HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 02/01/2016 (2)Public Works Committee Agenda
Councilmembers: Brenda FincherDana Ralph•Dennis Higgins, Chair
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1st & 3rd Mondays of each month.
Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
February 1, 2016
4:00 p.m.
Item Description Action Speaker Time Page
1. Call to Order -- Chair Higgins 01 --
2. Roll Call -- Chair Higgins 01 --
3. Changes to the Agenda -- Chair Higgins 01 --
4. Approval of January 4, 2016 Meeting
Minutes
YES None 03 03
5. Approval of January 11, 2016 Meeting
Minutes
YES None 03 9
6. Goods and Services Agreement with
ECOSS – Recycling Events
YES Gina Hungerford 05 11
7. Downey Farmstead Frager Road Relocation
RCO Agreement
YES Matt Knox 05 27
8. Interlocal Agreement with the Regional
Fire Authority for 72nd Avenue South
YES Ken Langholz 10 61
9. Information Only/ADA Compliance – Title
II Requirements
NO Bill Thomas
Kelly Peterson
10 69
10. Information Only/Quiet Zone Update
NO Chad Bieren 15 71
11. Information Only/Sewer and Water Rates
Overview and Discussion
NO Tim LaPorte
Paul Scott
10 73
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Public Works Committee Minutes
January 4, 2016
1
Item 1 – Call to Order: The meeting was called to order at 4:04 p.m. by Committee Chair,
Dennis Higgins.
Item 2 – Roll Call: Committee Chair, Dennis Higgins and Committee members Dana Ralph and
Brenda Fincher were present.
Item 3 – Changes to the Agenda: There were no items added to the agenda.
Item 4 – Approval of Meeting Minutes Dated December 7, 2015:
Committee member Fincher MOVED to approve the minutes of December 7, 2015. The
motion was SECONDED by Committee member Ralph and PASSED 3 - 0.
Item 5 –2016 Information Only/Update on Grant Projects:
Interim Design Engineering Manager, Ken Langholz and Mike Mactutis updated the committee on
the grant status, showing projects for which the City has been awarded grant funds. Committee
members requested that staff includes the grant status spreadsheets in the minutes of this
meeting. See attached grant status spreadsheet’s for more information.
Information Only/No Motion Required
Item 6 – Kent Kangley Pedestrian Improvements Project - Financing:
Design Engineering Supervisor Kelly Casteel gave a brief overview of the project. Casteel noted
that this area on the East Hill is a high use area and that the Washington Stated Department of
Transportation (WSDOT) has recommended that there be a mid-block crossing at 106th Ave SE. A
traffic count was conducted at mid-block on 106th Ave SE and over 300 mid-crossings were
documented. Casteel noted that WSDOT approval of the channelization is significant. There will
be an educational piece to this project as well. Staff will continue to work closely with the Police
department and the Kent School District. Committee members noted that along with the
educational piece there will need to be an enforcement piece, a jaywalking ordinance was
discussed.
Aaron BeMiller stated that a one-time only LID payment of $2.5 million could be used. It would
need budget authority, each quarter. This item will move forward to Council at the Tuesday,
January 5, 2016 meeting. Councilmembers all agreed that the alternative one time only payment
was the best solution.
Committee Member Ralph MOVED to award the Kent Kangley Pedestrian Improvements
Project to R.W. Scott Construction Co. in the amount of $574,897.45 and authorize the
Mayor to sign all necessary documents, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director, Council further directs that funds
required to match the grant and complete the project financing that come from the
Street fund. The motion was SECONDED by Committee member Fincher and PASSED 3-0.
Item 7 – Engineering Services Agreement with Puget Sound Energy for Design of the
Relocation of Transmission facilities for the South 228th Street Union Pacific Grade
Separation Project:
Design Engineering Supervisor, Mark Madfai noted that the South 228th Street Grade Separation
project will construct an overpass over the Union Pacific rail lines to eliminate the at-grade
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Public Works Committee Minutes
January 4, 2016
2
crossing and the conflict between vehicles and trains. He went on to state that the bridge will also
span across the Interurban Trail located within Puget Sound Energy (PSE) right of way. Madfai
showed visuals of a different overpass that PSE designed and relocated overhead transmission
lines in order to accommodate the new bridge.
Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign
an Engineering Services Agreement with Puget Sound Energy in an amount not to
exceed $208,510 to provide Engineering services for the relocation of their transmission
facilities for the 228th Street Union Pacific Grade Separation project, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director. The
motion was SECONDED by Committee member Ralph and PASSED 3-0.
Item 8 – Information Only/South 224th Street Project Update:
Design Engineering Supervisor Garrett Inouye noted that this project is divided into three phases.
Phase I includes the construction of a bridge over SR 167. Phase II includes improving 88 th
Avenue south and South 218th to 94th Place South, and Phase III includes improving and widening
the remainder of South 218th Street, 98th Avenue South and South 216th Street. Inouye also
noted the proposed wetland mitigation at the Hytek site. A wetland oil spill was reported in
December.
• Approximately 250-300 gallons of lube oil with diesel fuel
• No responsible party identified (to date)
• Active cleanup completed
Public Works Director, Tim LaPorte noted that there is a cost factor but not enough to back out of
discussions with Hytek, the property will still meet the needs of the city.
Item 9 – Information Only/640 Zone Update:
Water Superintendent, Sean Bauer provided and update on the 640 pressure zone including
improvements that have been made to date. Improvements needed to start up the new pressure
zone included the following:
Water Tank
2 Pump Stations
17,000 Feet of Pipe
3 Large Pressure reducing Valves
20 Zone Isolation Valves
1,000 Individual Pressure Reducing Valves
Bauer noted that currently there are low pressure conditions areas of the 590 Zone, in the new
640 Zone 3,000 customers will have double the water pressure that they currently have. The
anticipated start-up of the 640 Zone is three years.
Information Only/No motion required
Item 10 – Information Only/Guiberson Reservoir Inlet Piping Modifications:
Water Superintendent, Sean Bauer showed a slide of the Guiberson Reservoir inlet piping. He
stated that the reservoir inlet piping needs to be relocated ahead of a reservoir lining project.
Holiday Parks Inc. will be installing a new 16-inch header, risers and brackets. The reservoir lining
project is a temporary fix (15-20 years) in an effort to allow staff to raise the reservoir operating
level back to normal conditions for peak demand and fire flow conditions.
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Public Works Committee Minutes
January 4, 2016
3
Information Only/No Motion Required
Item 11 – Information Only/Kent $50,000 Stormwater Grant Award from Washington
Department of Ecology:
Environmental Conservation Analyst, Laura Haren stated that the city of Kent will receive a
$50,000 no-match grant from the Washington State Department of Ecology. The grants are for
municipal stormwater permitees to implement programs to ensure compliance with the Clean
Water Act. Haren went on to note that the funds must be used to improve Clean Water Act
compliance programs National Pollutant Discharge Elimination System (NPDES) to maximize
efficiency and ensure continued compliance with increasing municipal stormwater permit
requirements. Haren presented a list of possible expenditures for the grant funds:
Production and distribution of pollution prevention educational materials
Purchase of inspection equipment to improve our inspection efficiency
Purchase of monitoring supplies to identify water quality problems
Consultant services for stormwater related projects
This is a no match grant.
Information Only/No Motion Required
Item 12 – Information Only/Pacific Highway Planters:
City Engineer Chad Bieren noted that Staff has been working on the replanting of traffic islands
along Pacific Highway South between Kent-Des Moines Road and S. 272nd Street.
He noted that we are getting closer to advertise it for bid, sometime in the first quarter of 2016.
There is a million dollars set aside over last two years to complete improvements along Pacific
Highway.
Information Only/No Motion Required
Added Items:
Washington Ave. & Meeker:
Bill Doolittle mentioned that two months ago he came before the committee asking about the
Washington Avenue and Meeker Street congestion. He presented a new idea to the committee.
Have two left turns with one left green arrow like on Smith and Central. Or have a flashing yellow
light. The way it currently is the little pocket only fits a few vehicles and then back up the through
lane. Committee members and staff all liked the idea of the double turn lane, staff will look into it
further and see what can be done.
Quiet Zone:
City Engineer Chad Bieren, will be back next Monday to go over the options - needs vs. wants.
Information Only/No Motion Required
The meeting was adjourned at 5:23 p.m.
Cheryl Viseth
Council Committee Recorder
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6
Special Public Works Committee Minutes
January 11, 2016
1
Item 1 – Call to Order: The meeting was called to order at 5:11 p.m. by Committee Chair,
Dennis Higgins.
Item 2 – Roll Call: Committee Chair, Dennis Higgins and Committee members Dana Ralph and
Brenda Fincher were present.
Item 3 – Changes to the Agenda: There were no items added to the agenda.
Item 4 – Information Only/Sound Transit 3 Candidate Projects:
Lacey Jane Wolfe, Senior Transportation Planner introduced Chelsea Levy, Sound Transit
government relations officer and Eric Chipps, Sr. Transportation Planner together they gave a
status update on Sound Transit 2 (ST2) and the Sound Transit 3 (ST3) Candidate Projects.
Several candidate projects could be significant for Kent. S ome of these are deferred projects
from ST 2 that will be implemented more quickly if they are included in a successful ST3
package.
Sound Transit 2 Project Status:
Extension of Link Light rail from South 200th to Kent-Des Moines Road
Expanded south Sounder service (4 additional trips)
Kent Station access (450-stall parking garage at Kent Sounder Station, with the option to
include pedestrian and bicycle improvements)
Extension of Link light rail from Kent-Des Moines Road to South 272nd
South Sounder station platform extensions (in order to accommodate 8-car train sets)
The Link extension to Ken-Des Moines Road is currently in progress. Kent staff continues to
meet regularly with Sound Transit to collaborate on project details. This project is scheduled to
be completed by 2023.
The next steps for the ST3 process will continue on the following schedule:
March 2016 – Board drafts system plan
April 2016 – Board conducts public outreach and makes revisions
June 2016 – Board finalizes and adopts the plan and each county approves the plan
November 2016 – Public vote
Council Chair Higgins questioned the extension of the taxing district for Sound Transit. Why
don’t people that live in Maple Valley and Covington (for example) have to pay when they are
traveling through Kent to get to the train? It was noted by Levy that if jurisdictions want to join
the taxing district they have to approach Sound Transit.
Information Only/No Motion Required
Item 5 –Information Only/76th Ave S Drainage:
Alex Murillo, P.E., Environmental Engineering Supervisor noted that there has been a lot of
attention on 76th Avenue and other streets near Mill Creek. Murillo went through his slides
which showed illustrations of the Green River and Valley Creek Systems, noting that they are
separate from our system. He went on to state that drainage improvements to reduce flood
risks in the Mill Creek watershed will require a number of projects. Some of these
9
Special Public Works Committee Minutes
January 11, 2016
2
improvements have already been completed, which include the South 228th Street Drainage
Bypass, the 64th Ave South Channel Culvert Replacements, and culvert cleaning projects.
Future drainage improvements include work on the Green River Natural Resources Area, culvert
replacements along 76th Avenue South, the Mill Creek Channel Reestablishment project, the
James Street Stormwater Pump Station, and the Upper Mill Creek Dam Improvements. Murillo
provided the Committee an update on all of these projects.
Information Only/No Motion Required
Item 6 – Information Only/James Street Pump Station:
Chad Bieren, P.E., City Engineer updated the committee on the project status. Bieren mentioned
that Alex Murillo covered the downtown area of Kent very well in his presentation. Bieren stated
that the James Street Stormwater Pump Station is located just north of James Street near
Woodford Ave North and is in the final phase of design we are planning to go out for bid in 2016.
Committee member Ralph asked about the logistics of the project and asked why divert all the
traffic to 94th. Staff will look at other possibilities.
Information Only/No Motion Required
Item 7 – Information Only/Pothole Update:
Bill Thomas, Street Superintendent, updated the committee on the deteriorated condition of the
city’s pavement and the affect potholes have on maintenance practices. Thomas stated that in
2015 they filled 2,224 potholes. Thomas said that you can find out about where they are
working on filling potholes by Tweeting, checking on Facebook, Instagram contact (253)856-
5600 or the Kent Website at www.Kentwa.gov (in the “I want to..” tab click “Click “Report a
pothole”).
Information Only/No Motion Required
Item 8 – Information Only/Railroad Quiet Zone:
City Engineer Chad Bieren gave a brief description of the quiet zone project and of updates since
the visit from Federal Rail Administration. Staff is doing additional research in house and taking
a closer look at regulations. There seems to be some latitude on what we need to get done on
the railroads before we get the quiet zone in place. We need to define what we have to do,
should do, and what other agencies would like us to do. The hope is to get it established quicker
than the schedule.
Bieren stated that at the next meeting with Union Pacific, which is scheduled for January 27,
staff will be discussing five separate issues. The recommendation for the next meeting is to have
a flip book of each intersection with options and staff recommendations.
Information Only/No Motion Required
The meeting was adjourned at 6:18 p.m.
Cheryl Viseth
Council Committee Recorder
10
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: January 22, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: February 1, 2016
From: Gina Hungerford, Conservation Coordinator
Through: Kelly Peterson, AICP, Special Projects/Transportation Manager
Chad Bieren, P.E., City Engineer
Item 6: Recycling Contract with Environmental Coalition of South
Seattle (ECOSS) for 2016
Summary:
The Recycling Contract with Environmental Coalition of South Seattle (ECOSS)
provides assistance in overseeing three popular recycling events, outreach to
businesses and to multi-family complexes to help reduce waste and increase
recycling in Kent.
Exhibit:
Scope of Work and Buget
Budget Impact:
The various activities and labor addressed by the Recycling Contract will be funded
in full by Ecology’s Coordinated Prevention grant, King County’s Waste Reduction
and Recycling grant, and the Local Hazardous Waste Management Program grant.
Motion: Move to recommend Council authorize the Mayor to sign the
Consultant Services Agreement with ECOSS for Waste Reduction and
Recycling Activities and Programs for 2016 in the amount of $73,525,
subject to final terms and conditions acceptable to the City Attorney and the
Public Works Director.
11
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12
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Environmental Coalition of South Seattle
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Environmental Coalition of South Seattle organized under the laws of the
State of Washington, located and doing business at 605 S. Riverside Drive, Seattle, WA 98108, Phone:
(206) 767-0432, Contact: Stephen Reilly (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall assist with the City's 2016 Recycling Program. This includes free recycling
events, compost/worm bin sales, business outhreach, and multi-family outreach. For a
description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated
by this reference.
Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by December 31, 2016.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seventy Three
Thousand, Five Hundred Twenty Five Dollars ($73,525.00), including applicable Washington State Sales
Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor
the following amounts according to the following schedule:
The Vendor shall be paid after execution of agreement and submittal of invoice for services
provided.
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GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor’s services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor 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 Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
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GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
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GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor 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.
Vendor 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.
XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor’s part, then Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
16
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Vendor 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.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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
Vendor's own risk, and Vendor 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.
XIV. 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 XI 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 Vendor.
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.
17
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor'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 Vendor 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 Vendor 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 Vendor 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.
VENDOR:
By: (signature)
Print Name:
Its (title)
DATE:
CITY OF KENT:
By: (signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Stephen Reilly
Environmental Coalition of South Seattle
605 S. Riverside Dr.
Seattle, WA 98108
(206) 767-0432 (telephone)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ECOSS - Recycling/Hungerford
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EEO COMPLIANCE DOCUMENTS - 1 of 3
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: _________________________________________
19
EEO COMPLIANCE DOCUMENTS - 2 of 3
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.
20
EEO COMPLIANCE DOCUMENTS - 3 of 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: _________________________________________
21
22
23
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $4,000,000 general
aggregate.
25
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
26
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 28, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: February 1, 2016
From: Mike Mactutis, Environmental Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Item 7: Washington State Recreation and Conservation Office Funding Board
Agreement for Downey Farmstead – Frager Road Relocation
Summary:
The Downey Farmstead project was previously funded for final design and
permitting. This grant in the amount of $859,173 will provide additional funding for
the first phase of the project, relocating Frager Road from the river’s edge to the
southern property boundary, adjacent to SR 516, to maximize the site to allow
future creation of the side channel network and expanded floodplain. The road
relocation is scheduled to begin in 2017.
Exhibit:
Downey Farmstead – Frager Road Relocation RCO Agreement
Budget Impact:
The RCO grant provides $859,173 for relocation of Frager Road on the Downey
Farmstead project site. The match consists of grant funding from King County
Cooperative Watershed Management Grant in the amount of $106,227 and City
matching funds of $52,946 for project management.
Motion: Recommend authorization for the Mayor to sign the Washington
State Recreation and Conservation Office (RCO) Funding Board Project
Agreement in the amount of $859,173 for the Downey Farmstead –
Frager Road Relocation Project, direct staff to accept the grant and
establish a budget for the funds to be spent within the Downey
Farmstead project, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
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28
Funding Board Project Agreement
City of Kent 15-1240R Project Sponsor: Project Number:
12/9/2015 Approval Date: Downey Farmstead - Frager Rd Relocation Project Title:
PARTIES OF THE AGREEMENT A.
This 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 Salmon Recovery Funding Board (SRFB or funding board) and the
Recreation and Conservation Office, P.O. Box 40917, Olympia, Washington 98504-0917 and City of Kent (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 91-6001254.
This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal and State
Building Construction Account of the State of Washington. The grant is administered by the Recreation and C onservation
Office (RCO) to the sponsor for the project named above per the director’s authority granted in RCW 79A.25.020.
B. PURPOSE OF AGREEMENT
C. DESCRIPTION OF PROJECT
City of Kent will complete the first phase of the Downy Farmstead restoration project by relocating Frager Road away from the
Green River to make room for future creation of a side channel network and expanded floodplain. The new road alignment will
provide a greater buffer/setback from the river. A six car parking l ot will be constructed at the Old Fishing Hole (downstream)
to replace the existing parking area.
After the road is relocated, the city will apply for additional funding to complete the restoration project and enhance river
processes by constructing a side channel and reconnecting floodplain on the left bank of the Green River between river mile
(RM) 21.5 and RM 22.3.
The site was previously acquired by the City of Kent and when full restoration is completed, the project will provide rearing
and refuge habitat for juvenile salmon throughout most of the year, particularly juvenile Chinook salmon. Additional fish
species present at the site and expected to utilize the project area are bull trout, Chum, Coho, Cutthroat, Pink, winter
Steelhead, Pacific and River Lamprey. Enhancing habitat to improve juvenile salmonid rearing, lifestage diversity, and
productivity is a priority in the Green River watershed. A secondary goal of the project is to create additional flood storag e and
to help alleviate flood damages in urban and agricultural areas in the project vicinity. The project final design was completed
12/31/13, Project #11-1219 and includes final docs and reports.
The period of performance begins on December 9, 2015 (project start date) and ends on June 30, 2019 (project end date).
No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by writ ten
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 of the period of performance at least 60 days before the project end date.
The sponsor has obligations beyond this period of performance as described in Section E: On-going Obligations.
D. PERIOD OF PERFORMANCE
E. ON-GOING OBLIGATIONS
For this restoration project, the sponsor’s on-going obligations shall be for a minimum of ten (10) years, or more as specific in
the Landowner Agreement, after the final payment and shall survive the completion/termination of this Project Agreement
unless otherwise identified in the Agreement or as approved by the funding board.
The total grant award provided by the funding board for this project shall not exceed $700,000.00. 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:
F. PROJECT FUNDING
Page 1 of 29 RCO 15-1240R
29
18.53% Project Sponsor $159,173.00
Total Project Cost $859,173.00 100.00%
G. FEDERAL FUND INFORMATION
This project is match to the following federal funding source(s) and the same provisions apply as if this project were funded
by the federal funding source(s) as a federal subaward:
Federal Agency: US Environmental Protection Agency
Catalog of Federal Domestic Assistance Number and Name: 66.123 - PSP
Federal Award Identification Number: PC-00J32101
Federal Fiscal Year: 2011
Federal Award Date: 12/29/2010
Total Federal Award: $12,269,999
Federal Award Project Description: Technical Investigations and Implementation Assistance Program
Sponsor's Indirect Cost Rate: 0.00% of all costs for this agreement
If federal funding information is included in this section, this Agreement is funded by a federal subaward from a portion of the
total federal award. This funding is not research and development (R & D).
If the sponsor's total federal expenditures are $750,000 or more during the sponsor's fiscal -year, the sponsor is required to
have a federal single audit conducted for that year in compli ance with 2 C.F.R. Part 200, Sub Part F - Audit Requirements,
Section 500 (2013). The sponsor must provide a copy of the final audit report to RCO within nine months of the end of the
sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section.
RCO may suspend all reimbursements if the sponsor fails to timely provide a single federal audit; further the RCO reserves
the right to suspend any RCO Agreements with the sponsor if such noncompliance is n ot promptly cured.
All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in t he
sponsor’s application and the project summary under which the Agreement has been approved as well as document s
produced in the course of administering the Agreement, including the eligible scope activities and milestones report
incorporated herein by reference. Provided, to the extent that information contained in such documents is inconsistent 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 otherwise specifically
stated, has the meaning set forth in the definition of the Standard Terms and Conditions.
H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be effective
unless provided in writing and signed by both parties. Except, extensions of the period of performance and minor scope
adjustments need only be signed by RCO’s director or designee, unless the consent of the sponsor to an extension is
required by its auditing policies, regulations, or legal requirements, in which case, no extension shall be effective until so
consented.
I. AMENDMENTS MUST BE SIGNED IN WRITING
This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
including any applicable Clean Water Act: Section 320, 40 C.F.R. parts 31 and 35 subpart P, RCW 77.85, WAC 420 and
RCFB and/or SRFB policies published in RCO manuals as of the effective date of this ag reement, all of which are
incorporated herein by this reference as if fully set forth.
J. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES
K. SPECIAL CONDITIONS
Page 2 of 29 RCO 15-1240R
SRFB - Puget Sound Acq. & Restoration SRFB - Salmon State Projects
43.37% 38.10%
Percentage
$372,647.00 $327,353.00
Dollar Amount Source of Funding
State
State
30
Cultural Resources
This project is subject to the National Historic Preservation Act, Section 106, and therefore appears to be exempt from
Governor’s Executive Order 05-05 Archaeological and Cultural Resources (EO 05-05) as described in Section 9 of this
project agreement. In order for this project to be exempt from EO 05-05, the Section 106 Area of Potential Effect (APE) must
include all ground-disturbing activities subject to this project agreement, including the restoration staging area. The sponsor is
encouraged to work with the federal permitting agency to align the Section 106 APE with the scope of work subject to this
project agreement. If the APE does not include all ground-disturbing activities subject to this project agreement, promptly
notify the RCO grant manager, as this will require RCO to initiate cultural resources consultation following EO 05-05 for those
activities not included in the federal APE. Completion of this consultation and a Notice to Proceed from RCO will be require d
before these ground-disturbing activities can begin.
Construction Design Deliverables:
This project began with SRFB project number 02-1601 that afforded property acquisition. The feasibility study and preliminary
design was completed with funding from project number 08-1659 and final design was completed through project 11-1219.
The project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 Appendix D -4
"Construction and "Design Build" Deliverables" which requires as -built design documents be provided post-construction.
AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to the mail address or the email address
listed below if not both:
Project Contact
220 Fourth Ave S
Kent, WA 98032-5895 Address:
Environmental Engineering Mgr Title: Michael Mactutis Name:
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
L.
SRFB
Recreation and Conservation Office
mmactutis@KentWA.gov Email:
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
M. ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
N. EFFECTIVE DATE
This Agreement, for project 15-1240R, 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 executed and an original is received by RCO.
Page 3 of 29 RCO 15-1240R
31
Assistant Attorney General
By:
Title:
Date:
Pre-approved as to form:
By: /s/
Name: (printed)
State of Washington, Recreation Conservation Office
On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) and Salmon Recovery Funding
Board (SRFB or funding board)
Date: By:
Kaleen Cottingham
Director
Recreation and Conservation Office
Date:
The sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement.
The signators listed below represent and warrant their authority to bind the parties to this Agreement.
July 20, 2015
City of Kent
Page 4 of 29 RCO 15-1240R
32
Standard Terms and Conditions
of the Project Agreement
Table of Contents Page
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS………………………………………………….... 7
SECTION 2. PERFORMANCE BY THE SPONSOR……………………………………………………………..
SECTION 3. ASSIGNMENT………………………………………………………………………………………...
SECTION 4. RESPONSIBILITY FOR PROJECT………………………………………………………………...
SECTION 5. INDEMNIFICATION…………………………………………………………………………………..
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR……………………………………………......
SECTION 7. CONFLICT OF INTEREST…………………………………………………………………………..
SECTION 8. COMPLIANCE WITH APPLICABLE LAW………………………………………………………...
SECTION 9. RECORDS……………………………………………………………………………………………..
SECTION 10. PROJECT FUNDING………………………………………………………………………………...
SECTION 11. PROJECT REIMBURSEMENTS…………………………………………………………………...
SECTION 12. ADVANCE PAYMENTS……………………………………………………………………………...
SECTION 13. RECOVERY OF PAYMENTS…………………………………………………………………….....
SECTION 14. COVENANT AGAINST CONTINGENT FEES…………………………………………………….
SECTION 15. INCOME AND USE OF INCOME…………………………………………………………………...
SECTION 16. PROCUREMENT REQUIREMENTS……………………………………………………………….
SECTION 17. TREATMENT OF EQUIPMENT…………………………………………………………………….
SECTION 18. RIGHT OF INSPECTION…………………………………………………………………………….
SECTION 19. STEWARDSHIP AND MONITORING……………………………………………………………...
SECTION 20. PREFERENCES FOR RESIDENTS……………………………………………………………......
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND
RESTORATION
PROJECTS……………………………………………………………………….
SECTION 21. ACKNOWLEDGMENT AND SIGNS………………………………………………………………..
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS……………………………………...
SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO
OTHER
USES…………………………………………………………………………………….......
SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS..
SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS….....
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SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY……………………………………………
SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS
ONLY…………………………………………………………………………………………………..
SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY…….
SECTION 30. PROVISIONS FOR FARMLAND PRESERV ATION ACCOUNT PROJECTS ONLY………...
SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY………...
SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS
ONLY…………………………………………………………………………………………………...
SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA AND
MARINE SHORELINE PROTECTION PROJECTS
ONLY…………………………………......
SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA
PROJECTS
ONLY……………………………………………………………………………….......
SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS
ONLY…………………………………………………………………………………………………..
SECTION 36. ORDER OF PRECEDENCE………………………………………………………………………...
SECTION 37. AMENDMENTS……………………………………………………………………………………….
SECTION 38. LIMITATION OF AUTHORITY………………………………………………………………………
SECTION 39. WAIVER OF DEFAULT……………………………………………………………………………...
SECTION 40. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR
BREACH……………………………………………………………………………………………....
SECTION 41. SPECIFIC PERFORMANCE………………………………………………………………………...
SECTION 42. TERMINATION………………………………………………………………………………………..
SECTION 43. DISPUTE HEARING………………………………………………………………………………….
SECTION 44. ATTORNEYS’ FEES…………………………………………………………………………………
SECTION 45. GOVERNING LAW/VENUE………………………………………………………………………....
SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS
THE
SPONSOR……………………………………………………………………………………....
SECTION 47. SEVERABILITY……………………………………………………………………………………….
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15-1240R
Standard Terms and Conditions
of the Project Agreement
City of Kent Project Number: Project Sponsor:
12/9/2015 Approval Date: Downey Farmstead - Frager Rd Relocation Project Title:
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisio ns in the
future.
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 “Project Agreement” accepted by all parties to the present transaction,
including without limitation these Standard Terms and Conditions, all attachments, addendums, and amendments, and any
intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any l imitations on their
effect.
applicant - Any party that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of f unds
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.
C.F.R. - Code of Federal Regulations
contractor - An entity that receives a contract from a sponsor. A contract is a legal instrument by which a non -Federal entity (sponsor)
purchases property or services to carry out the project or program under a Federal award. A contractor is not the same as the sponsor or
subrecipient. A contract is for the purpose of obtaining goods and services for the non -Federal entity's (sponsor’s) own use and creates a
procurement relationship with the contractor (2 C.F.R § 200.23 (2013)).
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 b enefit 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.
equipment - Tangible personal property (including information technology systems) having a useful 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. §
200.33 (2013)).
funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB)
created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW.
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. § 200.56 (2013)).
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 project - A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor
recreationists.
maintenance and operation project - A project that maintains existing areas and facilities through repairs, upkeep, and routine servicing
for the benefit of outdoor recreationists.
match or matching share - The portion of the total project cost provided by the sponsor.
milestone - An important event with a defined date to track an activity related to implementation of a funded project and monitor
significant stages of project accomplishment.
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. §
200.74 (2013)). If this Agreement is a federal subaward, RCO is the pass-through entity.
period of performance - The time during which the sponsor may incur new obligations to carry out the work authorized under this this
Agreement (2 C.F.R. § 200.77 (2013)).
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.
Page 7 of 29 RCO 15-1240R
35
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 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. § 200.83 (2013)).
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 Chapters 79A.25.110 and
79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW.
reimbursement - RCO’s payment of funds from eligible and allowable costs that have already been paid by the sponsor pe r 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
original expectations or functions. This does not include maintenance activities to maintai n 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 improves the ecological
functionality of a site.
RCW - Revised Code of Washington
RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and maintenance of
backcountry trails.
secondary sponsor - one of two or more eligible organizations that sponsors a grant-funded project. Of these two sponsors, only one -
the primary sponsor - may be the fiscal agent.
sponsor or primary sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;
includes its officers, employees, agents and successors. For projects funded with federal money, the sponsor is a subrecipient, which is a
non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an
individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal
awarding agency (2 C.F.R. § 200. 93 (2013)).
subaward - An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award
received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a
Federal program. A subaward may be provided through any form of legal agreeme nt, including an agreement that the pass-through entity
considers a contract (2 C.F.R. § 200.92 (2013)). 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. § 200.330 (2013)). If this Agreement is a Federal subaward, the subaward
amount is the grant program amount in Section F: Project Funding.
subrecipient - Subrecipient means a non-Federal entity that receives a subaward from a pass -through entity to carry out part of a
Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recip ient of other
Federal awards directly from a Federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a Federal subaward, the
sponsor is the subrecipient.
WAC - Washington Administrative Code.
The sponsor and secondary sponsor where applicable, shall undertake the project as described in this Agreement, the sponsor's application,
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 fort h herein. Also see
Section 36: Order of Precedence.
Timely completion of the project and submission of required documents, including progress and final reports, is important. Fa ilure to meet
critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
SECTION 2. PERFORMANCE BY THE SPONSOR
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without p rior written
consent of the RCO.
SECTION 3. ASSIGNMENT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, th e project itself
remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any
third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project i s 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.
SECTION 4. RESPONSIBILITY FOR PROJECT
The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suit s at law or
equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach o f 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 fro m claims,
demands or suits based solely upon the negligence of the State, its employees and agents for whom the State is vicariousl y liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor’s
SECTION 5. INDEMNIFICATION
Page 8 of 29 RCO 15-1240R
36
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 onl y 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 betw een sponsor and any contractors, subcontractors and vendors, 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 th e
Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, informat ion or other
items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this in demnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use o f trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from State’s, its agents’, officers’ and employees’ failure to comply with specific
written instructions regarding use provided to State, its agents, offi cers 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.
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 indu strial insurance
law, RCW Title 51.
The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government.
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, no r
will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW.
The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by f ederal, state,
and/or local laws.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by writte n notice to the
sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation o f 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.
In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the sam e 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 cl ause shall not
be exclusive and are in addition to any other rights and remedies provided by l aw or this Agreement.
SECTION 7. CONFLICT OF INTEREST
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO an d funding
board policies regardless of whether the sponsor is a public or non-public organization.
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, st ate, and local
laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural
Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management
Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health
Act); and Buy American Act.
SECTION 8. COMPLIANCE WITH APPLICABLE LAW
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. In the e vent of the
sponsor’s noncompliance or refusal to comply with any nondiscriminati on 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. T he sponsor is
responsible for any and all costs or liability arising from the sponsor’s failure to so comply with applicable law.
A.
Wages and Job Safety. The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States a nd the
State of Washington 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 t he
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 Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the rules and reg ulations
of the Washington State Department of Labor and Industries.
B.
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Archaeological and Cultural Resources. The RCO facilitates the review of applicable projects for potential impacts to archaeo logical sites
and state cultural resources. The sponsor must assist RCO in compliance with Executive Order 05-05 or the National Historic
Preservation Act before initiating ground-disturbing activity. 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. If a federal agency declines to
consult, the sponsor shall comply with the requirements of Executive Order 05-05. In 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. If human remains are discovered during project activity, