new 10-year franchise
agreement. The next negotiation session is scheduled for June 5 where the large
issues concerning INET (institutional network) and PEG (public, education, and
government) funding will be discussed. These are critical issues for the City moving
forward and have been strongly resisted to by Comcast.
• Staff began working with Finance Customer Service on this year’s LID (local
improvement district) foreclosures. There are currently 10 properties identified for
foreclosure where the owners are either delinquent in at least two annual installment
payments on their properties’ LID assessments, or where the final LID installment
payment has been delinquent for at least one year. The first foreclosure notice
required under the Kent City Code must be mailed by the Finance Director on or
before July 1, and the annual foreclosure action must be filed on or before November
15. The strategy this year will be to engage the owners’ mortgage companies early in
the hope they will satisfy the delinquency in advance of the City ordering necessary
title reports.
• Staff continued to assist the Clerk’s office with public records requests; HR with a
number of complicated and sensitive employment issues; Parks, ECD, and PW with
the YMCA project, two Sound Transit development projects, and property
acquisitions in development of the 228th and 224th corridor projects and various
levee projects, including Lower Russell Road and Milwaukee II.
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• Staff continues to negotiate small cell franchises and telecommunications facilities
leases.
• Staff handled a mitigated code enforcement hearing with four violations. The City
agreed to impose a $400 fine now ($100 for each violation), and suspend $1,600
($400 for each violation), on the condition that the violations are completely abated
within 30-days, to which the property owner agreed. Failure to abate the violations
within that timeframe will result in the imposition of the remainder of the fines.
• Staff argued and won an appeal at RALJ in Superior Court. The issue on the appeal
was a defense claim of prosecutorial misconduct for making a false representation to
the court during an argument in trial. The claim was not one of intentionally making
the misrepresentation but simply an error. The underlying claim was that the City
had not established defendant’s identity as the person who committed the
crime. The prosecutor made representations as to what she believed the witness
had testified to but those representations were not accurate according to the record.
The RALJ court found that even though the prosecutor’s representations during her
argument were factually incorrect, the error was harmless b/c she had sufficiently
established identity of defendant as the perpetrator via a photo that had been
admitted into evidence.
MUNICIPAL COURT
• On May 18, 2018, our very own Judge Karli Jorgensen received the Citizen of the
Year Award from the Kent Chamber of Commerce at their annual gala. Judge
Jorgensen was given the award for her community involvement through the schools,
DUI Court and Kent Rotary and her dedication to the Kent community.
Congratulations to Judge Jorgensen! This honor is well deserved.
• Last week, court administrator Margaret Yetter was installed as the president of the
District and Municipal Court Management Association (DMCMA). She is the first
person in the history of the association to hold the office of president twice. The
DMCMA was established in 1970. They have more than 180 members, representing
108 courts in Washington State.
PARKS, RECREATION, AND COMMUNITY SERVICES
Cultural Programs
• Morrill Meadows “Parcourse” Art Project is officially underway! The selection panel for
this project met on May 21 to review conceptual design proposals from three artist
finalists. A final selection will be made in the coming week. Panelists included City
Councilmember Satwinder Kaur, professional artist Ellen Sollod, professional artist
and Arts Commissioner Colleen Maloney, and YMCA representative Jordan Louie.
• Kent Creates, an online interactive gallery, currently features the exhibit, “On the
Water”. This exhibit will remain open through June 30. The Kent Arts Commission
encourages artists and creative minds to use water as inspiration and to submit
photographs, recipes, videos of dances, short films, poems, paintings, drawings, or
work in any creative medium.
Human Services
• Human Services staff and the Human Services Commission met for their first
application review session. Commissioners were responsible for reviewing and rating
approximately 40 applications initially. During the review session each application
was discussed and questions and concerns were generated for staff to address prior
to the next meeting. In June the Commission will meet for another full day session to
further discuss the applications and establish funding recommendations to forward
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on to Council. The goal is to ensure a safety net of services is available to our
residents who need assistance in meeting basic needs and finding a path to self-
sufficiency. Prevention is also prioritized
Recreation
• The Parks Department, in partnership with the Kent School District hosted the 55th
Annual Junior Olympics Track Meet at French Field on Saturday, May 12. With a 55-
year history, the Elementary Track Program is one of the longest running programs
in department history. This year, 25 elementary school teams, including over 1,400
athletes participated in 24 daily track meets. The Junior Olympics actually splits the
25 teams into two division track meets and is the culmination of this seven week
season. Over 3,000 spectators supported and cheered on their teams and
athletes. Curiously many of the cheering fans participated as elementary school
students themselves and are now parents or even grandparents of today’s
participants!! This program employs over 65 part time workers. For many of those
employees, it is a first time work experience and provides many
learning opportunities from how to apply for a job, basics like what to wear, being
on time, carrying out work assignments, etc.
Youth-Teen-Adaptive
• The 2018 Fishing Experience was a huge hit for 135 children (many fishing for the
first time) and their families on Saturday, May 19. Forty-seven community
volunteers from Kent Rotary, Interact Clubs from Kentlake, Kent-Meridian and
Kentridge, Kent Police and many friends and former part-time staff generously gave
252 hours of their time in support of this annual event. They taught kids how to fish,
baited hooks, untangled lines, cleaned 303 fish, bbq’d, talked about the
environment, and simply made sure everyone was having fun. The US Coast Guard
was also in attendance providing children and their families with water/boating
safety guidelines and environmental stewardship information. Every child left with
the fish they caught, a free fishing pole in their hands and a huge smile in their face.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• Lateral Officer Eric Rodenberg starts June 1.
• Entry level officers Jordan Axelson and Josh Arnett start June 1.
Significant crime activities/arrests/investigations
• On May 9, officers were dispatched to the 14000 block of SE 283rd Pl. on the report
of a shooting. When units arrived they found the victim at a neighbor’s after fleeing
her residence. She was bleeding from a gunshot wound that had grazed her head.
She stated that her son beat her and shot her after behaving erratically for around
24-hours. The house was surrounded and SWAT called out. After a lot of gas was
deployed into the house and a K9 application, the suspect was taken into custody.
• On May 9, officers were dispatched to the Burger King Located at 25240 104 Ave SE
regarding a shooting. A male entered the restaurant after being shot in the
arm. The victim stated he was at that location to sell a cell phone. Two subjects,
known to him, got in his car. The subject in the front passenger seat produced a
gun. After some type of altercation, the victim was shot (appears non-life
threatening). The suspects fled the car.
• On May 9, officers were dispatched to Terrace View Apartments. A victim reported
his neighbor had pointed a knife and a pistol at him. A roommate of the suspect took
the gun and went back inside. The suspect continued to hold the knife and then
punched the victim in the nose. Patrol attempted to call the subjects out numerous
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times, but received no answer. Due to the firearm being involved, SWAT was called
out. SWAT was able to detain one subject inside who was sleeping. The suspect was
not in the apartment.
• On May 19, officers responded to a suspicious circumstance call on Clark Ave N. A
homeowner called 911 to report a strange woman had just barged into their home
saying she was being followed and that someone was after her. This female stated
that a male had a knife and she had been held captive for numerous days. Units
arrived to find this female huddled under the kitchen table of the house. The female
relayed that she had been held against her will for numerous days. She had been
physically and sexually assaulted and threatened with weapons. A suspect and
location were identified and probable cause to arrest was established. A surround
and call-out was conducted. The suspect exited the location and was taken into
custody. Detectives responded and assumed the investigation. It was later
determined through investigation that the victim was being trafficked.
• On May 19, officers responded to the report of a Suicidal Subject with a knife at the
Water's Edge Apartments. Officers had a visual of the subject through a side window
and she had a 12-inch kitchen knife held to her chest. She refused to drop the knife
and was hit in the hand with the less lethal 40 mm. She had cutting wounds to her
left hand. Fire personnel indicated that she had been to the hospital three times that
week and they have been out to her residence to treat her at least 25 times.
• On May 21, officers responded to a 911 call of a male carrying a gun while walking
near Kent Elementary School. They located the adult subject near the school. The
gun was found to be a toy M16. He was carrying a backpack with two masks, drugs,
paraphernalia, and multiple IDs belonging to other people. He was arrested and
booked on a felony DOC warrant and was cited at large for new misdemeanor
charges.
• On May 27, an officer was viciously struck multiple times with a closed fist in the face
and then assaulted with the officer’s flashlight. The suspect attempted to disarm the
officer, while saying something to the effect of, "Give me your strap!" The officer
continued to fight and was able to call out a "Code 2." Responding officers were able
to get the suspect in custody. The officer is hospitalized and recovering.
• On May 27, officers responded to the report of a 15-year-old female shot in the chest
from a vehicle while walking down the Benson. Officers provided First Aid to the
victim, applying direct pressure and then a chest seal. The gunshot wound was found
to have gone through and through. There is no known suspect information at this
time. The victim's wounds are said to be non-life threatening. Case referred to
Detectives.
Major emphasis patrol
• On May 18, The Kent Police Department, in partnership with Renton police and
Washington State Patrol, held an Illegal Street Racer Emphasis in the City of Kent.
The objective of the emphasis was to dissuade persons from activity promoting,
participating or attending illegal racing events in the City of Kent. In recent years
these races have drawn more serious criminal activity, such as weapons violations,
assaults with firearms, stolen vehicles, and property damage. During the emphasis
22 people were arrested for Criminal Trespass 2, 17 vehicles were impounded and 10
additional vehicles left abandoned by their operators.
School issues
• On May 21, officers responded to Totem Middle School for a report of a student with
a gun. They arrived and spoke to the student, who had been detained by
security. The 15-year-old told officers that he had taken the firearm from his father
and brought it to school to sell. There were no bullets with the gun because the
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student had left them at home. According to the student, he had no intention to
shoot up the school and he has no problems with any of the students. The student
was arrested and booked into the King County Juvenile Detention Center.
Events and awards
• Commander McCuistion and Sergeant Mike Armstrong passed the test to become
Nationally Certified Corrections Jail Managers through the American Jail Association
(AJA). This will make them the 5th and 6th certified corrections jail managers in the
state of Washington.
Other
• Officers secured a local transient with severe mental health issues with his own
apartment but he returned to his old spot under a bridge. Mental Health
professionals advised the cleanup of his site so he doesn’t have a reason to return.
He was found pushing two large shopping carts up Veteran’s Drive Hill so officers
loaded them up in the truck and returned him to his new place where he has agreed
to stay.
PUBLIC WORKS
Design
• S 224th St Project 88th to 94th – Presented project to Puget Sound Regional Council
for Countywide grant on May 21 – project was not selected.
• 132nd Ave SE (SE 240th to SE 248th) – Apparent low bid by AXUM – a Small
Business Enterprise. Checking references. Merge meeting held May 29.
• James Street Overlay, Central to Clark – Recommend award for concrete based on
bid results – awaiting confirmation. Merge meeting to be scheduled. Full closure of
James may be discussed and considered.
• East Valley Highway Overlay – Received Federal Highway Administration/WSDOT
authorization to advertise May 21.
• 212th Bridge Deck Temporary Repairs – consultant selected to design temporary
repairs on the bridge. Will be working to secure a grant for complete repairs in
upcoming grant cycle.
• Naden Clearing and Grubbing – 90% plans currently in review.
• Design/Construction Standards – revisions to be completed next week. Anticipate
citywide reviews at the end of June.
Environmental
• Lower Russell Levee – Expecting final 90% plans to be issued by King County next
week for review.
• Signature Pointe Levee - The Inter Local Agreement (ILA) with the Flood District was
executed, and we are moving ahead with preparing the project charter and
alternative analysis. We are working on preparing another ILA focused on property
purchases.
• Milwaukee II Levee - Completing the alternative analysis and preparing an ILA for
design and construction.
• Breda and McCoy Levees - Completing a draft ILA for acquisition and alternative
analysis, and preparing a project charter.
• FEMA - The appeal period for the preliminary flood hazard maps continues through
mid-July.
• Downey Farmstead - Utility relocation by PSE is under way with Century Link to
follow. The work needs to be done by the end of June for grant purposes. We have
received a clearing and grading permit for the work planned this summer, and 90%
plans have been prepared for review.
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Construction
• LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1):
o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in place
until the end of July, 2019.
o SR 167 Closures – During the week of June 25 crews will implement closures on
SR 167 nightly for the installation of bridge girders spanning the
roadway. Monday and Tuesday nights Southbound SR 167 will be fully closed
from 1:00 AM until 4:30 AM. Lane closures will begin at 10:00 PM. Wednesday
and Thursday nights Northbound SR 167 will be fully closed from 11:30 PM until
3:15 AM. Land closures will begin at 7:00 PM. Detour routes will be in place.
• 640 Pressure Zone PRV North: All PRVs anticipated to be in by the end of this week
(6/1) with private property restoration remaining. The project is approximately 95%
complete.
• 2018 Traffic Sign Replacement: The project is 70% complete. Signs and posts are
going up on earlier placed bases/anchors.
• Cambridge Reservoir Recoating and Fall Protection Improvements: Notice to Proceed
will be issued on Friday, June 1 and anticipates starting work in the middle of June.
• 228th St Grade Separation: The Interurban Trail has been closed for utility work
since, May 9th. The trail is expected to be reopened in early June.
• 2018 Asphalt Overlays: This project has been awarded to Icon Materials of Pacific,
WA.
• Kent Springs and Pump Station No. 4 Electrical Upgrades: Council has authorized the
award of this project to Colvico, Inc. of Spokane, WA.
• 2018 Paint Line Striping and RPM Replacement: Council has authorized the award of
this project to Stripe Rite, Inc. of Sumner, WA.
• 2018 Crack Sealing: Council has authorized the award of this project to C.R.
Contracting, LLC of Bend, OR.
Development/Utility Projects
o The Ridge Townhomes – Earthwork and grading on site is ongoing. Heavy
trucking for soil export will be taking place daily and on weekends. Sewer
pipe installation will resume on 88th Ave S next week following the soil export.
o Marquee on Meeker – Trucking of imported site fill material is near
completion. Utility installation on site is scheduled to follow.
o Kent Medical Office Building – The contractor has received approval to
complete a water main connection in Smith St at State Ave at night (9:00 PM
to 5:00 AM). This work has been rescheduled again and will proceed after the
Memorial Day holiday weekend.
o Sonic / Starbucks – Sonic is anticipating their certificate of occupancy by the
end of the month.
Land Survey and GIS
• Land Survey field staff continue design mapping for B & O projects, SE 260th
channelization and the Earthworks Park Sediment Pond.
• City Land Surveyor providing project support Easement locations for Mill Creek
Reestablishment and Russell Road Levee.
• GIS section continues working on database reorganization for the outward facing GIS
server and is on time for the August 2018 implementation.
• Continued GIS support of the Asset Management System procurement, Storm Ditch
Inventory project and the Drainage Sustainability briefing.
• Utility As-built and US Census work continues.
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Streets
• The Street Maintenance crews will set out reader boards on 132nd Ave N and S of
208th St. for grinding and paving on 132nd Ave N of 208th St.
• The Concrete Crew will be focusing on irrigation repairs located at Smith Street and
64th Avenue.
• The Signs and Markings Crews will be picking up traffic control from the Khalsa
Parade as well as setting out and preparing traffic control measures for the Saturday
Market.
Water
• Water Distribution staff are wrapping up the water main installation on Clark Avenue.
Once pressure testing and bacteriological sampling have been completed, five new
water services will be installed and the utility cuts will be paved. Clark Springs clear
well pump and motor have been rebuilt and is currently being reinstalled and tested.
Water staff members are attending trenching and shoring training at Green River
Community College, Kent Station campus.
Utilities
• Storm Crews will be cleaning and doing TV inspections for the 2018 overlays on West
Valley Highway and on Central up to the Burlington Northern Railroad Tracks. NPDES
crews will be doing ditch repairs on 127th Place at 226th Street, 120th Street at 118th
Place and at the 277th Corridor.
Fleet/Warehouse
• Fleet is preparing vehicles and equipment for the June 2 auction, setting up new
vehicles, emission testing, and scheduled and non-scheduled repairs.
# # #
PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 8A_
CONSENT CALENDAR
8. City Council Action:
Councilmember ________ moves,
Councilmember ________ seconds
to approve Consent Calendar Items A through I.
Discussion
Action
8A. Approval of Minutes.
Minutes of May 15, 2018, Workshop and Council Meeting – Approve
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Kent City Council Workshop May 15, 2018
Minutes Kent, Washington
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Page 1 of 2
Date: May 15, 2018
Time: 5 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Brenda Fincher, Councilmember - Absent
Satwinder Kaur, Councilmember
Dennis Higgins, Councilmember
Toni Troutner, Councilmember
Council President Boyce opened the meeting at 5:04 p.m.
Agenda:
Sound Transit Sounder Access Improvement Project
Chelsea Levy, Government & Community Relations Manager, provided a brief review
of the project timeline that included alternatives, development and screening,
environmental review and preliminary design, final design, construction, and the
planned opening to the public.
Melissa Flores Saxe, Project Development Director, advised that the board identified
Site 3 as the preferred alternative, advised of the estimated increased parking spaces
of 500-550, and potential non-motorized improvements.
Saxe provided an update on the status of preliminary engineering design phases:
Phased 1 – Alternative Analysis; Phase 2 – Conceptual Engineering & Environmental;
and Phase 3 – Preliminary Engineering that is set to begin in the Spring of 2019.
Saxe detailed the timeline of engineering and environmental activities from the
Spring of 2018 through the Spring of 2019.
Sound Transit will return to a Council workshop in the fall with the conceptual
engineering work and anticipate executing a contract amendment with the consultant
team to begin Phase 3 engineering.
Council suggested Sound Transit engineer the new garage so that additional floors
could be added at a later date.
228th/224th Street Corridor Funding Remaining Segments
Tim LaPorte, Public Works Director, provided a review of the transportation planning
for this project that began in 1984.
LaPorte provided in-depth details regarding the 196th, 228th and 277th Street Corridor
projects, including how they have been funded:
Kent City Council Workshop May 15, 2018
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Page 2 of 2
LaPorte provided information regarding the South 228th Street BNSF Grade
Separation project that opened in 2009 at a cost of $19.6 million. The South 228th
Street Overpass at UPRR is a more complex project that is expected to cost $43.1
million with $12 million in funds still needed. The City is working on one remaining
parcel for certification.
LaPorte indicated the East phase does not have federal funds, so work is continuing.
The South 224th Phase 1 is under construction at a cost of $23.4 million. Phase 2 is
under design and is expected to cost $6.9 million.
Carla Maloney, Design Engineering Manager provided information regarding
Connecting Washington Projects and inflation factors that are driving up construction
costs.
LaPorte indicated the South 228th project is ready to go out to bid, but the City needs
to find funding for the inflation factor.
Chad Bieren, Public Works Deputy Director, provided information regarding grants
that have been applied for.
LaPorte indicated that once the last piece of right-of-way has been acquired for the
South 228th Street Project, it will go through the accreditation process – Department
of Transportation certification, and then go ahead and advertise the project for bid.
LaPorte advised the Council that he will return to a workshop during the summer to
provide an update.
The meeting concluded at 5:57 p.m.
Kimberley A. Komoto
City Clerk
May 15, 2018
Kent City Council Regular Meeting May 15, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 8
Date: May 15, 2018
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Satwinder Kaur, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7 p.m. with Mayor Ralph presiding.
2. Roll Call
Mayor Ralph – Present
Council President Boyce - Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember - Present
Satwinder Kaur, Councilmember - Present
Les Thomas, Councilmember – Excused
Toni Troutner, Councilmember – Present
3. Changes to the Agenda
Council President Boyce moved to approve the agenda as presented,
seconded by Councilmember Higgins. The motion passed unanimously with
a vote of 5-0.
4. Public Communications
A. Public Recognition
i. Swearing in of Chief Padilla
Mayor Ralph performed the swearing in of Chief Rafael Padilla. Chief Padilla
expressed his appreciation of the opportunity to serve as the City of Kent
Police Chief.
ii. Representative Tina Orwall – Legislative Update – Session Wrap-up
Representative Tina Orwall provided an update on recent legislative activity,
including the number of bills introduced and signed by the Governor,
provided highlights including housing trust fund/homelessness statewide
drug take back, net neutrality, student load debt bills, K-12 teacher
compensation, special education, and pathways. Rep. Orwall indicated some
of the disappointments include not fixing the car tab miscalculation, property
taxes, public records, and streamlined sales tax.
Kent City Council Regular Meeting May 15, 2018
Minutes Kent, Washington
Pending Approval
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Information was presented regarding SOAR HB 1169, abandoned properties
HB 2057, suicide prevention, and the airport impact study. The Capital
Budget 2017-19 was enacted that included funding for the Kona Kai Coffee
training center, YMCA Building Communities Grant, Mill Creek Flood Control
Project, Puget Sound Skills Center, and Sea Mar dental capacity.
Priorities for the next session include youth and firearms, human trafficking,
language access, K-12 suicide prevention, affordable housing/workforce
housing, and apprenticeships.
Council expressed their appreciation of Rep. Orwall’s work and asked her to
make streamlined sales tax a priority.
iii. Community Arts Support Grant Recipient
Lindsey Schumway provided information regarding the grant that she wrote
and ultimately received ½ of the grant amount requested for community arts
support. Schumway showed a Powerpoint of the project that benefitted 3,000
students. Schumway unveiled the “Love begins with me” project that was
created with the use of the grant funds.
iv. Kent Lions Club Recognition
Brian Levenhagen, Deputy Parks Director recognized the Kent Lions Club’s
80 years of serving the Kent Community and provided details regarding
projects including Cornucopia Days, the Kent Farmers Market, Winterfest at
Town Square Plaza, the special needs fishing derby, multiple projects
supporting Kent Parks, and projects that benefit the Kent Senior Center.
v. Proclamation for National Police Week
Mayor Ralph presented the Proclamation for National Police Week to Chief
Padilla and the police department.
vi. Proclamation for National Public Works Week
Mayor Ralph presented the Proclamation for National Public Works Week to
the City’s Public Works staff. Katie Fischnaller, Storm Maintenance Worker,
provided details regarding the public works event that will be held at the
accesso ShoWare Center on May 31st from 10 am – 3:30 p.m. Information is
available at KentWA.gov.
vii. Proclamation for Relay for Life – Kent Days
Mayor Ralph presented the Proclamation for Relay for Life – Kent Days to
Shannon Crawford.
viii. Proclamation for Kent International Day
Mayor Ralph presented the Proclamation for Kent International Day to
members of the Kent International Festival committee members. This year’s
festival will be held at the accesso ShoWare Center on Saturday, June 2nd
Kent City Council Regular Meeting May 15, 2018
Minutes Kent, Washington
Pending Approval
Page 3 of 8
with the theme “Learn from Each Other.” Nancy Skipton expressed her
appreciation of the proclamation and of the volunteers that help to put on
the event.
B. Community Events
Council President Boyce provided information regarding recent and upcoming events
at the accesso ShoWare Center. Visit accessoShoWareCenter.com for additional
details.
Councilmember Kaur invited the public to attend the Rotary Fishing Event on May
19th from7:30 a.m. – noon at the Old Fishing Hole. The event is free, and all supplies
are provided. Call 253-856-5030 to register.
Councilmember Kaur invited the public to attend the Khalsa day parade at the access
Showare Center Saturday May 26th, parade begins at 3 p.m.
C. Public Safety Report
Chief Padilla presented a lifesaving award to Officer Daniel Ross and Officer James
Sherwood for their lifesaving efforts using CPR and an AED.
Chief Padilla presented the Chief’s Award of Citizen Commendation to Jacob Terrell
for his contribution to helping arrest and charge a suspect with a crime.
Chief Padilla indicated today is national Peace Officers Memorial Day and this is
National Police Officers Appreciation Week. Padilla expressed his appreciation of the
community support for the police department.
Chief Padilla provided information regarding the racer emphasis that took place over
the last weekend that resulted in 22 arrests, 17 vehicles impounded, and 10 vehicles
that were left behind. Chief Padilla indicated the racer emphasis will continue.
5. Reports from Council and Staff
Mayor Ralph
Mayor Ralph advised that Pacific Metallurgical received the gold award for the 2018
Washington’s Manufacturer of the Year.
Mayor Ralph advised that she had the opportunity to speak to students during the
Civic Tuesday event held at Highline Community College.
Mayor Ralph advised that she attended the Flood Control Advisory Meeting this week
and attended the WRIA 9 meeting that focused on salmon habitat.
Mayor Ralph indicated the Transportation Policy Board continues their work on the
Vision 2050.
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Pending Approval
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Mayor Ralph advised that during the South County Area Transportation Policy Board
meeting, there was a presentation from Metro Connects and that she is making sure
consideration is given to making access to transit available to shift workers in Kent.
Chief Administrative Officer
Derek Matheson advised that he recently attended the International City County
Manager’s Association West conference.
Matheson indicated two save-the-dates for the Mayor and Council: Tuesday, June
12th at 5 p.m., to interview the seven finalists for City Council Position No. 1. The
date will be finalized after Councilmember Thomas returns, and Friday, July 13th for
the second budget mini-retreat to be held at 1:30 p.m. at the Platform Apartments.
Matheson advised his report is in today’s agenda packet and there is no executive
session
Council President Boyce
Boyce provided a brief recap of tonight’s City Council workshop regarding the Sound
Transit Sounder Access Improvement Project and 228th/224th Street Corridor Funding
Remaining Segments.
Boyce serves on the Sound Cities Association’s Public Issues Committee. The Medic
One Medical Services Levy will be reauthorized for 2020-2025.
Boyce advised that Mayor Ralph sits on the One Table committee that is looking for
solution to homelessness.
Boyce advised that the Best Starts for Kids committee met last week and discussed
sending a proposal to King County for zero detention for youth ages 9-15-year old’s.
Councilmember Kaur
Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air
Agency Advisory Council. She was elected as the Chair. The staff heard a
presentation focusing on recommendations to the Puget Sound Regional Council that
included low carbon fuel standards. Additionally, air quality sensors were discussed
including the inaccuracy of hand held, online versions. The Puget Sound Clean Air
Agency is working on a project to calibrate devices and lend to the public.
Councilmember Kaur serves on the Sound Cities Association Growth Management
Planning Council. No report.
Councilmember Higgins
Councilmember Higgins is the Chair of the Public Works Committee. Meeting notes
are in the minutes and are available online.
Kent City Council Regular Meeting May 15, 2018
Minutes Kent, Washington
Pending Approval
Page 5 of 8
Higgins serves as an alternate on the Regional Transit Committee. Tomorrow’s
meeting agenda includes discussion on the Transit Capital Program and Innovative
Mobility.
Councilmember Troutner
Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety
and Justice Committee. No report.
Troutner is the chair of the Public Safety Committee. No report.
Troutner serves on the Puget Sound Regional Fire Authority Governance Board. No
report.
Councilmember Fincher
Councilmember Fincher serves on the Arts Commission that is dedicating the artwork
on the utility boxes that will be held on May 30, 2018 at noon at the Kent Commons.
The Arts Commission is working on the integration of public art with the Meet Me on
Meeker projects, including planning for the public art.
Fincher advised that the summer art exhibit will be held on June 6, 2018, at the
Centennial Center starting at 5 pm. Artists will be in attendance.
Fincher is the chair of the Parks and Human Services Committee. There is a Green
Kent Day at Park Orchard Park on June 10, 2018, from 9-noon.
Fincher serves on the Sound Cities Association Mental Health and Drug Dependency
Oversight Committee. No report.
Fincher serves on the Sound Cities Association King Conservation District Advisory
Committee. No report.
6. Public Hearing
None
7. Public Comment
Tim Brown, a Kent resident, spoke in opposition to placing Proposition A on the ballot
again in 2018 and suggested trying again next year.
Mayor Ralph responded that Proposition A will not be placed on the ballot again in
2018.
Austin Freeman, a Des Moines resident, thanked Mayor Ralph for the opportunity to
job shadow her today. Austin spoke regarding Proposition A.
Kent City Council Regular Meeting May 15, 2018
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Pending Approval
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Grant Weasner, a Kent resident, spoke in opposition to the proposed residential
neighborhood zone parking ordinance.
8. Consent Calendar
Council President Boyce moved to approve the Consent Calendar Items A
through F, seconded by Councilmember Higgins with the change to item 8.A
changing the date of the minutes from May 15 to May 1, 2018.
The motion passed unanimously with a 5-0 vote.
A. Minutes of May 1, 2018 Workshop and Council Meeting – Approve
Minutes of the May 1, 2018 Workshop and Council meeting were approved.
B. Payment of Bills – Approve
Bills received through April 15, 2018 and paid on April, 2018 were approved. The
Operations Committee audited the payment of bills on May 1, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
04/15/18 Wire Transfers 7475 - 7491 $2,220,334.49
04/15/18 Regular Checks 723405 - 723728 $584,311.76
04/15/18 Payment Plus 100833 - 100850 $102,018.98
Void Checks
04/15/18 Use Tax Payable $4,247.32
$2,910,912.55
Approval of checks issued for payroll for April 1, 2018 through April 15, 2018
and paid on April 20, 2018:
Date Check Numbers Amount
4/20/2018 Checks 0
Voids and Reissues
4/20/2018 Advices 406668 - 407598 $1,769,191.90
$1,769,191.90
C. Excused Absence for Councilmember Thomas - Approve
Council approved an excused absence for Councilmember Thomas.
D. School Zone Traffic Safety Camera Program Fund Expenditures –
Approve
Council approved the expenditure of $868,000 from the School Zone Traffic Safety
Camera Fund, amend the budget, and authorize the Mayor to sign all documents
necessary to purchase 14 police vehicles in order to initiate a car-per-officer program,
subject to final terms acceptable to the Police Chief and City Attorney.
Kent City Council Regular Meeting May 15, 2018
Minutes Kent, Washington
Pending Approval
Page 7 of 8
E. CORE Networking Routing Contract for Technical Hardware Upgrade
– Authorize
The Mayor was authorized to purchase technology equipment through the
cooperative purchasing agreement that the State Department of Enterprise Services
has with Cisco Systems, Inc., if those purchases are within the City’s established
budgets and made during the term of the State contract, which is current through
March 31, 2019, and any later contract extensions the State may authorize, subject
to final terms and conditions acceptable to the Information Technology Director and
City Attorney.
F. South 228th Street Interurban Trail Connector Project Acceptance of
Grant Funds – Accept
The Mayor was authorized to sign the grant agreement to accept grant funds from
the Washington State Department of Commerce in the amount of $485,000 for the
South 228th Street Inter-Urban Trail Connector Project, establish a budget for the
funds, subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
9. Other Business
None.
10. Bids
A. 2018 Crack Sealing Project – Award
Tim LaPorte, Public Works Director, provided a brief overview of the 2018 crack
sealing project.
Councilmember Higgins moved to award the 2018 Crack Sealing Project to
C.R. Contracting in the amount of $130,115.00, and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director. Seconded by
Councilmember Fincher, motion passed 5-0.
B. 2018 Paint Line Striping and RPM Replacement Project – Award
Tim LaPorte, Public Works Director, provided a brief overview of the 2018 paint line
striping and RPM replacement project.
Councilmember Higgins moved to the 2018 Paint Line Striping and RPM
Replacement Project to Stripe Rite, Inc., in the amount of $256,855.00, and
authorize the Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
Seconded by Councilmember Troutner, motion passed 5-0.
C. Kent Springs and Pump Station No. 4 Electrical Upgrades Project –
Award
Tim LaPorte, Public Works Director, provided a brief overview of the Kent springs and
pump staton No. 4 electrical upgrades project.
Kent City Council Regular Meeting May 15, 2018
Minutes Kent, Washington
Pending Approval
Page 8 of 8
Councilmember Higgins moved to the Kent Springs and Pump Station No. 4
Electrical Upgrades Project to Colvico, Inc., in the amount of $1,102,943.14
and authorize the Mayor to sign all necessary documents, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director. Seconded by Councilmember Fincher, motion passed 5-0.
11. Executive Session and Action after Executive Session
None
12. Adjournment
Mayor Ralph adjourned the meeting at 8:35 p.m.
Kimberley A. Komoto
City Clerk
May 15, 2018
Agenda Item: Consent Calendar – 8B_
TO: City Council
DATE: June 5, 2018
SUBJECT: Nullification of Approval of Bills Received Through April 15, 2018 –
Authorize
SUMMARY: On May 15, 2018, the City Council approved the payment of the bills
received through April 15, 2018, paid on April 15, 2018, and audited by the
Operations Committee May 1, 2018, as follows:
Approval of checks issued for vouchers:
Date Check Numbers Amount
04/15/18 Wire Transfers 7475 - 7491 $2,220,334.49
04/15/18 Regular Checks 723405 - 723728 $584,311.76
04/15/18 Payment Plus 100833 - 100850 $102,018.98
Void Checks
04/15/18 Use Tax Payable $4,247.32
$2,910,912.55
The dollar amounts approved were incorrect and must be nullified. Consent 8C of this
June 5, 2018, City Council agenda will approve the correct amounts.
The Approval of checks issued for payroll for April 1, 2018 through April 15, 2018, and
paid on April 20, 2018, were correct in the May 15, 2018, City Council agenda, but
because they were approved under the same motion as the incorrect approval of
checks issued for vouchers, the approval must be nullified. Consent 8C of this June 5,
2018, City Council agenda will approve the following amounts:
Date Check Numbers Amount
4/20/2018 Checks 0
Voids and Reissues
4/20/2018 Advices 406668 - 407598 $1,769,191.90
$1,769,191.90
MOTION: Authorize the nullification of the City Council’s May 15, 2018,
approval of the bills received through April 15, 2018, paid on April 15,
2018, the approval of checks issued for payroll for April 1, 2018 through
April 15, 2018, and paid on April 20, 2018, and audited by the Operations
Committee on May 1, 2018.
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Agenda Item: Consent Calendar – 8C_
8C. Approval of Bills:
Approval of payment of the bills received through April 15, 2018 and paid on
April 15, 2018. The Operations Committee audited the payment of bills on May
1, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
04/15/18 Wire Transfers 7475 - 7491 $2,220,334.49
04/15/18 Regular Checks 723405 - 723728 $1,251,537.79
04/15/18 Payment Plus 100833 - 100850 $102,018.98
Void Checks
04/15/18 Use Tax Payable $4,247.32
$3,578,138.58
Approval of payment of the bills received through May 15, 2018 and paid on May
15, 2018. The Operations Committee audited the payment of bills on May 15,
2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
05/15/18 Wire Transfers 7492 - 7508 $2,657,729.85
05/15/18 Regular Checks 723729 - 724156 $5,533,333.27
05/15/18 Payment + 100851 – 100872 $134,547.91
Void Checks ($85.00)
05/15/18 Use Tax Payable $492.92
$8,326,018.95
Approval of checks issued for payroll for April 1, 2018 through April 15, 2018 and
paid on April 20, 2018:
Date Check Numbers Amount
4/20/2018 Checks $0.00
Voids and Reissues
4/20/2018 Advices 406668 - 407598 $1,769,191.90
$1,769,191.90
Approval of checks issued for payroll for April 16, 2018 through April 30, 2018
and paid on May 4, 2018:
Date Check Numbers Amount
5/4/2018 Checks $0.00
Voids and Reissues
5/4/2018 Advices 407599 - 408533 $1,725,030.98
$1,725,030.98
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Agenda Item: Consent Calendar – 8D_
TO: City Council
DATE: June 5, 2018
SUBJECT: Legislative Lobbying Services Agreement - Authorize
SUMMARY: After 19 years of distinguished service to the City of Kent, Doug Levy of
Outcomes by Levy ended his contract for state legislative lobbying services at the end
of April. Following discussions with Levy and consultation with members of Kent’s
legislative delegation, the Mayor’s Office recommends Briahna Murray of the Tacoma
firm Gordon Thomas Honeywell Government Affairs as the City’s new contract
lobbyist. Murray currently represents the cities of Tacoma and Bellevue as well as
several smaller cities, including nearby Covington and SeaTac. She uses a team
approach in which she is the lead for most of her larger clients’ issues (to include
Kent’s issues) and her staff is the lead for most of her smaller clients’ issues.
The chief administrative officer entered into a short-term contract for May and June to
ensure no gap in services while the City worked on time-sensitive issues like
streamlined sales tax mitigation and State Route 509 funding. The attached draft
contract is for July 2018 through December 2019. It is nearly identical in scope to the
contract with Outcomes by Levy and has the same annual fee.
EXHIBITS: Consultant Services Agreement
RECOMMENDED BY: Operations Committee
YEA: Troutner, Higgins, Boyce NAY:
BUDGET IMPACTS: $72,000 per year
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Gordon Thomas Honeywell Government Affairs, subject to final terms
and conditions acceptable to the Chief Administrative Officer and the City
Attorney.
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Gordon Thomas Honeywell Government Affairs LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Gordon Thomas Honeywell Government Affairs LLC organized under the laws
of the State of Washington, located and doing business at 1201 Pacific Ave. #2100, Tacoma, WA 98402,
(253) 620-6474 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Scope of Work:
The following outlines the scope of work under this Agreement. Specific work plans shall be
developed mutually and reviewed on a regular basis.
• Assist with issue identification and legislative agenda development through internal
meetings with Department heads and senior staff, and Kent-area legislative delegation
contacts prior to each Legislative Session.
• Continue to monitor and identify problems and opportunities for Kent with issues
under consideration by the State Legislature and state agencies, including transportation,
fiscal resources, infrastructure needs, flood control and levee issues, and environmental
matters.
• Monitor and report legislation of concern to Kent during Legislative Sessions, working
with the Mayor’s Office to provide regular status reports and to advocate for Kent on
relevant issues.
• Assist city staff in developing fallback and compromise positions when appropriate.
• Assist with pursuit of funding for Kent projects, particularly through the state
budgets.
• If requested by the city, assist Kent on regional issues that intersect with the city’s
state legislative issues.
• If requested by the City, inquire into federal issues that impact the City of Kent.
However, GTHGA would not be expected to register as lobbying for the City at the federal
level.
• If requested by the city, assist Kent in working through issues and problems with
state regulatory issues.
Reporting and Communication:
The Consultant shall communicate with designated staff regarding work under this
Agreement. During the legislative session, the consultant shall provide a weekly legislative
report, and at other times through the legislative interim as necessary.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I on December 31, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$108,000, plus applicable Washington State sales tax, for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Briahna Murray, Vice President
Gordon Thomas Honeywell Government Affairs
1201 Pacific Ave. #2100
Tacoma, WA 98402
(253) 620-6474 (telephone)
[Insert Fax Number] (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Derek Matheson, Chief Administrative Officer
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5700 (telephone)
(253) 856-6700 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
P:\Consultants\Lobbyist\Briahna-Gordon Thomas Honeywell/ConsultantServicesAgreement-Over20K
EXHIBIT A
BILLING RATES
$6,000 per month. In addition, the City shall reimburse the Consultant for
expenses incurred while doing business on the City’s behalf, which shall be limited
to communication expenses (i.e. cell phone), mileage at the State of Washington’s
standard reimbursement rate, and other travel and conference/meeting expenses
where such attendance is directed by the City. Where such expenses are incurred
in connection with work on legislative or regulatory issues affecting the Contractor’s
other relevant clients, these expenses shall be pro-rated to the maximum extent
practicable.
EXHIBIT B
INSURANCE REQUIREMENTS
No insurance is required.
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
GORDON THOMAS HONEYWELL GOVERNMENTAL AFF
PO BOX 1677
TACOMA, WA 98401
City of Kent
Business License
Per RCW 82.14 local sales
and use tax must be coded
No. 1715 for all qualified
sales within the city of
Kent.
BUSINESS LICENSE
LICENSE MUST BE PAID ANNUALLY BY
JANUARY 1st TO AVOID PENALTY
Issuance of License Does Not Imply Licensee's
Compliance with State and Local Laws
THIS LICENSE MUST BE POSTED IN A CONSPICUOUS
PLACE. NOT TRANSFERABLE OR ASSIGNABLE
NAME AND ADDRESS OF BUSINESS
MAYOR
The City of Kent
At 220 4TH AVE SO
KENT, WASHINGTON 98032
BLOC-2180509
2018
GORDON THOMAS HONEYWELL GOVERNMENTAL
Please tear at perforation
1201 PACIFIC AVE STE 2100
TACOMA, WA 98402
Tax Registration
Endorsement
This page intentionally left blank.
Agenda Item: Consent Calendar – 8E_
TO: City Council
DATE: June 5, 2018
SUBJECT: Update to Purchasing and Contracting Code Provisions Ordinance –
Adopt
SUMMARY: This ordinance will make four primary revisions to the City’s current
contracting code provisions:
1. Technology Exception. First, the ordinance creates an exception to the
competitive bid requirement for technology contracts. Currently, technology contracts
are subject to the same competitive bid requirements that apply to other purchases.
However, technology must integrate with the City’s existing operating system and
programs. Often times, a particular product from a particular manufacturer is needed
or preferred—the purchase is simply not interchangeable. Under the City’s current
code, staff must prepare a memo to the Mayor requesting a competitive bid waiver,
which requires work of IT staff, the City Attorney’s Office, the Mayor’s Office, and the
Clerk’s Office. This exception will create efficiencies and save staff time and resources
by alleviating the need for this memo. While technology purchases will be exempt
from competitive bidding, staff will still be required to use reasonable efforts to obtain
the best price available under the circumstances, and the resulting contract must be
approved by Council if it is over $65,000.
2. Contract Amendments. Second, the ordinance removes the individual change order
limit that currently exists ($20,000 for directors and $65,000 for the mayor), while
leaving intact the collective limitation that currently exists (the greater of: 10% of the
original contract amount or $65,000 for directors, or 20% of the original contract
amount or $130,000 for the Mayor). Directors or the Mayor may only exercise their
authority if funds exist within the budget. Any change orders outside of this authority,
or which cannot be paid from the existing budget, must be approved by council.
3. Reporting Requirement. Third, at the suggestion of the Operations Committee, the
ordinance removes the current reporting requirement to Council of contracts greater
than $25,000, and leases valued at $25,000 or less, that are signed by the Mayor and
within the authority granted by Council through Chapter 3.70 KCC.
MOTION: Adopt Ordinance No. _____, that creates a competitive bid
exception for technology contracts, clarifies authority concerning contract
amendments, removes reporting requirements for some contracts and
leases, and makes other minor housekeeping revisions.
4. Housing-keeping Changes. Finally, other housekeeping revisions were made (a) to
clarify and distinguish between piggybacking and purchasing through a purchasing
cooperative, and (b) to codify who may sign amendments (often referred to MOUs) to
union agreements entered into between the City and its various bargaining units—
authority is expressly delegated to the HR Director (financial impact of $65,000 or
less) and the Mayor (financial impact of $130,000 or less), if the financial impact
associated with the amendment can be fully paid from the existing budget. Any
amendment that falls outside of that authority will require Council approval.
EXHIBITS: Ordinance
RECOMMENDED BY: Operations Committee
YEA: Troutner, Higgins, Boyce NAY:
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
1 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 3.70
of the Kent City Code, entitled “Public Contracting
and Procurement,” to: (1) create a competitive bid
exception for technology contracts; (2) clarify
authority concerning contract change orders and
amendments; (3) remove reporting requirements
for some contracts and leases; and (4) make other
minor housekeeping amendments.
RECITALS
A. In 2015, the City revised its code provisions concerning
competitive bidding and contract approval. In the years that have since
passed, it was discovered that several provisions could benefit from
clarification, particularly those concerning contract change orders and
amendments. In an effort to bring equity between small dollar and multi-
million dollar contracts, this ordinance clarifies the authority Council has
delegated to department directors and the Mayor when a contract change
order or amendment is required.
B. It is also appropriate to exempt technology purchases from
current competitive bid requirements, including purchases of hardware,
software, maintenance, and associated technical support, training, and
licensing. When technology purchases are made, the City’s focus in on
finding a product that best meets the City’s needs and can be
implemented in the existing technological ecosystem and interface with
existing programs and systems. Often times, a particular product from a
2 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
particular manufacturer is needed or preferred—the purchase is simply not
interchangeable as it is for purchases of office supplies or furniture. While
technology purchases will be exempt from competitive bidding, staff will
still be required to use reasonable efforts to obtain the best price available
under the circumstances. In addition, these technological purchases will
still be subject to the existing contract approval process, which requires
Council approval of all contracts greater than $65,000.
C. The 2015 ordinance also established two reporting
requirements that required City Administration to report to Council, on a
quarterly basis, all contracts the Mayor entered into that were greater than
$25,000, or real property leases that were valued at $25,000 or less.
Having made these reports over the past 3 years, it has been determined
that the benefit the reports conferred on Council was not worth the effort
expended by staff to create them. For that reason, this ordinance removes
these reporting requirements.
D. Finally, other housekeeping amendments were made to clarify
and more clearly distinguish between when the City is making a purchase
through a purchasing cooperative and when the City is piggybacking on
another agency’s competitive bid process to satisfy the City’s local
competitive bid process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Amendment – KCC 3.70.110. Section 3.70.110 of the
Kent City Code, entitled “Exceptions to competitive bidding requirements,”
is amended as follows:
Sec. 3.70.110. Exceptions to competitive bidding
requirements. The competitive bidding requirements set forth in KCC
3 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
3.70.080 and 3.70.090 shall not apply to those instances set forth in this
section. Nothing in this section can act to waive the authorization
requirements established in Part 4 of this chapter, KCC 3.70.210 through
3.70.240.
A. Waiver for purchases. The mayor may waive the bidding
requirements for the purchase of goods, materials, equipment, or services
that are not part of a public work upon a finding that:
1. The purchase is clearly and legitimately limited to a single
source of supply within the near vicinity; or
2. The purchase is subject to special market conditions, or
involves special facilities or services; or
3. The bidding requirements would otherwise not be practicable
or in the city’s best interests under the circumstances.
If a waiver is appropriate, the director shall prepare a memo to the mayor
outlining the reasons for the requested waiver. If the mayor authorizes the
waiver, the purchase may be completed by direct negotiation. The
document evidencing the waiver granted by the mayor shall be maintained
with the contract on file with the city clerk’s office in accordance with KCC
3.70.050.
B. Waiver in emergency. When any emergency, including a public work
emergency, requires the immediate execution of any contract, or
authorization of any purchase, work, or change order or amendment to an
existing contract, the mayor shall have the power to waive competitive
bidding requirements and award all contracts necessary to address the
emergency situation.
1. Emergency defined. An emergency, as that term is used in
this section, shall have the same meaning as provided in RCW
39.04.280(3), as the same may be later amended.
2. Emergency declared. If the competitive bidding requirements
of this chapter are waived due to an emergency, the mayor shall issue a
4 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
written finding of the existence of an emergency. This written finding,
along with the resulting contract, shall be on file with the city clerk’s office
and available for public inspection no later than two (2) weeks after the
contract is awarded. If an emergency procurement or contract exceeds
sixty-five thousand dollars ($65,000), the city council shall be
subsequently notified, but formal council ratification is not required.
C. Professional and technical consultant contracts. Contracts entered
into with professional or technical service consultants are not required to
follow the competitive bidding requirements provided for in KCC 3.70.080,
but may be entered into through direct negotiations. In contracting with
professional or technical service consultants, it is incumbent on staff to
seek the best price available under the circumstances, acting not only
under existing market conditions, but also as a cautious steward of city
resources. The following is a nonexclusive list of the type of professional or
technical service consultants to which this subsection is intended to apply:
1. Licensed consultants. Consultants whose practice is certified
or licensed by the state Department of Licensing, other state board, or
similar agency, including, without limitation, real estate appraisers and
brokers, attorneys, and accountants. This exception, however, does not
apply to consultants who perform architectural, engineering, and land
surveying services, which are subject to the provisions of KCC 3.70.070.
2. Health care and investment contracts. Contracts entered into
by the city to provide employee health care insurance coverage, or to
provide employee investment services.
3. Administration services for liability claims and workers’
compensation claims. Contracts entered into by the city for insurance
brokerage services, third-party administrator services for liability claims,
and third-party administrator services for workers’ compensation claims.
4. Professional training and employee recruitment. Contracts
entered into by the city to provide professional development or other
5 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
training to city employees, volunteers, or elected officials, or to recruit for
high level or specialized employee positions.
D. Technology contracts. In consultation with the City’s technology
department, purchases of hardware, software, maintenance, and
associated technical support, training, and licensing, may be made without
regard to the bidding requirements provided for in KCC 3.70.080 and KCC
3.70.090 and may be entered into through direct negotiations. However,
staff shall make reasonable efforts to obtain the best price available under
the circumstances.
ED. Cultural performances, events, and public art. The performers and
artists selected by the cultural programs division of the city’s parks,
recreation, and human services department to perform at various events,
to create public art for the city, or the contractors and vendors hired to
provide services and equipment related to those performances, events,
and art are solicited based on artistic quality, balance of genres,
prominence, marketability, technical requirements, and ability to
coordinate those events with minimum city staff involvement. Given the
unique nature of these performers and artists and the need for multiple
individuals and contractors to work together to successfully coordinate and
conduct each performance or event, contracts to retain performance or
artistic services or to conduct a performance or other cultural event,
including without limitation support services provided by sound
technicians, caterers, or other similar trades, are not required to follow the
competitive bidding requirements provided for in KCC 3.70.080, but may
be entered into through direct negotiations with the city.
FE. Interlocal agreements or cooperative purchase agreements. The
bidding procedures for purchases established under this chapter need not
apply to interlocal agreements or cooperative purchase agreements with
another public agency or agencies for joint or cooperative action.
Interlocal agreements should, however, include the minimum standards
6 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
provided for in Chapter 39.34 RCW. While this exception waives any
competitive bid process, the interlocal agreement or cooperative purchase
agreement must still be authorized in accordance with Part 4 of this
chapter, unless the city attorney is consulted and advises otherwise.
GF. Use of another public agency’s bidding procedures. The competitive
bidding procedures established in this chapter shall not apply to purchases
made from a contractor or vendor who was awarded a contract using
another public agency’s established procurement process for substantially
the same purchase. The city’s reliance on the other public agency’s
process shall constitute compliance with the bid requirements of this
chapter.
1. Public works exclusion. Another public agency’s bidding
process cannot be relied upon for public works projects above the bid
threshold provided in KCC 3.70.090(B), including goods, materials, or
equipment procured for inclusion in a public work.
2. Interlocal agreement recommended. The city and the public
agency upon whose bid the city intends to rely should enter into an
interlocal agreement that allows the city to piggyback or buy off of the
other public agency’s awarded contract.
23. Contract and authorization required. Once any competitive
bid process is satisfied under this section, a contract between the city and
the awarded contractor or vendor is required and must be authorized in
accordance with Part 4 of this chapter, unless the city attorney is
consulted and advises otherwise.
HG. Delegated purchasing authority.
1. Purchases. Purchases made by a third party under purchasing
authority delegated to it through a contract approved by the city council
are not required to follow the competitive bidding requirements provided
for in KCC 3.70.080. As an example, this waiver would apply to an
operator the city has entered into a contract with to operate and maintain
a public facility. Under this waiver, if the operator’s contract provided the
7 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
operator was to purchase all paper or catering supplies, that purchase
would not be subject to the competitive bid process set forth in KCC
3.70.080.
2. Kent Special Events Center (ShoWare Center). Management
and operation of the ShoWare Center is unique to city operations. Efficient
management requires flexibility to move quickly to respond to market
requirements for concerts, sporting events, and other offerings. The
ShoWare Center operator, a national company that operates similar
venues throughout the United States, also has access to special pricing
and conditions that otherwise might not be available if the city operated as
a stand-alone enterprise. Based on this unique venue and with the
continuing obligation that the operator always obtain the best available
pricing on all purchases of goods or services, the ShoWare Center operator
is authorized to purchase goods or services as needed so long as the
operator does not exceed the established budget and so long as purchases
over twenty-five thousand dollars ($25,000) are first approved by the
chief administrative officer or his or her designee. In addition to any
contract obligation, the operator will also provide the mayor and council
with a monthly audit report documenting financial activities at the
ShoWare Center.
3. Public works. While council may delegate in a contract the
authority for a third party to procure a public work, the third party shall
comply with any required competitive bid process applicable to the city for
the public work.
IH. Pass-through grant agreements. Contracts the city enters into with
community-based social and human service providers, including
subrecipients of grant funds received from the Community Development
and Block Grant (CDBG) Program, are not required to follow the
competitive bidding requirements provided for in KCC 3.70.080 for
purchases, but may be entered into through direct negotiations with the
8 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
city, or in accordance with any competitive process required under federal
or state law as a condition of the grant.
JI. Pass-through fee contracts – No financial impact to city. Service
contracts entered into at no or a nominal cost to the city, but result in any
associated fee or charge being passed through to a party other than the
city, including but not limited to an agreement with a collection company,
need not comply with the competitive bidding requirements provided for in
KCC 3.70.080 and may be entered into through direct negotiations with
the city.
KJ. Community service organizations. The city may enter into contracts
with community service organizations without regard to the bidding
requirements provided for in KCC 3.70.080. If the community service
organization will perform a public work or improvement project, the value
of the community service organization’s contribution will not be included
within the public work’s bidding threshold under KCC 3.70.090 only if the
requirements of RCW 35.21.278, as the same may be later amended, are
met, including:
1. The organization is a chamber of commerce; a service
organization; a community, youth, or athletic association; or other similar
association located and providing service in the immediate neighborhood;
2. The work the organization will perform involves drawing
design plans, making improvements to a park or public square, installing
equipment or artwork, or providing facility maintenance services as a
community or neighborhood project;
3. The value of the benefit the city receives from the public work
or improvement is at least equal to three (3) times that of the city’s
payment to the organization to reimburse the organization for its
expenses; and
4. All payments made by the city to qualifying service
organizations in any one (1) year under this competitive bid exception
9 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
does not exceed two dollars ($2) per resident or twenty-five thousand
dollars ($25,000), whichever amount is greater.
LK. Auctions. The city may purchase supplies, equipment, or materials
at auctions conducted by the United States government or any of its
agencies, or by the state of Washington and any of its political
subdivisions, without being subject to the bidding requirements of this
chapter.
ML. Recycled products. Nothing in this chapter shall prohibit the city
from preferentially purchasing products made from recycled materials or
products that may be recycled or reused, pursuant to Chapter 3.80 KCC or
Chapter 43.19A RCW.
SECTION 2. – Amendment – KCC 3.70.210. Section 3.70.210 of
the Kent City Code, entitled “Contract required and approval necessary,” is
amended as follows:
Sec. 3.70.210. Contract required and approval necessary.
After complying with the competitive bidding process provided for within
Part 2 or Part 3 of this chapter, all work or any purchase authorized with a
particular vendor, consultant, or contractor that cumulatively is expected
on a particular project to exceed an annual amount of twenty thousand
dollars ($20,000) must be in writing, and approved according to the
authority provided for within this Part 4. The thresholds provided in this
section are to be evaluated based upon the total cost of the purchase or
work, including applicable sales tax.
A. Contract log. The city clerk will maintain a log of all new contracts
executed by the city and delivered to the city clerk’s office in accordance
with KCC 3.70.050. Each department must confirm that all contracts are
routed to the city clerk’s office. The operator of the Kent Special Events
Center (ShoWare Center) will also maintain a record of all contracts
entered into over twenty-five thousand dollars ($25,000) and report those
10 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
contracts to the city clerk. The city clerk will provide a quarterly report of
all new contracts executed by the city during the prior quarter that are
greater than twenty-five thousand dollars ($25,000) and not previously
approved by council.
B. Exception to contract requirement. If sufficient funds exist in the
approved budget, a written contract may not be required if: (1) another
agency’s bid process was relied upon as authorized under KCC
3.70.110(F); (2) contracts bid or negotiated by another agency allow the
city to receive under that contract on substantially the same terms; and
(3) the city attorney has determined the contract between the bidding
agency and the awarded contractor or vendor sufficiently protects the
interests of the city.
SECTION 3. – Amendment – KCC 3.70.220. Section 3.70.220 of the
Kent City Code, entitled “Director approval,” is amended as follows:
Sec. 3.70.220 Director Approval. Directors may approve work or
purchases, and have signatory authority to execute any requisite contract,
for the following:
A. Contracts – $20,000 or less. All purchases or work authorized by a
director and valued at $20,000 or less should be memorialized in a written
contract. Any contract or procurement in the amount of $20,000 or less,
which can be paid from the originating department’s existing annual
budget, may be approved and signed by the director.
B. Change orders or contract amendments. The director is authorized
to approve and sign the following contract change orders or amendments:
1. Change orders or contract amendments that involve no
increase in the contract amount, such as only an extension of time for the
contractor to perform.
2. Individual change orders or contract amendments that do not
exceed the original contract amount by more than $20,000, Change
11 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
orders or contract amendments that collectively cumulatively do not
exceed are within 10 percent or $65,000 of the original contract amount,
including any applicable taxes, whichever amount is greater., if:
This change order approval authority may only be exercised if sufficient
funds remain in the approved project or department budget to pay the
change order or amendment amount.
C. Grant applications, award agreements, bequests, donations, or
other gifts – $25,000 or less. The director may approve and sign all grant
applications, unless the application itself requires otherwise. The director
may also accept any grant, bequest, donation, or other gift in the total
amount of $25,000 or less, and is authorized to approve and sign all
documents necessary to receive the grant, bequest, donation, or other
gift. In determining the total grant, bequest, donation, or gift amount for
application of this section, the cost of any matching funds and the cost of
fulfilling all conditions placed on the city’s acceptance of the grant,
bequest, donation, or gift must be included in the calculation. In order for
the director to have the authority granted by this section, any matching
funds required to obtain the grant, bequest, donation, or gift must be
available within the director’s existing budget. Upon the city’s receipt of
the grant, bequest, donation, or gift funds in the total amount of $25,000
or less, the finance director is authorized to amend the department
director’s budget and authorize expenditure of the funds. The finance
director may then include these funds in the budget adjustment ordinance.
1. Grant reimbursement requests. Once a grant agreement is
approved as provided for in this chapter, the director or designee is
authorized to sign any grant reimbursement request or voucher, annual or
final fiscal report, or any certification statement that may be required by
the federal, state, or other local agency awarding or administering the
grant. This delegation of authority specifically includes without limitation
the certification required by 2 CFR 200.415, as currently enacted or
hereafter amended or recodified.
12 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
D. Collective bargaining agreements. Unless the terms of a collective
bargaining agreement provide otherwise, the director of Human Resources
or the director’s designee is authorized to sign all agreements, or
subsequent amendments to those agreements, with the City’s bargaining
units if the financial impact of the agreement or amendment is valued at
$65,000 or less, and sufficient funds remain in the budget to cover that
financial impact.
SECTION 4. – Amendment – KCC 3.70.230. Section 3.70.230 of the
Kent City Code, entitled “Mayor Approval,” is amended as follows:
Sec. 3.70.230. Mayor Approval. The mayor has signatory
authority and may approve the following:
A. Contracts – Over $20,000. All purchases or work valued at an
amount in excess of $20,000 must be memorialized in a written contract
and signed by the mayor. Any contract valued at an amount of $65,000 or
less may be signed by the mayor without city council approval if funds are
available within the existing budget to pay the associated contract costs.
B. Change orders or contract amendments. The mayor is authorized to
approve and sign: (1) individual change orders or contract amendments
that do not exceed the original contract amount by more than $65,000,
and (2) cumulativelycollectively are within 20 percent or $130,000 of the
original contract amount, including any applicable taxes, whichever
amount is greater, if sufficient funds remain within the existing project or
City budget.
C. Grant acceptance, award agreements, bequests, donations, or other
gifts. The mayor is authorized to approve and sign any application
requesting grant funds for various city purposes if the grant application
requires. The mayor may also accept any grant, bequest, donation, or
other gift in the amount of $65,000 or less, and is authorized to sign all
13 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
documents necessary to receive the grant, bequest, donation, or other
gift. In determining the total grant, bequest, donation, or gift amount for
application of this section, the cost of any matching funds and the cost of
fulfilling all conditions placed on the city’s acceptance of the grant,
bequest, donation, or gift must be included in the calculation. In order for
the mayor to have the authority granted by this section, any matching
funds required to obtain the grant, bequest, donation, or gift must be
available within the existing budget. Upon the city’s receipt of the grant,
bequest, donation, or other gift funds as provided in this section, the
finance director is authorized to amend the budget and authorize
expenditure of the funds. The finance director may then include these
funds in the budget adjustment ordinance. All reimbursement requests,
vouchers, reports, or certification statements are to be signed by the
director or designee in accordance with KCC 3.70.220(C)(1).
D. Interlocal agreements. The mayor may approve and sign any
agreement between the city and another public agency, including those
entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW,
without council approval, so long as any money that may be paid or
received by the city under the terms of the agreement, or any resources
dedicated by the city to the cooperative effort, does not exceed $65,000,
and any payment or dedicated resource obligation under the agreement
may be paid through the existing budget.
E. Real property interests. The mayor is specifically authorized to do
the following:
1. To acquire and convey rights-of-way and other property
interests by lease or purchase when the city council has dedicated
sufficient funds for the lease or purchase within the existing annual budget
or project budget.
2. To enter into any lease or other agreement conveying an
interest in real property where the total annual amount paid or received
under the agreement, or the total annual fair market value of the real
14 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
property interest conferred, is $25,000 or less. However, no authority
delegated under this section shall authorize approval of a lease or other
agreement conveying an interest in real property for a term greater than
two years, including all options to renew, without express approval of the
city council. The mayor, chief administrative officer, or appropriate
department director will report to the applicable council committee or to
the full council, at least quarterly, a record of any lease or other
agreement entered into pursuant to this subsection.
3. To accept land, appurtenances, and other real property
interests that are dedicated to the city as a condition of a private
developer’s development permit or regulatory approval, or to release the
same as part of such development approval, subject to prior review and
approval by the city attorney.
F. Surplus. Except for real property, or utility equipment and property
as provided for in RCW 35.94.040, as the same may be later amended, or
property that is sold to another governmental entity that is valued over
$50,000 as provided for in RCW 39.33.020, as the same may be later
amended, the mayor, upon a director’s recommendation, is authorized to
surplus equipment or property the mayor determines is surplus to the
city’s needs, and the mayor may sell or otherwise dispose of such
surplused equipment or property for fair market value or as otherwise
allowed by law.
G. Pass-through fee contracts. Service contracts entered into at no or
a nominal cost to the city, but that result in any associated fee or charge
being passed through to a party other than the city, such as an agreement
with a collection company, may be approved and signed by the mayor,
subject to prior review by the city attorney.
H. Emergency. If an emergency exists as provided for in KCC
3.70.110(B), the mayor may sign all documents and take all actions
necessary to address the emergency. If council approval would have been
15 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
required by KCC 3.70.240, the city council shall be subsequently notified,
but formal ratification is not required.
I. Collective bargaining agreements. Unless the terms of a collective
bargaining agreement provide otherwise, the Mayor is authorized to sign
all agreements, or subsequent amendments to those agreements, with the
City’s bargaining units if the financial impact of the agreement or
amendment is valued at $130,000 or less, and sufficient funds remain in
the City’s budget to cover that financial impact. If the financial impact is
greater than $130,000, or if sufficient funds do not exist within the budget
to cover the financial impact, Council authorization must first be obtained
before the Mayor is authorized to sign the agreement or amendment.
SECTION 5. – Amendment – KCC 3.70.240. Section 3.70.240 of
the Kent City Code, entitled “Council approval,” is amended as follows:
Sec. 3.70.240 Council approval. Council authorization is required
before the mayor is authorized to purchase or sign the items identified
below. Upon council approval, all attachments and documents pertinent to
the authorized act are impliedly approved even if they are not expressly
stated or identified. Further, minor adjustments may be made to any
documents or additional action taken if such changes are consistent with
council’s approval and do not result in additional costs being paid by the
city in excess of the amounts provided in KCC 3.70.230(B), if those
additional costs are within established budgets.
A. Contracts – Over $65,000. All purchases or work valued at an
amount in excess of $65,000 must be memorialized in a written contract.
If a contract’s estimated cost is over $65,000, or if there are not sufficient
funds in the existing budget to pay the full contract amount, the city
council must first authorize the contract before the mayor may sign the
contract to make it effective and binding upon the city.
16 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
1. When the city council has specifically considered and
approved a project with a line item in the budget that identifies: (a) the
contracting party, if known, (b) specific information as to the purchase or
scope of the contract, (c) the estimated total cost of the purchase or
contract, and (d) the term of the anticipated contract does not exceed two
years, that budget line item allocation shall constitute council
authorization for the purposes of this section if the actual cost does not
exceed the amount budgeted for that expense.
2. The city council may delegate to a third-party procurement
authority on the city’s behalf. If such a delegation is made, no further
council approval is required. Any delegated procurement authority must be
exercised in accordance with KCC 3.70.110(G).
B. Change orders or contract amendments. All change orders or
amendments that exceed the mayor’s authority under KCC 3.70.230(B)
must be authorized by the city council and signed by the mayor before
becoming effective and binding upon the city. Once a change order or
contract amendment is approved by Council, the revised contract amount
becomes the amount applicable for calculating future approval authority
for subsequent change orders or amendments.
C. Agreements for receipt of grants, bequests, donations, or other
gifts. If the city is awarded any grant, bequest, donation, or other gift in
excess of $65,000, the city council first must authorize acceptance of the
funds and the mayor’s execution of any resulting agreement. All
reimbursement requests, vouchers, reports, or certification statements are
to be signed by the director or designee in accordance with KCC
3.70.220(C)(1).
D. Interlocal agreements. Any agreement between the city and
another public agency that involves the payment or receipt of money, or
the dedication of city resources, in excess of $65,000, including
17 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
agreements entered into under the Interlocal Cooperation Act of Chapter
39.34 RCW, or that involves a payment obligation the city is unable to
meet under the existing budget, must be authorized by the city council
and signed by the mayor before becoming effective and binding upon the
city.
E. Real property interests. Except for the limited authority codified in
KCC 3.70.230(E), council approval is required for all real property leases,
sales, or purchases that are not incidental to implementation of a prior
project or program approved by council. Council approval is also required
before the mayor may sign any lease or other agreement conveying an
interest in real property where the total annual rental value of the lease or
other real property interest conferred is more than $25,000 or for a term
greater than two years, including all options to renew.
SECTION 6. – 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 7. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage as provided by law.
DANA RALPH, MAYOR Date Approved
18 Amend Ch. 3.70 KCC
Re: Procurement and Contracting
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Ordinance\3.70-TechException_ChangeOrders_CBAs-06-05-18.docx
Agenda Item: Consent Calendar – 8F_
TO: City Council
DATE: June 5, 2018
SUBJECT: Grant Agreement with the Recreation and Conservation Office for the
Walla Property Acquisition – Authorize
SUMMARY: On May 3, 2016, Council adopted Resolution No. 1926, which authorized
staff to submit an application to the Recreation and Conservation Office (RCO) for
state grant assistance to help offset the cost of acquiring the Walla property in June
2016.
Formal application was made to RCO, which awarded the city of Kent grant #16-1513.
The grant provides for a total project cost of $1,433,753, with RCO reimbursing the
City $716,876, conditioned upon an equal City match of $716,877.
This 5.5-acre property, located at 12415 SE 240th Street, is one of an assemblage of
parcels needed to complete Clark Lake Park.
EXHIBITS: Grant Agreement, Resolution
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Kaur, Boyce Nay:
BUDGET IMPACT: Revenue impact to the Parks Acquisition budget
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Authorize the Mayor to sign a grant agreement with the
Recreation and Conservation Office for reimbursement funding in the
amount of $716,876 toward the acquisition costs of the Walla property at
Clark Lake Park, subject to final grant terms and conditions acceptable to
the Parks Director and City Attorney.
This page intentionally left blank.
#WASHINGTON STATE
Recreation and
Conservation Office Funding Board Project Agreement
Project Sponsor:
Project Title:
City of Kent
Clark Lake Park Expansion: Walla Acquisition
Project Number: 1 6-1 51 3A
Approval Da|a;21112Q18
A. PARTIESOFTHEAGREEMENT
This Funding Board Project 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. The Sponsor's Data Universal Numbering System (DUNS) Number is 020253613.
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 wilh 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 an application to the funding board for grant
assistance, (2) enter into this project agreement on behalf of the Sponsor(s) (including indemnification and waiver of
sovereign immunity 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 of all sponsors.
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 newApplicant
Resolution/Authorization signed by its governing body. Unless a newApplicant 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 Section 1'1 . PROJECT REIMBURSEMENTS).
B. PURPOSEOFAGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of
the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the Sponsor
for the project named above per the director's authority granted in RCW 794.25.020.
C. DESCRIPTION OF PROJECT
The City of Kent will use this grant to acquire 5.5 acres at Clark Lake Park. Clark Lake Park is a 125-acre passive park
surrounding a 7-acre freshwater lake located at 12415 SE 240th Street in Kent, King County. This will allow the City of
Kent to acquire this high priority acquisition for inclusion into the existing park for expansion of lhe existing undersized
parking lot and fulure development of park amenities. The primary recreational opportunity provided by this project is
passive recreation.
D. PERIODOF.PERFORMANCE
The period of performance begins on April 17 , 2018 (project start date) and ends on June 30, 201 9 (project end
date). No allowable cost incuned 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 WAC Titles 286, 420; or
RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement.
The Sponsor must request extensions ofthe period ofperformance at least 60 days before the project end date.
The Sponsor has obligations beyond this period of performance as described in Section F: Long-Term Obligations
E. STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Project Agreement are hereby incorporated by reference as part of this
Agreement.
F. LONG.TERi'OBLIGATIONS
RCO 16-1513A Revision Dale: 1 I 11 l2O1 8 Page 1 of 37
For this acquisition project, the sponsor's on-going obligations shall be in perpetuity and shall survive the
completion/termination of this Project Agreement unless otheMise identified in the Agreement or as approved by the
funding board. lt is the intent of the funding board's conversion policy (see Section 25: Long-Term Obligations Of The
Project Sponsors) that all lands acquired and/or facilities and areas developed, renovated, or restored with funding
assistance remain in the public domain in perpetuity.
G. PROJECTFUNDING
The total grant award provided by the funding board for this project shall not exceed $71 6,876.00. The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount.
The minimum matching share provided by the Sponsor shall be as indicated below:
Percentage DollarAmount Source of Funding
RCFB - WWRP - Local Parks
Proiect Sponsor
Total Project Cost
50.00%
50.00%
s716,876.00
$716,877.00
State
$1,433,753.00
FEDERAL FUND INFORMATION
This Agreement is not a federal subaward. This Agreement is funded with a grant from the State of Washington.
I. 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 ineconcilably 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 otheMise specifically stated, has the meaning set forth 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 othenarise 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 ifthe 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 otheruise expressly stated, shall be deemed to include all cunent federal,
state, and local govemment laws and rules, and funding board policies applicable and active and published in 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.
K. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB.SRFB POLICIES
This agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations, including any applicable RCFB and/or SRFB policies published in RCO manuals or on the RCO Website
as exist on the effective date of this Agreement and any amendments to this Agreement. 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.
100.00%
H
J
L.SPECIAL CONDITIONS
Special Condition #1 : Cultural Resources-Survey Required
Section I of 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 a cultural resources survey
is required. The Sponsor must submit to RCO the survey and receive from RCO a Notice to Proceed before any
ground disturbing activities can begin. Construction started without a Notice to Proceed will be considered a breach
of contract. 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 Section 8 of this agreement.
RCO 16-15134 Revision Date: 1 I 1 1 1201 8 Page2 ol 37
M. AGREEMENTCONTACTS
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:
Proiect Gontact RCO - RCFB
Name: Brian Levenhagen Karl Jacobs
Title: Park Planner Natural Resources Building
Address: 220 FourthAve. South PO Box40917
Kent, WA98032 Otympia, Washington 98504-0917
Email: BJLevenhagen@kentwa.gov karl.jacobs@rco.wa.gov
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.
N, ENTIREAGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreemenl shall exist or bind any of the parties.
O. EFFECTIVE DATE
This Agreement, for project 16-1513A, 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 Section D: PERIOD OF PERFORMANCE are allowed only when this Agreement is fully execuled 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 PROJECT AGREEMENT. The signators listed
below represent and wanant their authority to bind the parties to this Agreement.
City of Kent
BY: Date:
Name: (printed)
Title:
State of Vlhshington, Recr€ation Conservation Office
On behalf of the Recreation and Conservation Fund-ng Board (RCFB or funding board)
By:Date:
Kaleen Cottingham
Director
Recreation and Conservation Office
Prq-approved as to forln:6,* {"!A*Date:October 6, 201 7
Assistant Attorney General
RCO 16-1513A Revision Dale: 1 l'11 12018 Page 3 of 37
Table of Gontents
Funding Board Project Agreement
Standard Terms and Conditions of the Project Agreement
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
SECTION 2. PERFORMANCE BYTHE SPONSOR
SECTION 3. ASSIGNMENT
SEGTION 4. RESPONSIBILITY FOR PROJECT
SECTION 5. INDEMNIFICATION
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
SECTION 7. CONFLICT OF INTEREST
SECTION 8. COMPLIANGE WITH APPLICABLE LAW
SECTION 9. RECORDS
SECTION 10. PROJECT FUNDING
SECTIONll. PROJECTREIMBURSEMENTS
SEGTION 12. ADVANCE PAYMENTS
SECTION 13. RECOVERY OF PAYMENTS
SEGTION 14. COVENANTAGAINST CONTINGENT FEES
sEcTloN 15. TNCOME (AND FEES) AND USE OF TNCOME
SECTIONl6. PROCUREMENTREQUIREMENTS
SECTION 17. TREATMENT OF EQUIPMENTANDASSETS
SECTION 18. RIGHT OF INSPECTION
SECTIONl9. STEWARDSHIPANDMONITORING
SECTION 20. PREFERENCES FOR RESIDENTS
SECTION2l. AGKNOWLEDGMENTANDSIGNS
SECTION 22. PROVISIONS FOR BOATING PROJECT GRANTS
SECTION 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,
AND RESTORATION PROJECTS
SECTION 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS
SECTION 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
SECTION 26. GONSTRUCTION, OPERATION, USE AND MAINTENANGE OF ASSISTED
PROJECTS
SECTION 27. RECORDED NOTICE OF GRANT
sEcTloN 28. pROVtStONS RELATED TO CORPORATE (TNCLUDTNG NONPROFTT)
SPONSORS
SECTION 29. PROVISIONS FOR FEDERAL SUBAWARDS ONLY
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RCO 16-1513A Revision Date: 1 I 1'l 1201 I Page 4 of 37
SEGTION 30.
sEcTroN 31.
sEcTtoN 32.
sEcTroN 33.
sEcTroN 34.
sEcTtoN 35.
sEcTtoN 36.
sEcTroN 37.
sEcTtoN 38.
sEcTroN 39.
sEcTroN 40.
sEcTtoN 41.
sEcTroN 42.
sEcTroN 43.
SEGTION 44.
sEcTroN 45.
sEcTroN 46.
PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS
PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION
PROJECTS ONLY
PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS
ONLY
PROVISTONS FOR FARMAND FORESTACCOUNT PROJEGTS (FARMLAND
AND FORESTLAND PRESERVATTON PROJECTS ONLY)
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY
PROVISIONS FOR PUGET SOUNDACQUISITION AND RESTORATION
PROJECTS ONLY
ORDER OF PREGEDENGE
LIMITATION OF AUTHORITY
WAIVER OF DEFAULT
APPLIGATION REPRESENTATIONS - MISREPRESENTATIONS OR
INACCURACY OR BREAGH
SPECIFIC PERFORMANCE
TERMINATION AND SUSPENSION
DISPUTE HEARING
ATTORNEYS'FEES
GOVERNING LAWruENUE
PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE
IS THE SPONSOR
SEVERABILITY
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28
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29
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RCO'16-1513A Revision Dale: 1 I 11 l2O1 8 Page 5 of 37
if.. , *orr'roro*rrorc
t3il,.J3#3**
Standard Terms and Conditions
of the Project Agreement
Project Sponsor:
Project Title:
City of Kent
Clark Lake Park Expansion: Walla Acquisition
Project Number: 1 6-1 51 3A
Approval Date: 2l I l2O1 I
SECTION 1. 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:
acquisition project - A project that purchases or receives a donation of fee or less than fee interests
in real property. These interests include, but are not limited to, conservation easements, access/trail
easements, covenants, water rights, leases, and mineral rights.
Agreement or project agreement - The document entitled "Funding Board Project Agreement"
accepted by all parties to the present transaction, including without limitation these Standard Terms
and Conditions of the ProjectAgreement, all attachments, addendums, and amendments, and any
intergovernmental agreements or other documents that are incorporated into the Funding Board
ProjectAgreement subject to any limitations on their effect.
applicant -Any party that meets the qualifying standards, including deadlines, for submission of an
application soliciting a grant of funds from the funding board.
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.
Boating Infrastructure Grant (BlG) -A program administered through the United States Fish and
\Nildlife Service.
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.
RCO 16-1513A Revision Date: 1 I 11 1201 I Page 6 of 37
development project -A project 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.
education project -A project that provides information, education, and outreach programs for the
benefit of outdoor recreationists.
education and enforcement project - A project that provides information, education, and outreach
programs; encourages responsible recreational behavior, and may provide law enforcement for the
benefit of outdoor recreationists.
effective date - The date when the signatures of all parties to this agreement are present in the
agreement.
enhancement project - 1) A project that brings a site back to its historic function as part of a natural
ecosystem or that improves the ecological functionality of a site, or 2) a project that (i) supports
hatchery reform to improve hatchery effectiveness to minimize impacts to wild fish populations, (ii)
ensures compatibility between hatchery production and salmon recovery programs, or (iii) supports
sustainable fisheries (WAC 420.04.01 0).
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 board that authorized the funds in this Agreement, either the
Recreation and Conservation Funding Board (RCFB) created under RCW 79A.25.110, or the Salmon
Recovery Funding Board (SRFB) created under RCW77.85.110.
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.
indirect cost - Costs incurred for a common or joint purpose benefitting more than one cost
objective, and not readily assignable to the cost objectives specifically benefitted, without effort
disproportionate to the results achieved (2 C.F.R. S 200.56 (2013)).
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.
maintenance -A project that maintains existing areas and facilities through repairs and upkeep for
the benefit of outdoor recreation or salmon recovery.
maintenance and operation -A project that maintains and operates existing areas and facilities
through repairs, upkeep, and routine services for the benefit of outdoor recreationists.
match or matching share - The portion of the total project cost provided by the Sponsor
RCO 16-1513A Revision Dale: 1 I 1 1 l2O1 I PageT oI 37
milestone -An important event with a defined date to track an activity related to implementation of a
funded project and monitor significant stages of project accomplishment.
monitoring project - Means a project that tracks the effectiveness of salmon recovery restoration
actions, or provides data on salmon populations or their habitat conditions.
monitoring and research project - Means a project that tracks the effectiveness of salmon recovery
restoration actions, or provides data on salmon populations or their habitat conditions.
Office - Means the Recreation and Conservation Office or RCO
notice of grant -As required by RCO or another authority, a document that has been legally
recorded in the county or counties where the project property is located that describes the grant
funded project located on the property, the funding sources, and agencies responsible for awarding
the grant.
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 (201 3)). lf this Agreement is a federal subaward, RCO
is the pass-through entity.
period of performance - The period beginning on the project start date and ending on the project
end date.
planning (RCFB projects only) - A project that results in one or more of the following: a study, a
plan, construction plans and specifications, and permits to increase the availability of outdoor
recreational resources.
planning (SRFB projects only) -A project that results in a study, assessment, project design, or
inventory.
pre-agreement cost - A project 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 entig 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 on behalf of the funding board.
project area, RCFB - A geographic area that delineates a grant assisted site which is subject to
project agreement requ i rements (WAC 286. 04. 0 1 0).
project area, SRFB - The area consistent with the geographic limits of the scope of work of the
project and subject to project agreement requirements. For restoration projects, the project area must
include the physical limits of the project's final site plans or final design plans. For acquisition projects,
the project area must include the area described by the legal description of the properties acquired for
or committed to the project (WAC 420.04.010).
project cost - The total allowable costs incurred under this Agreement and all required match share
and voluntary committed matching share, including third-party contributions (2 C.F.R. S 200.83
(2013)).
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.
RCO 16-1513A Revision Dale: 1 I 1 I 1201 I Page 8 of 37
project start date - The specific date identified in the Agreement on which the period of performance
starts.
research project - Means a project that studies salmon and the effectiveness of recovery restoration
efforts on the population or habitat condition.
RCO - Recreation and Conservation Office - The state office that provides administrative support to
the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes
the director and staff, created by RCW 79A.25.110 and 79A.25.150 and charged with administering
this Agreement by RCW 77.85.110 and79A.25.240.
reimburcement - 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.
restoration project - A project that brings a site back to its historic function as part of a natural
ecosystem or improving the ecological functionality of a site.
restoration and enhancement project - A project that brings a site back to its historic function as
part of a natural ecosystem or that improves the ecological functionality of a site or a larger
ecosystem which improvement may include benefiting fish stocks.
RCFB - Recreation and Conservation Funding Board
RCW - Revised Code of Washington
Recreational Trails Program (RTP) - A Federal Highways Administration grant program.
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 person has the signature authority to bind the Sponsor to this Agreement,
grant, and project.
SRFB - Salmon Recovery Funding Board
subaward - Funds allocated to the RCO from another organization, for which RCO makes available
to or assigns to another organization via thisAgreement. Also, a subaward may be an award provided
by a passthrough 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 Section G: Prolect Funding.
RCO 16-15134 Revision Dale: 1 I 11 1201 8 Page I of 37
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 passthrough
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
SECTION 2. PERFORMANCE BYTHE 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 funding board. All submitted documents are incorporated by this
reference as if fully set forth herein.
Timely completion of the project 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.
SECTION 3. 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.
SECTION 4. RESPONSIBILITY FOR PROJECT
Wl.rile the funding board undertakes to assist the Sponsor with the project by providing a grant pursuant to this
Agreement, the project itself remains the sole responsibility of the Sponsor. The funding board 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 otherwise stated in thisAgreement.
The RCO has no responsibility for reviewing, approving, overseeing or supervising design or construction of
the project 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.
SECTION 5. 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 limitation 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.
RCO 16-1513A Revision Date: 1 I 11 1201 I Page 10 of37
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, 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, RCWTitle 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 entities of state government.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or
agents of the funding board or RCO. The Sponsor will not hold itself out as nor claim to be an officer,
employee or agent of RCO, a funding board 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 or Section 30B.
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.
SECTION 7. 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.
SECTION 8. COMPLIANCE WITH APPLICABLE LAW
RCO 16-15134 Revision Dale: 1 I 11 l2O1 I Page 11 of 37
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 funding board. The Sponsor is responsible for any and all costs or liability
arising from the Sponsor's failure to so comply with applicable law.
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 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
39.12.040. The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and lndustries.
1. Exception, Service Organizations of Trail and Environmental Projects (RGW
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 under the 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.
RCO't6-1513A Revision Dalet t h 1 1201 I Page 12 ol 37
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 Gertification. 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."
SEGTION 9. 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 Section
11: PROJECT REIMBURSEMENTS. 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 theAgreement, 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, regulation or agreement. This includes access to all
information that supports the costs submitted for payment under the grant and 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 funding board 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.
Additionally, in compliance with RCW 77.85.130(8), Sponsor agrees to disclose any information in
regards to expenditure of any funding received from the SRFB. 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.
SECTION 10. PROJECT FUNDING
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A. Authority. This Agreement is funded through a grant award from the recreation and conservation
funding board per WAC 286 and/or the salmon recovery funding board per WAC 420. The director of
RCO enters into this Agreement per delegated authority in RCW 79A.25.020 and 77 .85.120.
B. AdditionalAmounts. The funding board 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 funding board or 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 funding board policy, 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. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in
Section H: FEDERAL FUND INFORMATION are ineligible unless approved by the federal award
agency (2 C.F.R S 200.458 (2013)).
E. 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 funding board may have under this Agreement, the grant amounts identified in this
Agreement shall be reduced to exclude any such expenditure from participation.
SEGTIONll. PROJECTREIMBURSEMENTS
A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13
and/or 420-12. 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 project funds only on a reimbursable basis at the
percentage as defined in Section G: PROJECT FUNDING. 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. Reimbunsement 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 recently published/adopted RCO policies and procedures 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:
1. Allapproved or required activities outlined in theAgreement are done;
2. On-site signs are in place (if applicable);
3. A final project report is submitted to and accepted by RCO;
4. Any other required documents and media are complete and submitted to RCO;
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5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Finalamendments have been processed;
8. Fiscal transactions are complete, and
9. RCO has accepted a final boundary map, if requested by RCO, for which the Agreement terms
will apply in the future.
10. Notice of Grant (if applicable) filed with the county lands records office and a stamped copy
received by RCO
E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2
C.F.R. S 200.306 (2013). Any shared costs or matching funds and all contributions, including cash
and third party in-kind contributions, can be accepted as part of the Sponsor's matching share when
such contributions meet all of the following criteria:
1. Are verifiable from the non-Federal entity's (Sponsor's) records;
2. Are not included as contributions for any other Federal award;
3. Are necessary and reasonable for accomplishment of project or program objectives;
4. Are allowable under 2 C.F.R. Part 200, Subpart E-Cost Principles (2013);
5. Are not paid by the Federal Government under another Federal award, except where the
Federal statute authorizing a program specifically provides that Federal funds made available
for such program can be applied to matching or cost sharing requirements of other Federal
programs;
6. Are provided for in the approved budget when required by the Federal awarding agency
identified in Section H: FEDERAL FUND INFORMATION of thisAgreement; and
7. Conform to other provisions of 2 C.F.R. Part 200, Subpart D-Post Federal Award
Requirements (201 3), as applicable.
F. Requirements for FederalSubawards: Close out. Per 2 C.F.R S 200.343 (2013), the non-Federal
entity (Sponsor) must:
1. Submit, no later than 90 calendar days after the end date of the period of performance, all
financial, performance, and other reports as required by the terms and conditions of the
Federal award. The Federal awarding agency or pass-through entity (RCO) may approve
extensions when requested by the Sponsor.
2. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after
the end date of the period of performance as specified in the terms and conditions of the
Federalaward.
3. Refund any balances of unobligated cash that the Federal awarding agency or passthrough
entity (RCO) paid in advance or paid and that are not authorized to be retained by the
non-Federal entity (Sponsor) for use in other projects. See OMB CircularA-129 and see 2
C.F.R S 200.345 Collection of amounts due (2013), for requirements regarding unreturned
amounts that become delinquent debts.
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4. Account for any real and personal property acquired with Federal funds or received from the
Federal Government in accordance with 2 C.F.R SS 200.310 lnsurance coverage through
200.316 Property rust relationship and 200.329 Reporting on real property (2013).
SECTION 12. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO
director and are consistent with legal requirements and Manual 8: Reimbursements. See WAC 420-12.
SECTION 13. 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 (12%) per annum from the time that payment becomes due and owing.
C. Requirements for FederalSubawards. RCO, acting as a pass-through entity, may impose any of
the remedies as authorized in 2 C.F.R SS 200.207 Specific conditions and/or 200.338 Remedies for
noncompliance (2013).
SECTION 14. COVENANTAGAINST 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.
sEcTroN 15. TNCOME (AND FEES) AND USE OF TNCOME
RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
A. lncome.
1. Farm and Forest Account (Farmland and Forestland Preserrration Grants). Excepted from
this section is income generated and fees paid on/for properties which received funds from the
Farm and ForestAccount (RCW 794.1 5.1 30).
2. Firearms and Archery Range Recreation Projects. Excepted from this section are safety
classes (firearm and/or hunter) for which a facility/range fee must not be charged (RCW
794.25.210).
3. 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 policies adopted by
the RCFB or SRFB.
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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 prolect 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 sed to offset:
1. 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 funding board grant;
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 with funding board grants if the fees are consistent with the:
1. Grant program laws, rules, policies, and funding board policies;
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.
D. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. S 200.307
Program income (2013).
SECTIONl6. PROCUREMENTREQUIREMENTS
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:
1. Publish a notice to the public requesting bids/proposals for the project;
2. Specifu 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.
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This procedure creates no rights for the benefit 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.
B. Requirements for Federal Subawards.
1. For all Federal subawards except RTP projects, non-Federal entities (Sponsors) must follow 2
C.F.R SS 200.318 General procurement standards through 200.326 Contract Provisions
(2013).
2. For RTP subawards, Sponsors follow such policies and procedures allowed by the State when
procuring property and services under a Federal award (2 C.F.R S 1201.317 (2013)). State
procurement policies are in subsection A of this section.
SECTION 17. TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided
herein or in published funding board policies, 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. Wren 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
C. Requirements for Federal Subawards. Except in the RTP, procedures for managing equipment
(including replacement equipment), whether acquired in whole or in part under a Federal award or
match for the award, until disposition takes place will, at a minimum, meet the following requirements
(2 C.F.R S 200.313 (2013)):
1. Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of funding for the property (including the
FederalAward ldentification Number), who holds title, the acquisition date, and cost of the
property, percentage of Federal participation in the project costs for the Federal award under
which the property was acquired, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price of the property.
2. A physical inventory of the property must be taken and the results reconciled with the property
records at least once every two years.
3. A control system must be developed to ensure adequate safeguards to prevent loss, damage,
or theft of the property. Any loss, damage, or theft must be investigated.
4. Adequate maintenance procedures must be developed to keep the property in good condition.
5. lf the non-Federal entity is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
D. Requirements for RTP Subawards.
1. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal Highways
Administration and 2 CFR 200.
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2. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon Act as
amended.
SECTION 18. 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 as described in Section 23.C: Control and
Tenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect and
access lands acquired or developed with funding board assistance.
SECTIONl9. STEWARDSHIPANDMONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in funding board policy, this
Agreement, or as otherwise directed by RCO consistent with existing policies. Sponsor further agrees to
utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board
SECTION 20. 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. \Nhere 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.
SECTION 21. 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.
B. Signs.
1.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
exempted in funding board policy or waived by the director; and
2. During the period of longterm 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. Geremonies. 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.
D. Federally Funded Projects. \Mten issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing a project funded in whole or in part with federal money
provided for in this grant, Sponsors shall clearly state:
1. The fund source;
2. The percentage of the total costs of the project that is financed with federal money;
RCO 16-1513A Revision Dale: 1 I 11 1201 I Page19of37
3. The dollar amount of federal funds for the project; and
4. The percentage and dollar amount of the total costs of the project that is financed by
nongovernmental sources.
SECTION 22. PROVISIONS FOR BOATING PROJECT GRANTS
lf requested by RCO, or required per state or federal law or rule with respect to any project or project element
that supports recreational boating, Sponsor shall manage the project or project element per federal rules to
include 2 C.F.R. Part 200, and place a United States Coast Guard (or other federal agency) logo and funding
program information at the project site.
sEcTroN 23 PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND
RESTORATION PROJEGTS
The following provisions shall be in force only if the project described in this Agreement is for construction of
land or facilities in a development, maintenance, renovation or restoration project:
A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or
operated with the assistance of money granted by the board 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
(WAC 286.13.130). 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 funding board or RCO must receive prior written approval of
the board or 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 the
appropriate grant program policy manual as of the effective date of this Agreement and determines
the long-term compliance period unless otherwise approved by the board.
D. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is
used, the Sponsor shall insert the 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."
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E. 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", 2012; "Waler 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 WISC
Web site.
SECTION 24. PROVISIONS APPLYING TOACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition
project (including projects with any acquisition component):
A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,
the Sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights
acquired has been established according to funding board policy.
B. Evidence of Title. The Sponsor agrees to provide documentation that shows the type of ownership
interest for the property that has been acquired. This shall be done before any payment of financial
assistance.
C. Legal Description of Real Property Rights Acquired. The legal description of the real property
rights purchased with funding assistance provided through this Agreement (and protected by a
recorded conveyance of rights to the State of Washington) shall be delivered to RCO before final
payment.
D. Gonveyance of Rights to the State of Washington. \A/hen real property rights (both fee simple and
lesser interests) are acquired, the Sponsor agrees to execute an appropriate document conveying
certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents
include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The
Sponsor agrees to use document language provided by RCO, to record the executed document in the
County where the real property lies, and to provide a copy of the recorded document to RCO. The
document required will vary depending on the funding board project type, the real property rights
being acquired and whether or not those rights are being acquired in perpetuity.
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right
to preserve, protect, access, and/or use the property for public purposes consistent with the
funding source and project agreement. See WAC 286 or 420. Sponsors shall use this
document when acquiring real property rights that include the underlying land. This document
may also be applicable for those easements where the Sponsor has acquired a perpetual
easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights to RCO
and the state such as public access, access for compliance, and enforcement. Sponsors shall
use this document when an easement or lease is being acquired under this Agreement. The
Assignment of Rights requires the signature of the underlying landowner and must be
incorporated by reference in the easement document.
3. Easements and Leases. The Sponsor may incorporate required language from the Deed of
Right orAssignment of Rights directly into the easement or lease document, thereby
eliminating the requirement for a separate document. Language will depend on the situation;
Sponsor must obtain RCO approval on the draft language prior to executing the easement or
lease.
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E. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. When federal funds are part of this Agreement, the Sponsor
agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real
PropertyAcquisition PoliciesAct of 1970, 84 Stat. 1894 (1g7O)--Public Law 91-646, as
amended, and applicable regulations and procedures of the federal agency implementing that
Act.
2. State Acquisition Policies. \Nhen state funds are part of this Agreement, the Sponsor agrees
to comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW and Chapter
468-100 WAC.
3. Housing and Relocation. ln the event that housing and relocation costs, as required by
federal law set out in subsection (1) above and/or state law set out in subsection (2) above,
are involved in the execution of this project, the Sponsor agrees to provide any housing and
relocation assistance required.
F. Buildings and Structures. ln general, grant funds are to be used for outdoor recreation,
conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures.
Sponsor must consult with RCO regarding treatment of such structures and compliance with Section
8.D Archeological and Cultural Resources.
G. HazardousSubstances.
1. Gertification. The Sponsor shall inspect, investigate, and conduct an environmental audit of
the proposed acquisition site for the presence of hazardous substances, as defined in RCW
70.1 05D.020(1 3), and certify:
a. No hazardous substances were found on the site, or
b. Any hazardous substances found have been treated and/or disposed of in compliance
with applicable state and federal laws, and the site deemed "clean."
2. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding
hazardous substances as set forth in RCW 70.105D.
3. Hold Harmless. The Sponsor will defend, protect and hold harmless the State and any and all
of its employees and/or agents, from and against any and all liability, cost (including but not
limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any
and all claims or suits resulting from the presence of, or the release or threatened release of,
hazardous substances on the property the Sponsor is acquiring, except to the extent, if any,
that the State, its officers and agents caused or contributed to the release. 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 entities of state
government.
H. Requirements for Federal Subawards. The non-federal entity (Sponsor) must submit reports at
least annually on the status of real property in which the federal government retains an interest,
unless the federal interest in the real property extends 15 years or longer. ln those instances where
the federal interest attached is for a period of 15 years or more, the federal awarding agency or the
passthrough entity (RCO), at its option, may require the Sponsor to report at various multi-year
frequencies (e.9., every two years or every three years, not to exceed a five-year reporting period; or
a federal awarding agency or RCO may require annual reporting for the first three years of a federal
award and thereafter require reporting every five years) (2 C.F.R S 200.329 (2013)).
SECTION 25. LONG.TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
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A. Long-Term Obligations of RGFB Projects. Sponsor shall comply with WAC 286-13-160, 170, and
1 80.
B. Long-Term Obligations of SRFB Projects. Sponsor shall comply with WAC 420
C. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless
otherwise allowed by policy, program rules, or this Agreement, or approved in writing by RCO or the
funding board, RCO requires that the project area continue to function as intended after the period of
performance in perpetuity.
D. Gonversion. 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. Also see WAC Title 286 or 420 and applicable policies. 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 otherwise expressly provided in the
Agreement or applicable policy or unless a transfer or change in use is approved by the funding board
through an amendment. Failure to comply with these obligations is a conversion. Further, if the project
is 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 this Agreement, applicable law and
RCFB/SRFB policies.
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 otherwise provided in this Agreement, by
funding board policy, other RCO approved written documents, or required by applicable state or
federal law.
\A/hen a conversion has been determined to have occurred, the Sponsor is required to remedy the
conversion per established funding board policies, and the board or RCO may pursue such remedies
as are allowed by law and board policies, and/or this Agreement.
SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition ,
development, maintenance, renovation, or restoration project:
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities
assisted with funding board 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 of funding board
policies, and in compliance with applicable statutes, rules, and funding board policies, facilities must
be open and accessible to the general public, and must:
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1. Be constructed, maintained, and operated to meet or exceed the minimum requirements of the
most current guidelines or rules, local or state codes, Uniform FederalAccessibility 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 aftractive 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 board, or by RCO 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.
SECTION 27. RECORDED NOTICE OF GRANT
At the request of RCO, Sponsor shall record a notice of grant on the property and shall submit to the RCO a
recorded and registry stamped copy of such notice. The purpose of the notice of grant is to ensure that the
present and future use of the facility is and shall remain subject to the terms and conditions described in this
Agreement. The notice of grant shall be in a format specified by RCO.
sEcTroN 28. PROVTSTONS RELATED TO CORPORATE (TNCLUDTNG NONPROFTT) SPONSORS
A corporate Sponsor, including any nonprofit Sponsor, shall:
A. Maintain corporate status with the state, including registering with the Washington Secretary of State'
s office, throughout the Sponsor's obligation to the project as identified in the Agreement.
B. Notifi7 RCO before corporate dissolution at any time during the period of performance or long-term
obligations. \Mthin 30 days of dissolution the Sponsor shall name a qualified successor that will agree
in writing to assume any on-going project responsibilities, and transfer all property and assets to the
successor. A qualified successor is any party eligible to apply for funds in the subject grant program
and capable of complying with the terms and conditions of this Agreement. RCO will process an
amendment transferring the Sponsor's obligation to the qualified successor if requirements are met.
C. Maintain sites or facilities open to the public and may not limit access to members.
SECTION 29. PROVISIONS FOR FEDERAL SUBAI'VARDS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded with a
federalsubaward as identified in Section H: FEDERAL FUND lnformation:
A. Sub-Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013)
Unless otherwise indicated, the cost principles apply to the use of funds provided under this
Agreement to include match and any in-kind matching donations. The applicability of the cost
principles depends on the type of organization incurring the costs.
B. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized
staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and
belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash
receipts are for the purposes and objectives set forth in the terms and conditions of the Federal
award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false
claimsorotherwise. (U.S. CodeTitle 18, Section 1001 andTitle3l, Sections3729-3730and
3801-3812).'
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C. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. S 60-1.3
must include the equal opportunity clause provided under 41 C.F.R. S 60- 1.4(b), in accordance with
Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).
See 2 C.F.R. Part 200, Appendix ll, paragraph C.
1. Federally Assisted Gonstruction Gontract. The regulation at 41 C. F.R. S 60-1 .3 defines a
"federally assisted construction contract" as any agreement or modification thereof between
any applicant and a person for construction work which is paid for in whole or in part with funds
obtained from the Government or borrowed on the credit of the Government pursuant to any
Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
or any application or modification thereof approved by the Government for a grant, contract,
loan, insurance, or guarantee under which the applicant itself participates in the construction
work.
2. Gonstruction Work. The regulation at 41 C.F.R. S 60-1.3 defines "construction work" as the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing
utility services. The term also includes the supervision, inspection, and other onsite functions
incidental to the actual construction.
D. Davis-Bacon Act, as amended (40 U.S.C. 3141-31481. When required by federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities
(Sponsors) must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3148)
as supplemented by Department of Labor regulations (29 C.F.R. $ 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
ln accordance with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the Secretary
of Labor. ln addition, contractors must be required to pay wages not less than once a week. The
non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non-Federal entity (Sponsor) must
report all suspected or reported violations to the federal awarding agency identified in Section H:
Federal Fund lnformation.
The contracts must also include a provision for compliance with the Copeland "Anti- Kickback" Act (40
U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in \Mrole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient (Sponsor) must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal enti$ (Sponsor) must report all suspected or reported violations to the Federal
awarding agency identified in Section H: Federal Fund lnformation.
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E. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). \Mrere applicable, all
contracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702
and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C.
3702 of the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week
is permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
F. Rights to lnventions Made Under a Gontract or Agreement. lf the Federal award meets the
definition of "funding agreement" under 37 C.F.R S 401.2(a) and the recipient or subrecipient
(Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or subrecipient (Sponsor) must comply
with the requirements of 37 C.F.R Part 401, "Rights to lnventions Made by Nonprofit Organizations
and SmallBusiness Firms Under Government Grants, Contracts and CooperativeAgreements," and
any implementing regulations issued by the awarding agency.
G. Glean AirAct (42 U.S.C. 7401-7671q.) and the Federal Water Pollution GontrolAct (33 U.S.C.
1251-13871, as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non-Federal award to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean AirAct (42 U.S.C. 74O1-7671q) and the Federal \A/bter
Pollution ControlAct as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency identified in Section H: Federal Fund lnformation and the Regional Office of the
Environmental Protection Agency (EPA)
H. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies
(per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly
or indirectly) received or will receive for this project from the United States or any agency thereof,
have been used or shall be used to engage in the lobbying of the Federal Government or in litigation
against the United States. Such lobbying includes any influence or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this project. Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non-federal funds that takes place in connection with obtaining any federal award.
Such disclosures are forwarded from tier to tier up to the non-federal award.
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l. Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or
agency of a political subdivision of a state and its contractors must comply with section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R parl247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative procurement program
for procurement of recovered materials identified in the EPA guidelines.
J. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent
insurance coverage for real property and equipment acquired or improved with federal funds as
provided to property owned by the non-federal entity. Federally-owned property need not be insured
unless required by the terms and conditions of the Federal award (2 C.F.R S 200.310 (2013)).
K. Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a
contract to parties listed on the government-wide exclusions in the System forAward Management
(SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R S 180
that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
L. Gonflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the
federal funding agency established pursuant to 2 C.F.R 200.
SECTION 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS
A. Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must
indemnify and defend the United States and hold it harmless from any claims, suits, losses, and
damages from; any allegedly unauthorized use of any patent, process, idea, method, or device by the
user in connection with its use of the logo, or any other alleged action of the user; and any claims,
suits, losses, and damages arising from alleged defects in the articles or services associated with the
logo. No one may use any part of the logo in any other manner unless the United States Fish and
\Mldlife Service's Assistant Director for Wildlife and Sport Fish Restoration or Regional Director
approves in writing.
SECTION 3'. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the
Firearms and Archery Range Recreation Account.
A. Liability Insurance. The Sponsor of a firearms or archery range recreation project shall procure an
endorsement, or other addition, to liability insurance it carries, or shall procure a new policy of liability
insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources
to pay successful claims of people who may be killed or injured, or suffer damage to property, while
present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or
injury to, each person.
B. Insurance Endorsement. The liability insurance policy, including any endorsement or addition, shall
name Washington State, the funding board, and RCO as additional insured and shall be in a form
approved by the funding board or director.
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G. Length of lnsurance. The policy, endorsement or other addition, or a similar liability insurance policy
meeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation to
the project as identified in this Agreement in Section F. LONG-TERM OBLIGATIONS.
D. Notice of Gancellation. The policy, as modified by any endorsement or other addition, shall provide
that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in
advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following
any termination of the policy by the Sponsor.
E. Government Agencies. The requirement of Subsection A through D above shall not apply if the
Sponsor is a federal, state, or municipal government which has established a program of
self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities
generally, including such facilities as firearms or archery ranges, when the applicant declares and
describes that program or policy as a part of its application to the funding board.
F. Sole Duty of the Sponsor. By this requirement, the funding board and RCO does not assume any
duty to any individual person with respect to death, injury, or damage to property which that person
may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such
person, or any other person making claims based on such death, injury, or damage, must look to the
Sponsor, or others, for any and all remedies that may be available by law.
SECTION 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY
lf the project has been approved by the National Park Service, US Department of the lnterior, for funding
assistance from the federal Land and Water Conservation Fund (LWCF), the "LWCF GrantAgreement
General Provisions" are made part of this Agreement and incorporated herein . The Sponsor shall abide by
these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended.
Further, the Sponsor agrees to provide RCO with reports or documents needed to meet the requirements of
the LWCF General Provisions.
sEcTloN 33. PROVTSTONS FOR FARM AND FOREST ACCOUNT PROJECTS (FARMLAND AND
FORESTLAND PRESERVATTON PROJECTS ONLY)
The following sections will not apply to Farmland and Forestland Preservation Projects if covered separately in
a recorded RCO approved Agricultural Conservation Easement, or Forest Conservation Easement (or other
method):
A. Section 15 - lncome and lncome Use;
B. Section 19 - Stewardship and Monitoring;
C. Section 21 - Acknowledgement and Signs;
D. Section 24 - Provisions Applying To Acquisition Projects, Sub-sections D, F, and G;
E. Section 25C -Perpetuity; and
F. Section 26 - Construction, Operation, Use and Maintenance of Assisted Projects.
SECTION 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the
Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has
complied with 50 C.F.R. S 223.203 (bX8) (2000), limit 8 or until an Endangered SpeciesAct consultation is
finalized in writing by the National Oceanic and Atmospheric Administration . Violation of this requirement may
be grounds for terminating this Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
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SECTION 35. PROVISIONS FOR PUGET SOUNDACQUISITION AND RESTORATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded in part or
wholly from the Puget Sound Acquisition and Restoration program.
The Sponsor agrees to the following terms and conditions:
A. Cost Principles/lndirect Gosts For State Agencies. GRANT RECIPIENT agrees to comply with the
cost principles of 2 CFR 200 Subpart E as appropriate to the award. ln addition to the US
Environmental Protection Agency's General Terms and Conditions "lndirect Cost Rate Agreements," if
the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit
its indirect cost rate proposal in accordance with 2 CFR 200 Appendix Vll.
B. Gredit and Acknowledgement. ln addition to Section 21: Acknowledgement and Signs, materials
produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership
(PSP) logos and the following credit line: "This project has been funded wholly or in part by the United
States Environmental Protection Agency. The contents of this document do not necessarily reflect the
views and policies of the Environmental Protection Agency, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use. " This requirement is for the
life of the product, whether during or after the Agreement period of performance.
C. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or
training space funded in whole or part with federal funds, complies with the federal Hotel and Motel
Fire Safety Act (PL 101-391 , as amended). Sponsors may search the Hotel-Motel National Master List
@ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other
information about the Act.
D. Drug Free Workplace Gertification. Sub-recipient (Sponsor) shall make an ongoing, good faith effort
to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part
1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall
identify all known workplaces under its federal awards, and keep this information on file during the
performance of the award. Sponsors who are individuals must comply with the drug-free provisions
set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed
under 2 C.F.R. Part 1536 Subpart E.
E. Management Fees. Management fees or similar charges in excess of the direct costs and approved
indirect rates are not allowable. The term "management fees or similar charges" refers to the
expenses added to direct costs in order to accumulate and reserve funds for ongoing business
expenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees or
similar charges may not be used to improve or expand the project funded under this Agreement,
except for the extent authorized as a direct cost of carrying out the scope of work.
F. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision
applies only to a sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor), if any.
Sub-recipient (Sponsor) shall include the following statement in all sub-awards made to any private
entity under this Agreement.
"You as the sub-recipient, your employees, sub-awardees under this award, and
sub-awardees' employees may not engage in severe forms of trafficking in persons during the
period of time that the award is in effect; procure a commercial sex act during the period of
time that the award is in effect; or use forced labor in the performance of the award or
sub-awards under this Award."
The sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor) must inform RCO
immediately of any information you receive from any source alleging a violation of this prohibition
during the award term.
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The federal agency funding this Agreement may unilaterally terminate, without penalty, the funding
award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as
amended.
G. Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that no grant
funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in
litigation against the United States, unless authorized under existing law. The recipient (Sponsor) shall
abide by its respective Cost Principles (OMB Circulars A-21, A-87 , and A-122), which generally
prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other
political activities.
The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall
include the language of this provision in award documents for all sub-awards exceeding $100,000,
and require that sub-awardees submit certification and disclosure forms accordingly.
ln accordance with the Byrd Anti-Lobbying Amendment, any Sponsor who makes a prohibited
expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure.
All contracts awarded by Sponsor shall contain, when applicable, the anti-lobbying provisions as
stipulated in the Appendix at 40 C.F.R. Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor affirms that it is not a non-profit
organization described in Section 501(c)(4) of the lnternal Revenue Code of 1986; or that it is a
non-profit organization described in Section 501(c)(4) of the code but does not and will not engage in
lobbying activities as defined in Section 3 of the Lobbying Disclosure Act.
H. Reimbursement Limitation. lf the Sponsor expends more than the amount of RCO funding in this
Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO
is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approved
budget.
l. Disadvantaged Business Enterprise Requirements. The Sponsor agrees to comply with the
requirements of EPAs Utilization of Small, Minority and Women's Business Enterprises in
procurements made under this award.
J. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit, to the
maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in
purchases and contracts initiated after the effective date of this Agreement.
These goals are expressed as a percentage of the total dollars available for purchase or agreement
and are as follows:
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4o/oWBE
Professional Services 10% MBE 4o/o WBE
Meeting these goals is voluntary and no agreement award or rejection shall be made based on
achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and
Sponsor and ALL prospective bidders or people submitting qualifications shall take the following
affirmative steps in any procurement initiated after the effective date of this Agreement:
1. lnclude qualified minority and women's businesses on solicitation lists
2. Assure that qualified minority and women's business are solicited whenever they are potential
sources of services or supplies.
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3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to
permit maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department
of Commerce, as appropriate.
K. MBE/WBE Reporting. ln accordance with the deviation from 40 C.F.R. 533.502, signed November 8,
2013, DBE reporting is limited to annual reports and only required for assistance agreements where
one or more the following conditions are met:
1. There are any funds budgeted in the contractual/services, equipment or construction lines of
the award;
2. $3,000 or more is included for supplies; or
3. There are funds budgeted for subawards or loans in which the expected budget(s) meet the
conditions as
4. Described in items (a) and (b)
\Mren completing the form, recipients (Sponsors) should disregard the quarterly and
semi-annual boxes in the reporting period Section 1B of the form. For annual submissions, the
reports are due by October 30th of each year or 90 days after the end of the project period,
whichever comes first.
The reporting requirement is based on planned procurements. Recipients (Sponsors) with
funds budgeted for non-supply procurement and/or $3,000 or more in supplies are required to
report annually whether the planned procurements take place during the reporting period or
not. lf no procurements take place during the reporting period, the recipient should check the
box in Section 58 when completing the form.
MBEM/BE reports should be sent to the DBE Coordinator in the Sponsor's region. Contact
information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators also
can answer any questions.
Final MBEMBE reports must be submitted within 90 days after the project period of the grant
ends. To be in compliance with regulations, the Sponsor must submit a final MBEMBE report.
Non-compliance may impact future competitive grant proposals. The current EPA Form
5700-52A can be found at the EPA Office of Small Business Program's Home Page at
http ://www.epa. gov/osbp/dbe_reporti ng. htm.
L. Procurement involving an EPA Financial Assistance Agreement, Pursuant to 40 C.F.R. S 33.301,
the Sponsor agrees to make the following six good faith efforts whenever procuring construction ,
equipment, services and supplies under an EPA financial assistance agreement, and to require that
sub-recipients (Sponsors), and prime contractors also comply. Records documenting compliance with
the six good faith efforts shall be retained:
1. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities. For
lndian Tribal, State and Local and Government Sponsors, this will include placing DBEs on
solicitation lists and soliciting them whenever they are potential sources.
RCO 16-1513A Revision Date: 1 I 1 1 1201 I Page 31 of 37
2. Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar
days before the bid or proposal closing date.
3. Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For lndian Tribal, State and local Government Sponsors, this will
include dividing total requirements when economically feasible into smaller tasks or quantities
to permit maximum participation by DBEs in the competitive process.
4. Encourage contracting with a consortium of DBEs when an agreement is too large for one of
these firms to handle individually.
5. Use the services and assistance of the Small Business Administration (SBA) and the Minority
Business Development of the Department of Commerce.
6. lf the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a)
through (e) of this section.
M. Lobbying & Litigation. By signing this Agreement, the Sponsor certifies that none of the funds
received from this Agreement shall be used to engage in the lobbying of the Federal Government or in
litigation against the United States unless authorized under existing law.
The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under
this Agreement are used to engage in lobbying of the Federal Government or in litigation against the
United States unless authorized under existing law. The Sponsor shall abide by its respective
Attachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation against
the United States or for lobbying or other political activities.
For subawards exceeding $100,000, EPA requires the following certification and disclosure forms:
Certification Regarding Lobbying, EPA Form 6600-06:
http://www. epa. gov/ogd/AppKiUform/Lobbying_sec. pdf
2. Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKiVform/sflllin_sec.pdf
3. Legal expenses required in the administration of Federal programs are allowable. Legal
expenses for prosecution of claims against the Federal Government are unallowable.
N. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individual
consultants retained by recipients (Sponsors) or by a recipients' (Sponsor's) contractors or
subcontractors shall be limited to the maximum daily rate for Level lV of the Executive Schedule
(formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated
individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in accordance
with his/her normal travel reimbursement practices).
Subagreements with firms for services that are awarded using the procurement requirements in 40
C.F.R. Parts 30 or 31 , are not affected by this limitation unless the terms of the contract provide the
recipient (Sponsor) with responsibility for the selection, direction and control of the individual who will
be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. S
30.27(b) or 40 C.F.R. S 31.369(D, as applicable, for additional information.
As of January 1,2014, the limit is $602.24 per day $75.28 per hour.
1
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O. Peer Review. \A/here appropriate, prior to finalizing any significant technical products the Principal
lnvestigator (Pl) of this project must solicit advice, review, and feedback from a technical review or
advisory group consisting of relevant subject matter specialists. A record of comments and a brief
description of how respective comments are addressed by the Pl will be provided to the Project
Monitor prior to releasing any final reports or products resulting from the funded study.
P. lnternational Travel (lncluding Canada). All lnternational Travel must be approved by the US
Environmental Protection Agency's Office of lnternational and Tribal Affairs (OITA) BEFORE travel
occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA
approval. Please contact your Partnership Project manager as soon as possible if travel is planned
out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA
Project Officer if they approve of such travel.
O. Unliquidated Obligations (ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any,
should manage their agreement and subaward funding in ways that reduce the length of time that
federal funds obligated and committed to subaward projects are unspent (not yet drawn down through
disbursements to sub-recipients and sub-awardees).
SECTION 36. 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:
1. Federal law and binding executive orders;
2. Code of federal regulations;
3. Terms and conditions of a grant award to the state from the federal government;
4. Federal grant program policies and procedures adopted by a federal agency that are required
to be applied by federal law;
5. State law (constitution, statute);
6. Washington Administrative Code;
7. Funding board or RCO policies.
SECTION 37. 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
SECTION 38. 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 director's designee, and attached as an amendment to the originalAgreement.
sEcTroN 39.APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR
BREACH
RCO 16-1513A Revision Dale: 1 I 11 1201 I Page 33 of 37
The funding board and RCO rely 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 thisAgreement.
SECTION 40. SPECIFIC PERFORMANCE
The funding board and 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 funding board or RCO shall be deemed exclusive. The funding board or
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.
SECTION 41. TERMINATION AND SUSPENSION
The funding board and 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 all funding board and RCO
policies, and with the representations of the Sponsor in its application for a grant as finally approved by the
funding board. For federal awards, notification of termination will comply with 2 C.F.R. S 200.340.
A. ForGause.
1. The funding board or the 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 funding board or 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 Sponsor(s) cannot mutually agree on the process and
actions needed to implement the project;
2. Prior to termination, the RCO or the funding board 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 or board 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 otherwise 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 16-1513A Revision Dale: 1 I 11 1201 8 Page 34 of 37
C. Rights of Remedies of the RCO.
1. The rights and remedies of RCO provided in thisAgreement 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 funding board or director, after any portion of
the grant amount has been paid to the Sponsor under this Agreement, the funding board or
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.
1. 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.
SECTION 42. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and the
funding board, 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 under this 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 third person shall be chosen by the funding
board's chair.
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 thisAgreement 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 othenarise
unlavyful.
RCO 16-1513A Revision Dale: 1 I 11 1201 I Page 35 of 37
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.
SECTION43. 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.
SECTION 44. GOVERNING LAWruENUE
This Agreement shall be construed and interpreted in accordance with lhe 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; otherwise venue shall be in a county where the project 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 \Ahshington.
sEcTtoN 45.PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE
SPONSOR
ln the cases where thisAgreement is between the funding board (which includes the State of Washington for
purposes of this Agreement) and a federally recognized lndian Tribe, the following terms and conditions apply,
but only between those parties:
A. Notwithstanding the above venue provision, if the State of Washington intends to initiate legal action
against a federally recognized lndian tribe relating to the performance, breach, or enforcement of this
Agreement, it shall so notify the Tribe. lf the Tribe believes that a good faith basis exists for subject
matter jurisdiction of such an action in federal court, the Tribe shall so notifi7 the State within five days
of receipt of such notice and state the basis for such jurisdiction. lf the Tribe so notifies the State, the
State shall bring such action in federal court, otherwise the State may sue the Tribe in the Thurston
County Superior Court, or such other superior court where venue is proper, if not proper in Thurston
County. lnterpretation of the Agreement shall be according to applicable State law, except to the
extent preempted by federal law. ln the event suit is brought in federal court and the federal court
determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal
Party, then the State may bring suit in Thurston County Superior Court or such other superior court
where venue is proper, if not proper in Thurston County.
B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise,
resulting from such actions under subsection A above, shall be binding and enforceable on the
parties. Any money judgment or award against a Tribe, tribal officers, or employees, or the State of
Washington, its agencies, or its officers and employees may exceed the amount of funding awarded
under this Agreement.
C. As requested by RCO, the Tribe shall provide to RCO its governing requirements and procedures for
entering into Agreement with RCO and waiving its sovereign immunity. ln addition, the tribe shall
provide to RCO all authorizations the Tribe requires to authorize the person (s) signing the Agreement
on the Tribe's behalf to bind the Tribe and waive the Tribe's sovereign immunity as provided herein .
RCO 16-1513A Revision Dale: 111112018 Page 36 of 37
D. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited
purposes of allowing the State to bring and prosecute to completion such actions relating to the
performance, breach, or enforcement of this Agreement as provided in subsection A above, and to
bring actions to enforce any judgment arising from such actions. This waiver is not for the benefit of
any third party and shall not be enforceable by any third party or by any assignee of the parties. ln any
enforcement action, the parties shall bear their own enforcement costs, including attorneys'fees.
For purposes of this provision, the State includes the funding board, the RCO, and any other state agencies
as the term "agency" is broadly understood to include, but not be limited to, departments, commissions,
boards, divisions, bureaus, committees, offices, councils, societies, etc.
SECTION 46. 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.
RCO 16-1513A Revision Date:'l l'11 l2O1 8 Page 37 of 37
Eligible Scope Activities
Project Sponsor:
Project Title:
Program:
City of Kent
Clark Lake Park Expansion: Walla Acquisition
\ M/RP - Local Parks
Project Number: 16-1513
Project Type: Acquisition
Approval: 21112018
Acquisition Metrics
Property: Walla Property (Worksite #1, Clark Lake Park)
Real Property Acquisition
Land
Acres by Acreage Type (fee simple):
Wetlands
Uplands
Existing structures on site:
Incidentals
Appraisal
Appraisal Review
Glosing, Recording, Taxes, Title
Cultural resources (Acq)
Demolition
Buildings / structures to be demolished:
Fencing (Acq)
Number of linear feet of fencing to be built:
Noxious weed control
Acres treated for noxious weeds by method:
Mechanical
Survey (Acq)
Wetland Delineations
Administrative Costs (Acq)
Administrative costs (Acq)
0.25
5.25
Structures to be demolished
A house built in 1913, a tool shed, a
small abandoned single family home, a
pump building, and the foundation of a
barn that burned down about 't0 years
ago. An onsite Septic system will also
need to be decommissioned.
Sposnor wi''l/ salvage what they can from
the existing house.
400
5.50
t,
ELIGREIM.RPT April 17,2018 Page:
Project Number:
Project Name:
Sponsor:
Project Manager:
X = lVlilestone Complete
! = Critical Milestone
Milestone Report By Project
16-1513A
Clark Lake Park Expansion: WallaAcquisition
Kent City of
Karl Jacobs
x Order Appraisal(s)01to1t2016
x !Order Appraisal Review(s)04t15t2016
x I Purchase Agreement Signed 07131t2016
x !Acquisition Closing 12t31t2016 Waiver of retroactivity #16-12,
Project Start o4t17t2018
Recorded Acq Documents to RCO 05t31t2018
!Progress Report Due 06t30t2018
Cultural Resources Complete 06/30/2018 Survey required. See special condition
#1.
!Annual Project Billing Due 07t01t2018
Survey Complete 12t31t2018
!Progress Report Due 12t31t2018
Demolition Complete 03t31t2019
Fencing Complete o5t31t2019
Funding Acknowl Sign Posted 06t01t2019
RCO Final lnspection 06t15t2019
Noxious Weed Control Complete 06t15t2019
Agreement End Date 06t30t2019
Final Billing Due 07t01t2019 Submit prior to final report.
Final Report Due 07t02t2019 Submit after, but within 10 days of, final
billing.
Comments/DescriptionXMilestoneDate
l MILESTO.RPT April 17, 2018 Page:
Agenda Item: Consent Calendar – 8G_
TO: City Council
DATE: June 5, 2018
SUBJECT: Establishment of Riverbend Golf Complex’s Capital Funds and Cash
Reserves – Approve
SUMMARY:
The City Council in May of 2017, authorized the sale of the Par 3 property at
Riverbend Golf Course for $10,500,000 to Auburn-based FNW, Inc./Landmark
Development Group for a mixed-use project. This sale will eliminate Riverbend’s
interfund loan of $4,000,000 (est), establish new cash reserves of $500,000 and also
provide a capital re-investment in the Riverbend Golf Complex. These are critical goals
developed in the August 2017 Riverbend Business Plan.
Debt payment, capital reinvestment, and cash reserves establishment will be
completed in two phases, based on the purchase and sale agreement and closing
schedule created at the time of the sale. Phase I is now complete and closed, with
FNW, Inc./Landmark Development paying $6,146,341 which is 59% of the
$10,500,000 total sale price.
Payment received for Phase 1 will reduce the existing $4,000,000 (est) interfund loan
down by ($2,341,463) leaving a remaining balance of $1,658,537 (est), establish
59%, $292,683, of the new $500,000 cash reserve and the remaining balance will pay
for closing costs, outside counsel expenses, and establish a new capital improvements
budget for Riverbend.
The capital improvement budget for Phase 1 is estimated to be $3,278,294. The final
contribution to capital improvements is contingent upon the final billing for outside
counsel. Capital projects are in alignment with the Capital Improvement Plan created
in the August 2017 Riverbend Business Plan. When closing of Phase II occurs, staff will
come back to the Council to allocated remaining balances.
Capital improvement for Phase 1 payment will be allocated as follows: $100,000 for
18 Hole Clubhouse Expansion/Remodel, $2,225,000 for Driving Range
Expansion/Remodel, $750,000 for Maintenance Equipment Replacement (4-year lease
for $187,500 per year starting in 2018), $40,000 for 18 Hole Golf Course Renovations
and Improvements, $40,000 for Driving Range Ball Machine, and $123,294
Unallocated Balance.
MOTION: Authorize the Mayor establish the Riverbend Golf Complex’s
capital budget and cash reserves account based on proceeds received from
the sale of the Par 3 property at Riverbend Golf Course, in alignment with
Riverbend’s August 2017 Business Plan.
EXHIBITS: None
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Kaur, Boyce NAY:
BUDGET IMPACT:
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
Agenda Item: Consent Calendar – 8H_
TO: City Council
DATE: June 5, 2018
SUBJECT: Set Public Hearing Date for the 2019-2024 Six-Year Transportation
Improvement Program
SUMMARY: The draft 2019-2024 Six-Year Transportation Improvement Program
(TIP) was presented at the May 21, 2018, Public Works Committee meeting. At that
meeting, the Committee moved to recommend that Council set a public hearing for
the TIP on June 5, 2018. However, this action by the Committee did not allow
sufficient time for Council to take formal action to set the hearing and direct the Clerk
to give proper notice of the hearing. Therefore, staff asks that Council set June 19,
2018, as the public hearing date for consideration of the TIP, which will allow the City
Clerk ample time to give the public notice of the public hearing. At its June 19th
meeting, at the close of the public hearing, Council may adopt a resolution that
approves the 2019-2024 TIP, if it is so inclined to do so.
The TIP represents the City’s proposed transportation improvement work program for
the next six years. Per RCW 35.77.010, the six-year plan for each city shall
specifically set forth those projects and programs of regional significance for inclusion
in the transportation improvement program within that region. The program is also
required to be consistent with the Kent Comprehensive Plan.
Including projects in the Six-Year TIP allows the City to search for funding partners
and apply for grants. Most State and Federal agencies require projects be included in
the City’s adopted Six-Year TIP to be eligible for grants.
EXHIBITS: Draft 2019-2024 Six-Year Transportation Improvement Program
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACT: Each project or program within the TIP has a different budget
impact as noted in the attached narrative.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense
of belonging.
MOTION: Authorize the Mayor to set June 19, 2018, as the public hearing
date to consider adoption of the 2019-2024 Six-Year Transportation
Improvement Program.
This page intentionally left blank.
DRAFT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2019 – 2024
CITY OF KENT
WASHINGTON
DRAFT SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM
2019 – 2024
Mayor Dana Ralph
June XX, 2018
Timothy J. LaPorte, PE,
Director of Public Works
DRAFT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2019 – 2024
Table of Contents:
Resolution .................................................................................................... i
Introduction ................................................................................................. iii
Project List .................................................................................................. v
2019 – 2024 Six-Year TIP Cost Estimates ........................................................ vii
Map of Projects .......................................................................................... viii
Project Descriptions ...................................................................................... 1
Contact Information .................................................................................... 29
On the Cover: Kent Regional Trails Connector – Green River Trail to Interurban
Trail at South 218th Street – Heading west between West Valley Highway and 64th
Avenue South (left) and 72nd Avenue South Extension from South 200th Street to
South 196th Street (right)
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT iii
Introduction
Overview
The Six-Year Transportation Improvement Program (TIP) is a short-range planning
document that is updated annually based on needs and policies identified in the
City’s adopted Comprehensive Plan and Transportation Master Plan (TMP). The TIP
represents Kent’s current list of needed projects that are anticipated to begin
preliminary engineering, right of way acquisition or construction within the next six
years. The TIP also includes ongoing citywide transportation programs. Projects and
programs included in the plan are those that are considered to be regionally
significant.
The document identifies secured or reasonably expected revenue sources for each
project or program. The TIP serves as a draft work plan for the development of the
local transportation network. Once adopted, the TIP will guide funding and
implementation priorities during the development of the transportation portion of
the Six-Year Capital Improvement Program (CIP). The CIP shows the City-funded
portion of projects and is constrained by current budget forecasts, whereas the TIP
shows a complete project list with the variety of funding sources and partners
involved.
Historically, the largest sources of funding for TIP capital projects have been grants.
Funding for transportation projects is available from federal, state and local
resources. Each funding source has specific rules and guidelines about what types
of projects it will fund, how much of a project will be funded and timelines for
expenditure of funds. Additionally, most grant programs require a funding match,
which means that the City must also contribute funding to the cost of a project.
The City of Kent funds transportation capital projects using the General Fund,
Street Fund, Local Improvement Districts, Transportation Impact Fees, Business
and Occupation Tax, Solid Waste Utility Tax, and grant revenue from local, state
and federal governments. One reason the TIP is updated annually is that many
revenue sources are closely tied to the health of the economy and can therefore be
unpredictable.
Document Structure
Each project or program listed in the TIP includes an estimated cost, the amount of
funding secured or unsecured and the funding source(s). If grant funding has been
secured from a specific source, it is identified. Projects listed that are necessary to
accommodate growth and allow the City to maintain its adopted Levels of Service
may be funded in part by transportation impact fees. The costs for projects
programmed in the first three years of the TIP have been developed with a higher
level of certainty whereas those in the latter three years have been developed with
less specificity, as those projects are generally less defined.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT iv
Requirements
State law requires that each city develop a local TIP and that it be updated annually
(RCW 35.77.010). It represents an important planning component under the State’s
Growth Management Act. The TIP must be consistent with the transportation
element of the City’s Comprehensive Plan. The TIP may be revised at any time
during the year by a majority of the Council, after a Public Hearing. In order to
compete for transportation funding grants from federal and state sources, granting
agencies require projects to be included in the TIP.
Changes to the TIP
The City updated its Comprehensive Plan in 2015. The first six years of the
Comprehensive Plan are financially constrained, meaning that secured funding is
demonstrated within an approved budget or similarly approved funding action.
Subsequently, the 2019-2024 TIP has been revised to reflect projects that will likely
be constructed using existing funding sources as well as the City’s historical record
of average grant disbursements. Capital Streets Projects that do not have any
identified funding sources have been removed from the plan. Projects and programs
were reclassified where appropriate.
Table 1
Projects Added
PROJECT NAME
Safe Routes to Schools Improvements at Neeley-O’Brien Elementary - Traffic Signal
at 64th Avenue South and South 236th Street
South 212th Street from East Valley Highway to 72nd Avenue South - Preservation
East Valley Highway from South 196th Street to South 212th Street - Preservation
Kent Transit Center - Access Mobility and Safety Improvements
Auburn to Renton Rapid Ride - Access Improvements
Central Avenue - Traffic Signal Communication
Table 2
Projects Removed
PROJECT NAME COMMENTS
72nd Avenue South Extension– South 200th Street to South 196th
Street Completed
Kent Regional Trails Connector – Green River Trail to Interurban Trail
at South 218th Street Completed
Southeast 208th Street and 108th Avenue Southeast Intersection
Improvements – Intersection Operations Enhancement Completed
132nd Avenue Pedestrian Improvements – Kent-Kangley Road to
Southeast 248th Street Completed
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT v
Project List
Project Project Name
Number Project Location and Extent
1. South 224th Street Extension (Phase I)
84th Avenue South to 88th Avenue South
2. Naden Avenue and Willis Street Intersection Improvements
Intersection Operations Enhancement
3. Naden Local Access Road
Willis Street to Naden Site
4. Flashing Yellow Left Turn Arrows
Northern Industrial Valley
5. South 228th Street/Union Pacific Railroad Grade Separation
Grade-Separated Crossing at Union Pacific Railroad
6. Transportation Master Plan
7. Meet Me on Meeker
Intersection Improvements at 4th Avenue South
8. South 224th Street Extension (Phase II)
88th Avenue South to 94th Place South
9. Railroad Quiet Zone for Downtown Urban Center
Burlington Northern Santa Fe and Union Pacific Railroads
10. Willis Street Roundabout
Willis Street at 4th Avenue South
11. Safe Routes to Schools Improvements at Meridian Elementary
Southeast 256th Street and 140th Avenue Southeast
12. Willis Street and Central Avenue Intersection Improvements
Intersection Operations Enhancement
13. Southeast 248th Street Improvements
104th Avenue South to 116th Avenue South
14. Panther Lake Signal System Integration
15. Safe Routes to Schools Improvements at Neeley-O’Brien
Elementary
64th Avenue South and South 236th Street
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN
CITY OF KENT vi
16. Kent Transit Center
Access Mobility and Safety Improvements
17. Auburn to Renton Rapid Ride
Access Improvements
18. Central Avenue
Traffic Signal Communication
19. Veteran’s Drive Extension
Military Road to I-5 Southbound Off-ramp
20. Meeker Frontage Improvements
Driving range from Colony Park apartment driveway to western edge
of private development property (east of Russell Road)
21. South 212th Street
East Valley Highway to 72nd Avenue South
22. East Valley Highway
South 196th Street to South 212th Street
23. 76th Avenue South
22400 Block to 21700 Block
24. South 224th Street Extension (Phase III)
South 216th Street/South 218th Street from 94th Place South to 108th
Avenue Southeast (State Route 515/Benson Highway)
ONGOING CITYWIDE PROGRAMS
25. Street and Sidewalk Preservation and Repair Program
26. Traffic Signal Management Program
27. Channelization and Pavement Markings Maintenance Program
28. Guardrail Safety Improvement Program
DRAFT 2019‐2024 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAM
No. Project
Start
Year Past Future
1 South 224th Street Extension
(Phase I)2019 $ 22,840,000 8,620,000$ 14,220,000$ -$ 22,840,000$ -$ 3,440,000$ 1,350,000$ 18,050,000$
2
Naden Avenue and Willis
Street Intersection
Improvements
2019 $ 830,000 -$ 300,000$ 530,000$ 830,000$ -$ 75,000$ 175,000$ 580,000$
3 Naden Local Access Road 2019 $ 1,900,000 -$ -$ 1,900,000$ 1,900,000$ -$ 200,000$ 100,000$ 1,600,000$
4 Flashing Yellow Left Turn
Arrows 2019 $ 869,000 21,561$ 847,439$ -$ 869,000$ -$ 56,000$ -$ 813,000$
5
South 228th Street/Union
Pacific Railroad Grade
Separation
2019 $ 43,100,000 9,272,000$ 20,729,000$ 13,099,000$ 43,100,000$ -$ 5,280,000$ 5,060,000$ 32,760,000$
6 Transportation Master Plan 2019 $ 800,000 -$ 390,000$ 410,000$ 800,000$ 800,000$ -$ -$ -$
7 Meet Me on Meeker 2019 $ 250,000 -$ 250,000$ -$ 250,000$ -$ 50,000$ -$ 200,000$
8 South 224th Street Extension
(Phase II)2019 $ 13,670,000 1,133,056$ 6,866,943$ 5,670,001$ 13,670,000$ -$ 1,020,000$ 1,160,000$ 11,490,000$
9 Railroad Quiet Zone for
Downtown Urban Center 2019 $ 3,150,000 114,000$ 3,036,000$ -$ 3,150,000$ -$ 220,000$ 80,000$ 2,850,000$
10 Willis Street Roundabout 2019 $ 3,000,000 -$ 3,000,000$ -$ 3,000,000$ -$ 350,000$ -$ 2,650,000$
11
Safe Routes to Schools
Improvements at Meridian
Elementary
2020 $ 961,019 -$ -$ 961,019$ 961,019$ 110,887$ -$ 850,132$
12
E Willis Street and Central
Avenue South Intersection
Improvements
2020 $ 500,000 -$ 168,000$ 332,000$ 500,000$ -$ 44,000$ 166,000$ 290,000$
13 South 248th Street
Improvements 2020 $ 10,000,000 -$ -$ 10,000,000$ 10,000,000$ -$ 500,000$ 1,000,000$ 8,500,000$
14 Panther Lake Signal System
Integration 2020 $ 400,000 -$ -$ 400,000$ 400,000$ -$ 50,000$ -$ 350,000$
15
Safe Routes to Schools
Improvements at Neeley-
O’Brien Elementary
2020 $ 960,914 -$ -$ 960,914$ 960,914$ 92,241$ 100,000$ 768,673$
16 Kent Transit Center 2020 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ 150,000$ 713,000$ -$ 2,137,000$
PR
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PROJECT COSTS PHASES
Project Costs
Total
Secured Unsecured Phases Total Other
Preliminary
Engineering Right of Way Construction
CITY OF KENT
DRAFT 2019‐2024 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAM
No. Project
Start
Year Past Future
PROJECT COSTS PHASES
Project Costs
Total
Secured Unsecured Phases Total Other
Preliminary
Engineering Right of Way Construction
17 Auburn to Renton Rapid Ride 2020 $ 10,000,000 -$ -$ 10,000,000$ 10,000,000$ 2,500,000$ 1,875,000$ -$ 5,625,000$
18 Central Avenue 2020 $ 5,000,000 -$ -$ 5,000,000$ 5,000,000$ 250,000$ 1,188,000$ -$ 3,562,000$
19 Veterans Drive Extension 2021 $ 51,620,000 -$ 45,374,000$ 6,246,000$ 51,620,000$ -$ 2,765,000$ 10,270,000$ 38,585,000$
20 Meeker Frontage
Improvements 2021 $ 3,191,000 -$ -$ 3,191,000$ 3,191,000$ -$ 370,000$ 100,000$ 2,721,000$
21 South 212th Street 2021 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ -$ 200,000$ 240,000$ 2,560,000$
22 East Valley Highway 2021 $ 3,000,000 -$ -$ 3,000,000$ 3,000,000$ -$ 225,000$ 175,000$ 2,600,000$
23 76th Avenue South 2022 $ 5,000,000 -$ -$ 5,000,000$ 5,000,000$ -$ 500,000$ -$ 4,500,000$
24 South 224th Street Extension
(Phase III)2023 $ 15,500,000 -$ 100,000$ 15,400,000$ 15,500,000$ -$ 1,500,000$ 1,000,000$ 13,000,000$
$ 202,541,933 $ 19,160,617 $ 95,281,382 $ 88,099,934 202,541,933$ 3,700,000$ 20,824,128$ 20,976,000$ 157,041,805$
25 Street and Sidewalk
Preservation and Repair $ 106,200,000 N/A $ 38,400,000 $ 67,800,000 106,200,000$ -$ 14,868,000$ 1,062,000$ 90,270,000$
26 Traffic Signal Management $ 4,200,000 N/A $ - $ 4,200,000 4,200,000$ -$ 600,000$ -$ 3,600,000$
27 Channelization and Pavement
Markings Maintenance $ 4,800,000 N/A $ 3,390,000 $ 1,410,000 4,800,000$ -$ 720,000$ -$ 4,080,000$
28 Guardrail Safety
Improvements $ 600,000 N/A $ - $ 600,000 600,000$ -$ 60,000$ -$ 540,000$
$ 231,600,000 N/A $ 115,800,000 $ 115,800,000 115,800,000$ -$ 16,248,000$ 1,062,000$ 98,490,000$
434,141,933$ 19,160,617$ 211,081,382$ 203,899,934$ 318,341,933$ 3,700,000$ 37,072,128$ 22,038,000$ 255,531,805$ Grand Total
PR
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P
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Total Projects
Total Programs
CITY OF KENT
RentonSeaTac
Auburn
3
16
19
1
20
823
13
24
22
21
9
9
18
12
5
10
11
2
15
7
17
Legend
Interstate
State Ro ute
Ro ads
Rivers and Lakes
0 0.5 1
Mile
®
Revised May 15, 2018
City of Kent2019 - 2024 Transportation Improvement Program
The City of Kent ("City") reasonably believes that making this information available for your inspection is not an infringement or other violation of any intellectual property rights. To the extent copyright in saidinformation is held by the City you are hereby permitted by the City to copy, distribute, and otherwise use the information with one exception. No oneis permitted to sell this information except in accordance with a written agreement with the City.
Projects 4, 6, 14, 25, 26, 27, and 28 are not depicted on this m ap.
TIP Projects
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
CITY OF KENT 1
Project Descriptions
PROJECT #1: South 224th Street Extension (Phase I)
84th Avenue South to 88th Avenue South
YEAR: 2019
DESCRIPTION: Construct a three-lane road from 84th Avenue South to 88th
Avenue South, including a new bridge over SR 167. The project
will include full-width paving; concrete curbs, gutters and
sidewalks; five foot paved shoulders; street lighting; storm
drainage; landscaping; utilities and appurtenances. Construction
began in 2017 and will be completed in 2019.
PROJECT COST: Preliminary Engineering .... $3,440,000
Right of Way Acquisition ... $1,350,000
Construction ................ $18,050,000
TOTAL ........................ $22,840,000
Secured Funding ............ $22,840,000
FUNDING
SOURCE(S): City of Kent (Drainage Fund, Local Improvement District,
Special Assessments), Developer Mitigation, Transportation
Improvement Board
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent’s East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South 208th/212th Street and James/Southeast 240th
Streets are also at or over capacity. Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 240th Street and South 208th/212th
Street ‘corridors’ enough to accommodate forecast traffic
volumes without additional east-west capacity.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 2
PROJECT #2: Naden Avenue and Willis Street Intersection
Improvements
Intersection Operation Enhancement
YEAR: 2019
DESCRIPTION: Build right-in/right-out intersection on Willis Street (State Route
516) at Naden Avenue consistent with Washington State
Department of Transportation approval.
PROJECT COST: Preliminary Engineering $75,000
Right of Way Acquisition ...... $175,000
Construction ..................... $580,000
TOTAL ............................. $935,000
Secured Funding ................. $300,000
FUNDING
SOURCE(S): City of Kent (Local Improvement District, Transportation Capital
Fund)
PROJECT
JUSTIFICATION: This project will provide access to the City’s Naden site. The Naden
site is placed strategically at the entrance to Kent’s Downtown,
highly approachable and visible from State Route State Route 167
and State Route 516. The Kent Downtown Subarea Action Plan
describes this area as critical to projecting a good image of the City.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 3
PROJECT #3: Naden Local Access Road
Willis Street to Naden Site
YEAR: 2019
DESCRIPTION: Build local access road from Willis Street to the Naden site to
prepare the site for development.
PROJECT COST: Preliminary Engineering ....... $200,000
Right of Way Acquisition ...... $100,000
Construction .................. $1,600,000
TOTAL .......................... $1,900,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Developer Mitigation, General Fund, Local
Improvement District, Economic and Community Development
Placemaking Fund)
PROJECT
JUSTIFICATION: This project will build upon the Naden Avenue and Willis Street
intersection improvements, allowing for greater development
potential for the Naden site. This area is adjacent to State Route 167
and State Route 516 and serves as a gateway to visitors. The Kent
Downtown Subarea Action Plan describes this area as critical to
projecting a good image of the City. Landscaping will buffer
development from Puget Sound Energy overhead distribution power
lines. Additionally, this project will provide on-street parking, which
will improve access to the Interurban Trail.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 4
PROJECT #4: Flashing Yellow Left Turn Arrows
North Industrial Valley
YEAR: 2019
DESCRIPTION: Purchase and install five traffic signal cabinets, 34 controllers
and applicable communications capable of supporting flashing
yellow left turn arrow (FYLTA) displays for permissive left turns
at 14 intersections in the north Kent Valley.
PROJECT COST: Preliminary Engineering ......... $56,000
Right of Way Acquisition ................ $0
Construction ..................... $813,000
TOTAL ............................. $869,000
Secured Funding ................. $869,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax) Federal Highway
Safety Improvement Program
PROJECT
JUSTIFICATION: This project builds upon a previous Federal Highway Safety
Improvement Program funded project that included replacement
of the master signal controller unit and installation of the FYLTAs
in the downtown area. This type of signal display has been
demonstrated to be much more readily understood by motorists
and has resulted in reduced collision rates involving vehicles
turning left during permissive left turn signal phases. The
upgrade to the legacy central traffic signal control system and
more advanced intersection traffic signal controllers will allow
greater operation flexibility and improved transportation system
efficiency.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 5
PROJECT #5: South 228th Street/Union Pacific Railroad Grade Separation
Grade-Separated Crossing at Union Pacific Railroad
YEAR: 2019
DESCRIPTION: Construct grade separation of the Union Pacific Railroad
mainline tracks at South 228th Street. The project will include
the construction of a bridge; four-lane vehicle crossing; full-
width paving; concrete curbs, gutters and sidewalks; bicycle
facilities; street lighting; utilities and appurtenances.
Construction is underway, utilities are being relocated. This
project has also been added to the Washington State Freight
Plan. Construction began in 2016.
PROJECT COST: Preliminary Engineering .... $5,280,000
Right of Way Acquisition ... $5,060,000
Construction ................ $32,760,000
TOTAL ........................ $43,100,000
Secured Funding ............ $30,001,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Drainage Fund,
Local Improvement District, Street Fund, and Water Fund),
Freight Action Strategy for Everett-Seattle-Tacoma Corridor,
Freight Mobility Strategic Investment Board, Port of Seattle,
Union Pacific Railroad
PROJECT
JUSTIFICATION: The project will lead to a seamless connection between major
freight handlers and their primary destinations. It will support
freight moving through Kent to the Ports of Seattle and Tacoma,
SeaTac Airport and the freeway system. Grade separating this
arterial will increase roadway capacity, decrease congestion,
enhance safety and improve freight mobility in this corridor and
throughout the region. This project will provide regional
connections for thousands of businesses, employers, and the 40
million square feet of warehouse/industrial space in the valley.
Construction is underway.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 6
PROJECT #6: Transportation Master Plan
YEAR: 2019
DESCRIPTION: Major update to the Transportation Master Plan (TMP) including
near-term and long range planning of the City’s transportation
system needs. Project elements will include consultant contracts
for assistance with the TMP development. The transportation
network includes non-motorized infrastructure such as bicycle
facilities and sidewalks. The current TMP was completed in 2008
and needs to be updated.
PROJECT COST: Contractor ........................ $250,000
TOTAL ............................ $800,000
Secured Funding ................ $390,000
FUNDING
SOURCE(S): City of Kent (General Fund)
PROJECT
JUSTIFICATION: The Kent Transportation Master Plan (TMP), as incorporated into
the City’s Comprehensive Plan, is the City’s blueprint for long-
range transportation planning in Kent. When the City’s
Comprehensive Plan was approved by the Puget Sound Regional
Council in 2015, the City deferred an update to the
Transportation Master Plan to 2017. This update will include a
multi-year transportation financing plan. The plan will also
consider subarea and functional plans adopted since 2008 and
newly-funded major corridors serving Kent:
Midway Subarea Plan
Downtown Subarea Action Plan
Federal Way Link Extension
State Route 509 extension
State Route 167 improvements
Let’s Go Kent
Park & Open Space Plan 2016
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 7
PROJECT #7: Meet Me on Meeker
Intersection Improvements at 4th Avenue South
YEAR: 2019
DESCRIPTION: Install curb bulb outs at the intersection of 4th Avenue South on
the west side. The curb bulb outs project has been preliminarily
assessed with respect to the complete streets requirements.
PROJECT COST: Preliminary Engineering ........ $50,000
Construction ..................... $200,000
TOTAL ............................ $250,000
Secured Funding ................ $250,000
FUNDING
SOURCE(S): Complete Streets Award from the Transportation Improvement
Board
PROJECT
JUSTIFICATION: The project is intended to make the intersection more inviting
for pedestrians, as part of the overall Meet Me on Meeker vision
for the corridor. The project supports visitors to local
businesses, as well as residents, seniors and commuters. The
project supports and originates from the Economic Development
Plan, adopted by City Council—particularly the strategies to
beautify Kent streetscapes and strengthen sense of place by
designating and improving key gateways into Kent.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 8
PROJECT #8: South 224th Street Extension (Phase II)
88th Avenue South to 94th Place South
YEAR: 2019
DESCRIPTION: Construct a three-lane road from 88th Avenue South to 94th
Place South, including a new bridge over Garrison Creek. The
project will include full-width paving; concrete curbs, gutters
and sidewalks; five foot paved shoulders; street lighting; storm
drainage; landscaping; utilities and appurtenances. Construction
will begin in 2018.
PROJECT COST: Preliminary Engineering .... $1,020,000
Right of Way Acquisition ... $1,160,000
Construction ................ $11,490,000
TOTAL ........................ $13,670,000
Secured Funding .............. $8,000,000
FUNDING
SOURCE(S): City of Kent (Drainage Fund, Local Improvement District,
Special Assessments, Transportation Impact Fee), Developer
Mitigation, Transportation Improvement Board
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent’s East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South 208th/212th Street and James/Southeast 240th
Streets are also at or over capacity. Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 240th Street and South 208th/212th
Street ‘corridors’ enough to accommodate forecast traffic
volumes without additional east-west capacity.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 9
PROJECT #9: Railroad Quiet Zone for Downtown Urban Center
Burlington Northern Santa Fe and Union Pacific Railroads
YEAR: 2019
DESCRIPTION: Establish a railroad quiet zone for the Burlington Northern Santa
Fe Railway (BNSF) tracks and the Union Pacific Railroad (UPRR)
tracks through the City. The grade crossings to be included in
the quiet zone on the BNSF railroad mainline are: South 259th
Street, Willis Street, Titus Street, Gowe Street, Meeker Street,
Smith Street, James Street, and South 212th Street. The grade
crossings included in the quiet zone for the UPRR mainline
tracks are: Willis Street (State Route 516), West Smith Street,
West Meeker Street, West James Street and South 212th Street.
PROJECT COST: Preliminary Engineering ....... $220,000
Right of Way Acquisition ........ $80,000
Construction .................. $2,850,000
TOTAL .......................... $3,150,000
Secured Funding .............. $3,150,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax), Washington Utilities
and Transportation Commission
PROJECT
JUSTIFICATION: Locomotive engineers begin sounding the train-mounted horn
approximately a quarter mile from the intersection of a
highway/railroad crossing. Train horns are an effective warning
of a train approaching grade crossings, but they expose the
local community to significant noise. Reducing that noise
through a quiet zone will improve the quality of life for those
living and working closest to the railroad facilities, and could
eliminate a barrier to attracting new businesses and residents.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 10
PROJECT #10: Willis Street Roundabout
Willis Street at 4th Avenue South
YEAR: 2019
DESCRIPTION: Construct a roundabout on Willis Street (State Route 516) at 4th
Avenue South. The project will include the construction of the
roundabout, concrete curbs, gutters, sidewalks, street lighting,
storm drainage, landscaping, utilities and appurtenances. The
roundabout will accommodate bicycle riders, consistent with the
Transportation Master Plan which calls for a shared travel lane
(sharrows) on 4th Avenue South. This project must be assessed
with respect to the complete streets requirements.
PROJECT COST: Preliminary Engineering ...... $350,000
Right of Way Acquisition ............... $0
Construction ................. $2,650,000
TOTAL ........................ $3,000,000
Secured Funding………….…. $3,000,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Transportation
Impact Fees), Congestion Mitigation Air Quality, Washington
State Department of Transportation Local Programs
PROJECT
JUSTIFICATION: This gateway project will provide an aesthetically pleasing
welcome to commuters into the heart of Kent and provide the
typical benefits of a roundabout including: improved safety,
improved traffic flow and decreased maintenance costs over the
long run.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 11
PROJECT #11: Safe Routes to Schools Improvements at Meridian Elementary
Southeast 256th Street and 140th Avenue Southeast
YEAR: 2020
DESCRIPTION: Install a traffic signal at Southeast 256th Street and 140th
Avenue Southeast and construct an asphalt pavement walkway
along Southeast 256th Street from approximately 134th Avenue
Southeast to 140th Avenue Southeast. The traffic signal will
include a traffic surveillance camera and interconnect cable to
connect this signal to the City’s traffic control system. This
project must be assessed with respect to the complete streets
requirements. The Transportation Master Plan calls for bicycle
lanes on Southeast 256th Street and shared travel lanes on 140th
Avenue Southeast.
PROJECT COST: Preliminary Engineering ....... $110,887
Construction ...................... $850,132
TOTAL ............................. $961,019
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent, Washington State Department of Transportation’s
Safe Routes to Schools Program
PROJECT
JUSTIFICATION: Meridian Elementary School is located near the intersection of
Southeast 256th Street and 140th Avenue Southeast. The school
provides adult crossing guards to help students cross Southeast
256th Street. Traffic in that neighborhood and in the
communities to the east of the school has become especially
heavy at the afternoon bell times. Intersection control
improvements would assist pedestrians and motorists to
maneuver in an orderly way during times of heavy conflict.
Currently students must walk or bike along a wide shoulder on
Southeast 256th Street.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 12
PROJECT #12: E Willis Street and Central Avenue South Intersection
Improvements
Intersection Operations Enhancement
YEAR: 2020
DESCRIPTION: Improve the intersection of E Willis Street and Central Avenue
South to provide a right turn lane from southbound on Central
Avenue South to westbound E Willis Street. Project includes
sidewalk, curb and gutter replacement and improvements to
traffic signal system. Although there are no bicycle facilities
planned at the E Willis Street and Central Avenue South
intersection, this project must be assessed with respect to the
complete streets requirements.
PROJECT COST: Preliminary Engineering ......... $44,000
Right of Way Acquisition ...... $166,000
Construction ..................... $290,000
TOTAL ............................. $500,000
Secured Funding ................. $168,000
FUNDING
SOURCE(S): City of Kent (Developer Mitigation, Transportation Impact Fee)
PROJECT
JUSTIFICATION: This project is a traffic mitigation requirement for additional
trips generated by the Kent Station Development. The City will
be implementing this project for which money was contributed
by the Kent Station developer. The transportation analysis
prepared for the ShoWare project assumed construction of this
project would be complete.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 13
PROJECT #13: Southeast 248th Street Improvements
104th Avenue South to 116th Avenue South
YEAR: 2020
DESCRIPTION: Improvements on Southeast 248th Street between 104th Avenue
South and 116th Avenue South. This project must be assessed
with respect to the complete streets requirements. The
Transportation Master Plan calls for bicycle lanes on this
segment of Southeast 248th Street. This segment will include a
five-foot landscape buffer between each sidewalk and bicycle
lane.
PROJECT COST: Preliminary Engineering ....... $500,000
Right of Way Acquisition ... $1,000,000
Construction .................. $8,500,000
TOTAL ........................ $10,000,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, General Fund, Local
Improvement District), Economic Incentive Grants
PROJECT
JUSTIFICATION: In support of future development, this area will be connected to the
bicycle and pedestrian networks. Nearby pedestrian generators
include Morrill Meadows Park, East Hill Park, Daniel Elementary
School, the YMCA and the project will include improved turning
operations into these attractors.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 14
PROJECT #14: Panther Lake Signal System Integration
YEAR: 2020
DESCRIPTION: This project includes extension of the fiber optic communications
network to traffic signals in the Panther Lake area to allow
remote monitoring, management and coordination. The project
also includes replacement of the existing controllers to ones
capable of working with the new central traffic signal control
system and displaying Flashing Yellow Left Turn Arrows (FYLTA).
PROJECT COST: Preliminary Engineering ......... $50,000
Right of Way Acquisition ................ $0
Construction ..................... $350,000
TOTAL ............................. $400,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): Federal Highway Safety Improvement Program
PROJECT
JUSTIFICATION: The traffic signals in the Panther Lake area are not connected to
the City’s new central traffic signal control system; hence, they
cannot be remotely monitored or managed from the City’s
Traffic Management Center. The existing traffic signal
controllers are not capable of displaying FYLTA for permissive
left turn movements. It has been demonstrated that this type
of signal display is much more readily understood by motorists
and results in reduced collision rates involving vehicles turning
left during permissive left turn signal phases. The integration of
these signals into the City’s signal system will allow operation
flexibility and improved transportation system efficiency.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 15
PROJECT #15: Safe Routes to Schools Improvements at Neely-O’Brien
Elementary
64th Avenue South and South 236th Street
YEAR: 2020
DESCRIPTION: Install a traffic signal with pedestrian crosswalk at 64th Avenue
South and South 236th Street. The traffic signal will include a
traffic camera and interconnect cable to connect this signal to
the City’s traffic control system.
PROJECT COST: Preliminary Engineering ......... $92,241
Right of Way Acquisition ...... $100,000
Construction ...................... $768,673
TOTAL ............................. $960,914
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent, Washington State Department of Transportation’s
Safe Routes to Schools Program
PROJECT
JUSTIFICATION: Neely O’Brien Elementary School is located near the intersection
of 64th Avenue South and South 236th Street. Students walking
to and from school cross 64th Avenue South, a minor arterial.
This signal project will provide an alternative walking route for
those students that live to the east of 64th Avenue South.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 16
PROJECT #16: Kent Transit Center
Access, Mobility and Safety Improvements
YEAR: 2020
DESCRIPTION: This project will create an eastbound right-turn lane on East
James Street to Railroad Avenue North extending from 1st
Avenue North to Railroad Avenue North. This project will also
extend the eastbound bicycle facility on James Street that
currently terminates approaching the 1st Avenue North
intersection. In addition, improved pedestrian facilities are
planned along the south and north side of East James Street,
improving mobility and safety for these users.
PROJECT COST: Preliminary Engineering ....... $713,000
Equipment ......................... $150,000
Construction ................... $2,137,000
TOTAL .......................... $3,000,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): King County METRO, Washington State Department of
Transportation Regional Mobility Grant
PROJECT
JUSTIFICATION: This project will improve mobility for transit vehicles, bicyclists,
and pedestrians accessing the Kent Transit Center (Kent
Station) via East James Street. Kent Station serves as a vital
transportation hub for the south King County. In addition to
Sound Transit (ST) Sounder service, a King County METRO or
ST bus accesses the transit center once per minute during the
peak periods. By 2040, a bus will access the transit center every
30 seconds during peak periods. In addition, voter approved ST
3 will increase Sounder service. East James Street in the vicinity
of Kent Station has high congestion and low mobility during
peak periods. Eastbound James Street approaching Central
Avenue has large queues and poor level of service. East James
Street has two eastbound travel lanes through the BNSF rail
crossing. A short eastbound left and right turn lane approaching
Central Avenue starts at Railroad Avenue North. Existing
geometrics on East James Street west of Railroad Avenue North
are constrained by the close proximity of the Washington Cold
Storage Inc. building. Improved bicycle and pedestrian facilities
in this area are needed.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 17
PROJECT #17: Auburn to Renton Rapid Ride
Access Improvements
YEAR: 2020
DESCRIPTION: This project is to upgrade passenger facilities and increase
access to transit within Kent along the new King County Metro
Auburn to Renton Rapid Ride corridor expected to open in
2021/2022. This project will improve access to transit and
passenger amenities throughout the new Rapid Ride corridor.
Improved pedestrian and bicycle facilities, shelter
improvements, real time arrival information, lighting, off-board
payment kiosks, and other transit facility improvements will
increase safety for transit users, induce transit ridership, and
improve transit speeds throughout the City and other
jurisdictions along the route. The new Rapid Ride corridor will
run north-south along Central Avenue from Auburn to the Kent
Transit Center, connect to the East Hill area, and then north-
south along the State Route 515 corridor to Renton, with over
seven miles of the corridor within the City.
PROJECT COST: Preliminary Engineering .... $1,875,000
Equipment ...................... $2,500,000
Construction ................... $5,625,000
TOTAL ........................ $10,000,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): King County METRO, Washington State Department of
Transportation Regional Mobility Grant
PROJECT
JUSTIFICATION: Current frequent service along this corridor includes route 180
(Southeast Auburn to Kent Station to Sea-Tac Airport to Burien
Transit Center) and route 169 (Kent Station to Renton Transit
Center). The corridor currently has 31 northbound and 29
southbound transit stops serving these two routes. This corridor
currently has deficiencies in bus stop facilities as well as areas
with poor pedestrian and bicycle access to transit. All bus zones
identified for Rapid Ride service will require upgraded facilities
(e.g., new RapidRide shelters and amenities) to align with King
County Metro’s Rapid Ride branding and standards. The City will
work with King County Metro to identify bus zone locations for
improvements.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 18
PROJECT #18: Central Avenue
Traffic Signal Communication
YEAR: 2020
DESCRIPTION: The project will implement the required detection and
communication networks along the Burlington Northern Santa
Fe Railway (BNSF) rail corridor to allow area signals the ability
to adjust signal timing in anticipation of, during, and after train
events. In addition, signals along the Central Avenue corridor,
from South 259th Street through South 212th Street, will be
upgraded to use this interconnection. Signal upgrades may
utilize newer technology such as adaptive signal control
systems, transit signal priority, and other intelligent
transportation systems applications in signal control. Additional
signals adjacent to at-grade rail crossings may also be upgraded
to take advantage of the new communication connections.
PROJECT COST: Preliminary Engineering .... $1,188,000
Equipment ......................... $250,000
Construction ................... $3,562,000
TOTAL .......................... $5,000,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): King County METRO, Washington State Department of
Transportation’s Regional Mobility Grant
PROJECT
JUSTIFICATION: This project will improve mobility for transit vehicles and
motorists in the vicinity of the Kent Transit Center along the
Central Avenue corridor, from South 259th Street through South
212th Street. A King County METRO or Sound Transit bus
accesses the transit center once per minute during the peak
periods. By 2040, a bus will access this regional transit center
every 30 seconds during peak periods. Downtown Kent, along
the Central Avenue corridor, experiences poor level of service
due to heavy congestion affecting movements from multiple
directions. There are more than 70 daily trains on the BNSF
corridor adjacent to Central Avenue. With no downtown grade-
separated rail crossings, the volume of daily rail crossing events
contributes to the congested conditions. Today, the traffic signal
system cannot communicate signal timing modifications to
manage changes in traffic patterns during or after a train event.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 19
PROJECT #19: Veteran’s Drive Extension
Military Road to I-5 Southbound Off-ramp
YEAR: 2021
DESCRIPTION: Complete a missing link by constructing a new roadway from
Military Road to the I-5 Southbound off-ramp, including an
intersection with the northbound on-ramp to I-5 and an
undercrossing of I-5. The project will include the construction of
full-width paving; concrete curbs, gutters, sidewalks, pedestrian
pathway, street lighting, storm drainage, landscaping, utilities
and appurtenances.
PROJECT COST: Preliminary Engineering……… $2,800,000
Right of Way Acquisition…….. $10,200,000
Construction……………………….. $33,800,000
TOTAL…………………………. $51,600,000
Secured Funding…………………. $47,104,000
FUNDING
SOURCE(S): Connecting Washington Account (State), City of Kent,
Transportation Improvement Board Grant, Federal Surface
Transportation Program Grant
PROJECT
JUSTIFICATION: This project will improve the connection between the Sea-Tac
International Airport, the Port of Seattle and the Kent
Manufacturing/Industrial Center (MIC). This project reduces
traffic congestion on local roads and highways by completing a
direct connection between Seattle and the Kent Valley. The
project will redistribute traffic away from State Route 516,
improving operations of the interchange.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 20
PROJECT #20: Meeker Frontage Improvement
Driving range from Colony Park apartment driveway to western
edge of private development property (east of Russell Road)
YEAR: 2021
DESCRIPTION: Complete a missing link by constructing new sidewalk and
multimodal pathway along city-owned driving range frontage on
the south side of Meeker Street and along private property
(within the public Right-of-way) east of Russell Road. The
project will include construction of concrete curbs, gutters,
multimodal path, sidewalks, street lighting, storm drainage,
landscaping, utilities and appurtenances.
PROJECT COST: Preliminary Engineering ....... $370,000
Right of Way Acquisition ...... $100,000
Construction .................. $2,721,000
TOTAL .......................... $3,191,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Economic and Community Development
Placemaking Fund, Business and Occupation Tax) Puget Sound
Regional Council Grants (Congestion Mitigation and Air Quality
/Non-Motorized Set Aside)
PROJECT
JUSTIFICATION: Private development on the former Par-3 property (“Marquee on
Meeker”) will construct the Meet Me on Meeker promenade
along approximately 1,200 feet of frontage. Private
development at 64th Avenue South and Meeker Street will
construct the promenade along approximately 1,000 feet of
property frontage, mandating connections between these two
large segments. This project provides approximately 700 feet of
promenade connection between Russell Road and the eastern
edge of the Marquee project and approximately 700 feet of
promenade connection between Russell Road and the western
edge of the 64th Avenue South and Meeker Street project. The
project will connect the two privately developed segments for a
total promenade length of approximately 3,500 feet. This will
improve aesthetics along this important commercial corridor.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 21
PROJECT #21: South 212 Street
East Valley Highway to 72nd Avenue South
YEAR: 2021
DESCRIPTION: The South 212th Street project includes grinding, replacement of
failing pavement sections and a full-width asphalt concrete
pavement overlay of the entire roadway from South 180th St to
South 196th Street Curb ramps will be upgraded as required to
meet Americans with Disabilities Act (ADA) standards.
PROJECT COST: Preliminary Engineering ....... $200,000
Right of Way Acquisition ...... $240,000
Construction .................. $2,560,000
TOTAL .......................... $3,000,000
FUNDING
SOURCE(S): Federal Surface Transportation Program, City of Kent Business
and Occupation Tax
PROJECT
JUSTIFICATION: This project is located within the Kent Manufacturing/Industrial
Center (MIC). The Kent MIC, located between the ports of
Seattle and Tacoma supports significant regional growth and
development, with one of the highest concentrations of jobs in
the region. The asphalt pavement on South 212th Street has
reached a critical level of degradation, rated at 50 on the
Pavement Condition Index--data collected in April of 2016. The
road surface is heavily impacted by the high percentage of
heavy vehicle traffic in the valley. An overlay is necessary to
prevent further costly damage that may require more extensive
reconstruction of the roadway to this critical multimodal freight,
bus, pedestrian and commuter corridor.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 22
PROJECT #22: East Valley Highway
South 196th Street to South 212th Street
YEAR: 2021
DESCRIPTION: The East Valley Highway project includes grinding, replacement
of failing pavement sections and a full-width asphalt concrete
pavement overlay of the entire roadway from South 180th Street
to South 196th Street. Curb ramps and pedestrian signals will be
upgraded as required to meet Americans with Disabilities Act
(ADA) standards.
PROJECT COST: Preliminary Engineering ....... $225,000
Right of Way Acquisition ...... $175,000
Construction .................. $2,600,000
TOTAL .......................... $3,000,000
FUNDING
SOURCE(S): STP, City of Kent Business and Occupation Tax
PROJECT
JUSTIFICATION: This project is located within the Kent Manufacturing/Industrial
Center (MIC). The asphalt pavement on East Valley Highway
has reached a critical level of degradation, rated at 42 on the
Pavement Condition Index--data collected in April of 2016. The
road surface is heavily impacted by the high percentage of
heavy vehicle traffic in the valley. Overlay is necessary to
prevent further costly damage that may require more extensive
reconstruction of the roadway to this critical multimodal freight,
bus, pedestrian and commuter corridor.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 23
PROJECT #23: 76th Avenue South
22400 block to 21700 block
YEAR: 2022
DESCRIPTION: Construct drainage and road improvements on 76th Avenue
South from the 22400 block to the 21700 block. The project will
include raising the existing road; a full width overlay, concrete
curbs, gutters, sidewalks, street lighting, storm drainage, and
channelization. This project must be assessed with respect to
the complete streets requirements. The Transportation Master
Plan calls for “possible re-striping” on this segment of 76th
Avenue South.
PROJECT COST: Preliminary Engineering ...... $500,000
Right of Way Acquisition ............... $0
Construction ................. $4,500,000
TOTAL ......................... $5,000,000
Secured Funding .......................... $0
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Storm Drainage
Utility Fund), Congestion Mitigation and Air Quality
Improvement Program, Developer Mitigation, Surface
Transportation Program, Transportation Improvement Board
PROJECT
JUSTIFICATION: 76th Avenue South floods several times per year, resulting in
road closures. The roadway is located in the heart of the City’s
Industrial zoning area and has heavy truck traffic. Large
industrial and manufacturing companies and a large solid waste
company that serves several adjacent jurisdictions are located
in the immediate vicinity of the project. Road closures
negatively impact these businesses and create congestion in
other parts of the City as a result of traffic detours around the
closure. Improving the road to current standards will also
improve traffic flow on 76th Avenue South.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 24
PROJECT #24: South 224th Street Extension (Phase III)
South 216th Street/South 218th Street from 94th Place South to
108th Avenue Southeast (State Route 515/Benson Highway)
YEAR: 2023
DESCRIPTION: Construct a three-lane road on South 216th Street/South 218th
Street from 94th Place South to 108th Avenue Southeast (State
Route 515/Benson Highway). The project will include full-width
paving; concrete curbs, gutters and sidewalks; five-foot paved
shoulders; street lighting; storm drainage; landscaping; utilities
and appurtenances. This project must be assessed with respect
to the complete streets requirements.
PROJECT COST: Preliminary Engineering .... $1,500,000
Right of Way Acquisition ... $1,000,000
Construction ................ $13,000,000
TOTAL ........................ $15,500,000
Secured Funding ................. $100,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Drainage Fund,
Local Improvement District, Special Assessments,
Transportation Impact Fee), Developer Mitigation,
Transportation Improvement Board
PROJECT
JUSTIFICATION: The existing roadway system cannot accommodate the current
or forecast east-west traffic volumes between Kent’s East Hill
and the Green River Valley floor. In order to meet transportation
concurrency requirements of the Growth Management Act,
additional east-west vehicle capacity is required. Intersections
along South 208th/212th Street and James/Southeast 240th
Streets are also at or over capacity. Because of existing
development and topographic constraints, it is not feasible to
widen the James/Southeast 240th Street and South 208th/212th
Street ‘corridors’ enough to accommodate forecast traffic
volumes without additional east-west capacity.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 25
PROJECT #25: Street and Sidewalk Preservation and Repair Program
Ongoing Citywide Program
YEAR: 2019 - 2024
DESCRIPTION: Preserve the existing transportation system by resurfacing the
existing asphalt and concrete streets throughout the City.
Reconstruct sidewalks as related to curb ramps upgrades
consistent with the Americans with Disabilities Act (ADA). The
project limits must be assessed in accordance with the complete
streets requirements
PROJECT COST: Preliminary Engineering .. $14,868,000
Right of Way Acquisition ... $1,062,000
Construction ................ $90,270,000
TOTAL ...................... $106,200,000
Secured Funding ............ $38,400,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax, Solid Waste Utility
Tax), Surface Transportation Program
PROJECT
JUSTIFICATION: The City assessed the condition of its street network in 2016.
Many of the streets exhibit deficiencies that reflect they are
beyond their expected performance life and are in need of a
maintenance or rehabilitation overlay, or some amount of
reconstruction. This preservation work also requires curb ramps
and sidewalks be made accessible to persons with disabilities,
according to the ADA. This program constructs and repairs the
City’s sidewalks and begins to address the pedestrian
improvements identified in the Transportation Master Plan.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 26
PROJECT #26: Traffic Signal Management Program
Ongoing Citywide Program
YEAR: 2019 - 2024
DESCRIPTION: Analyze intersections for potential replacement of traffic signals
or other traffic control systems to ensure safe and efficient use
of the existing and planned transportation network. Analysis of
turn movements and crash history will be used to prioritize new
traffic signal installations. This program budgets for projects
needed to meet the increasing demand for signalized
intersection control and the constant need for traffic counts to
monitor vehicle volumes and behavior. New traffic signals will
include bicycle detection.
PROJECT COST: Preliminary Engineering ....... $600,000
Right of Way Acquisition ................ $0
Construction .................. $3,600,000
TOTAL .......................... $4,200,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax)
PROJECT
JUSTIFICATION: This program also helps the City maintain level of service
standards necessary to maintain concurrency as required by the
Growth Management Act.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 27
PROJECT #27: Channelization and Pavement Markings Maintenance
Program
Ongoing Citywide Program
YEAR: 2019 - 2024
DESCRIPTION: Refresh and replace pavement markings including paint,
thermoplastic, and raised pavement markers throughout the
City to separate and regulate conflicting movements, define
paths of travel, and facilitate safe and orderly movement on City
streets.
PROJECT COST: Preliminary Engineering ....... $720,000
Right of Way Acquisition ................ $0
Construction .................. $4,080,000
TOTAL .......................... $4,800,000
Secured Funding .............. $3,390,000
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax)
PROJECT
JUSTIFICATION: This ongoing program maintains roadway channelization
throughout the City. The City has approximately 1,700,000
linear feet (LF) of channelization striping, 450,000 raised
pavement markers, 22,012 LF of access control curb and 7,200
LF of painted access control curb. Roadway channelization helps
to reduce conflict points and direct motorists through areas of
complexity. This project preserves the capacity and efficiency of
the existing roadway system.
DRAFT 2019-2024 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM
Project Descriptions
CITY OF KENT 28
PROJECT #28: Guardrail Safety Improvements Program
Ongoing Citywide Program
YEAR: 2018 - 2023
DESCRIPTION: Make miscellaneous guardrail improvements each year to
enhance motorist safety. Candidate projects include Frager
Road, Southeast 240th/148th Avenue Southeast hillside, Lake
Fenwick Road north or South 272nd Street, South 208th/212th
and 100th Avenue Southeast. Upgrade existing guardrail end-
treatments as mandated by State and Federal regulations.
PROJECT COST: Preliminary Engineering ......... $60,000
Right of Way Acquisition ................ $0
Construction ..................... $540,000
TOTAL ............................. $600,000
Secured Funding ........................... $0
FUNDING
SOURCE(S): City of Kent (Business and Occupation Tax), Highway Safety
Improvement Program and Hazard Elimination Program
PROJECT
JUSTIFICATION: This project is mandated for compliance with Federal and State
regulations and the requirement to mitigate potentially
hazardous roadway conditions.
29
CITY OF KENT, WASHINGTON
DRAFT SIX-YEAR TRANSPORTATION
IMPROVEMENT
PROGRAM
2019 – 2024
For more information or additional copies of this document contact:
April Delchamps, MPA
Senior Transportation Planner
City of Kent, Public Works, Engineering
400 West Gowe Street
Kent, WA 98032-5895
253-856-5564
adelchamps@kentwa.gov
Agenda Item: Consent Calendar – 8I_
TO: City Council
DATE: June 5, 2018
SUBJECT: 80th Avenue South Pavement Rehabilitation Project – Accept as Complete
SUMMARY: This project included construction of 80th Avenue with concrete
pavement, between 195th and 190th.
The final contract total paid was $1,539.775.68, which is $107,070.78 above the
original contract amount of $1,432,704.90. This is roughly 7.5 percent above the
original contract and was needed to address issues with adjoining properties that were
encountered during construction.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: The contract will be paid for out of budgeted B & O funds.
MOTION: Authorize the Mayor to accept the 80th Avenue South Pavement
Rehabilitation Project as complete and release retainage to Titan
Earthwork, Inc., upon receipt of standard releases from the state and the
release of any liens.
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Agenda Item: OTHER BUSINESS – 9A_
TO: City Council
DATE: June 5, 2018
SUBJECT: School District Impact Fees Ordinance – Adopt
SUMMARY: Kent City Code authorizes school impact fees on behalf of school
districts. Following review and adoption of a school district’s Capital Facilities Plan, the
City allows a school district that overlaps City boundaries to participate in the program
through which the City assesses impact fees during the permitting process for new
development. The City currently collects school impact fees on behalf of all five
schools within its boundaries: Kent School District, Auburn School District, Renton
School District, Highline School District, and Federal Way School District.
In general, impact fees are an appropriate method of addressing the burden of
financing new public facilities as needed to serve a growing population. However, if
impact fees are raised too quickly or to excessive levels, the fees can result in
disproportionate, negative or unfair impacts to owners of developable land and
residential developers.
Ultimately, operation of the school impact fee program is the responsibility of the City,
and the decision to assess school impact fees or not is left to the City. In order to
provide predictability to the development community, ensure residential development
is not unduly burdened by to excessive impact fees, and reduce the variability of
school impact fee charges from year to year, it is necessary to introduce more
parameters for the assessment of impact fees. The attached ordinance codifies a
maximum allowable fee to address this issue (with a stipulation to update the fee
yearly based on construction index value changes). Additionally, City staff have
requested that King County staff examine the calculation methodology for relevancy
given the changing nature of development since the methodology was developed
decades ago.
EXHIBITS: Ordinance
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce, Troutner, Kaur NAY:
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Adopt Ordinance No. ______, setting a maximum allowable
school district impact fee of $8,229 for single-family dwelling units, and
$8,386 for multifamily dwelling units, which will be updated each year
based on construction cost index values.
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1 Adopt KCC 12.13.170 -
Re: School Impact Fee Maximums
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, adding section 12.13.170
to the Kent City Code to set maximum school
impact fees and provide for an annual increase to
the maximum fees that is relative to the cost of
construction in the region.
RECITALS
A. As authorized by the Growth Management Act (GMA) and
RCW 82.02.050, the city has exercised its discretion to adopt a school
impact fee program.
B. Following review and adoption of a school district’s Capital
Facilities Plan, the city allows a school district that overlaps city
boundaries to participate in the program through which the city assesses
impact fees during the permitting process for new development. The city
currently collects school impact fees on behalf of all five schools within its
boundaries: Kent School District, Auburn School District, Renton School
District, Highline School District, and Federal Way School District.
C. In general, impact fees are an appropriate method of
addressing the burden of financing new public facilities as needed to serve
a growing population. However, if impact fees are raised too quickly or to
2 Adopt KCC 12.13.170 -
Re: School Impact Fee Maximums
excessive levels, the fees can result in disproportionate, negative or unfair
impacts to owners of developable land and residential developers.
D. School districts in Kent have proposed varying levels of
impact fees, and occasionally the proposed fees include significant
increases year-over-year. Some school districts have averaged less than
2% change between years, while others have frequently proposed steep
increases with some averaging 10%, 15%, or even as much as 98%.
E. Ultimately, operation of the school impact fee program is the
responsibility of the city, and the decision to assess school impact fees or
not is left to the city. In order to provide predictability to the development
community, ensure residential development is not unduly prohibitive due
to excessive impact fees, and reduce the variability of school impact fee
charges from year to year, it is necessary to introduce more parameters
for the assessment of impact fees.
F. The City notified Washington State Department of Commerce
of this change on April 25, 2018. No comments were submitted by state
agencies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – New Section. Chapter 12.13 of the Kent City Code,
entitled “School Impact Fees”, is hereby amended to add a new section
12.13.170, entitled “Maximum Allowable Fees,” to read as follows:
Section 12.13.170. Maximum Allowable Fees. School impact
fees provided by this chapter shall be assessed based on the calculation
3 Adopt KCC 12.13.170 -
Re: School Impact Fee Maximums
set forth in Section 12.13.140, unless they exceed a Maximum Allowable
Fee as set forth in this section. There shall be an increase in the maximum
allowable fee each year by the same percentage as the percentage change
in the previous calendar year’s average monthly Engineering News Record
(ENR) Seattle Area Construction Cost Index values, relative to the
corresponding average monthly ENR Construction Cost Index values for
the preceding year, as calculated from October 1st through September
30th.
The Maximum Allowable Fee is set at $8,229 for single-family dwelling
units, and a maximum of $8,386 for multifamily dwelling units for 2018.
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 thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
4 Adopt KCC 12.13.170 -
Re: School Impact Fee Maximums
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
Agenda Item: BIDS – 10A_
TO: City Council
DATE: June 5, 2018
SUBJECT: Lake Meridian Estates Storm Drainage Improvements Phase II – Award
SUMMARY: This project consists of installing approximately 900 feet of new storm
drainage pipe and catch basins at Lake Meridian Estates, which is a residential mobile
home community located at the north shore of Lake Meridian at 25739 135th Avenue
SE. The existing storm drainage system, located within a public drainage easement, is
undersized and needs to be replaced to convey drainage from upstream areas. The
project will improve stormwater conveyance and reduce flood risk to surrounding
properties.
The bid opening for the Lake Meridian Estates Storm Drainage Improvements Phase II
Project was held on May 22, 2018, with six bids received, all were responsive. The
lowest responsible and responsive bid was submitted by Tucci & Sons Inc., in the
amount of $1,342,899.25.
Bid Tab Summary
01. Tucci & Sons, Inc. $1,342,899.25
02. Road Construction Northwest, Inc. $1,450,581.00
03. Scarsella Bros., Inc. $1,524,031.52
04. Northwest Cascade, Inc. $1,569,745.10
05. Frank Coluccio Construction Co. $1,761,463.00
06. R.W. Scott Construction Co. $1,978,476.50
Engineer's Estimate $1,392,424.00
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Previously budgeted drainage funds are allocated to complete
this project. There is no impact to the already approved budget.
MOTION: Award the Lake Meridian Estates Storm Drainage Improvements
Phase II Project to Tucci & Sons Inc., in the amount of $1,342,899.25, and
authorize the Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
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Agenda Item: BIDS – 10B_
TO: City Council
DATE: June 5, 2018
SUBJECT: 132nd Ave SE Pedestrian Improvements Project- Award
]
SUMMARY: This project consists of the construction of a walkway along the west side
of 132nd Avenue SE from SE 240th Street to SE 248th Street. This project includes
1200’ of sidewalk adjacent to a gravity block wall, 460’ of asphalt shoulder walkway
separated by extruded curb, three new curb ramps, sidewalk and curb repairs, and an
asphalt sidewalk and driveway regrading.
The bid opening for the 132nd Avenue SE Pedestrian Improvements Project (North)
was held on May 17, 2018, with eight bids received, all were responsive. The lowest
responsible and responsive bid was submitted by Axum General Construction, Inc., in
the amount of $511,616.15.
Bid Tab Summary
01. Axum General Construction, Inc. $511,616.15
02. R.W Scott Construction Co. $585,377.50
03. Active Construction Inc. $650,650.00
04. NPM Construction Co. $679,154.00
05. Reed Trucking & Excavating, Inc. $717,575.00
06. Northwest Cascade, Inc. $746,360.00
07. TITAN Earthwork LLC $758,837.96
08. Sound Pacific Construction $1,443,180.00
Engineer's Estimate $647,325.00
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Combination of already budgeted street and grant funding.
MOTION: Award the 132nd Avenue SE Pedestrian Improvements Project
(North) to Axum General Construction, Inc., in the amount of $511,616.15,
and authorize the Mayor to sign all necessary documents, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
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Agenda Item: BIDS – 10C_
TO: City Council
DATE: June 5, 2018
SUBJECT: 2018 Plastic Markings Refresh Project – Award
SUMMARY:
This project consists of the installation and refresh of existing plastic pavement
markings including stop lines, crosswalks, traffic arrows, traffic letters, and railroad
crossing markers on various City of Kent Streets.
The bid opening for the 2018 Plastic Markings Project was held on May 29, 2018 with
four bids received, all were responsive. The lowest responsible and responsive bid was
submitted by Stanley Patrick Striping Co., in the amount of $234,030.00.
Bid Tab Summary
01. Stanley Patrick Striping Co. $234,030.00
02. Apply-A-Line LLC $471,170.00
03. Specialized Pavement Marking, Inc. $701,200.00
04. Stripe Rite, Inc. $2,707,321.00
Engineer's Estimate $445,120.00
EXHIBITS: None
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: The project will be paid for using Business and Occupation
Funds.
MOTION: Award the 2018 Plastic Markings Project to Stanley Patrick
Striping Co., in the amount of $234,030.00, and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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Agenda Item: BID – 10D
TO: City Council
DATE: June 5, 2018
SUBJECT: James Street Pavement Rehabilitation Project - Award
SUMMARY: This project will replace the deteriorated asphalt pavement surface in E
James Street between Central Ave N and Clark/ Jason Ave N with 8 inches of
Portland cement concrete pavement. Some of the existing pedestrian curbs will be
replaced, new ADA compliant pedestrian pushbuttons will be installed at the east
corners of the intersection at Central Ave N.
The bid opening for the James Street Pavement Rehabilitation Project was held on
May 17, 2018 with five (5) bids received, all were responsive. The lowest responsible
and responsive bid was submitted by Kiewit Infrastructure West Co. in the amount of
$1,890,135.00.
Bid Summary Alternate A Alternate B
(Concrete and Asphalt) (Concrete Only)
01. Kiewit Infrastructure West Co. $1,786,185.00 $1,890.135.00
02. Gary Merlino Construction Co. $1,874,235.00 $2,000,785.00
03. Scarsella Bros., Inc. $1,891,550.70 $1,988.191.70
04. TITAN Earthwork LLC $1,903,425.00 $2,077,525.00
05. McCann Construction Enterprises, Inc. $2,263,370.00 $2,474,720.00
Engineer's Estimate $2,022,050.00 $2,179,300.00
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: The project will be paid for using Business and Occupation
Funds.
MOTION: Award Alternate B of the James Street Pavement Rehabilitation
Project to Kiewit Infrastructure West Co., in the amount of $1,890,135.00,
and authorize the Mayor to sign all necessary documents, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
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EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase or lease
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT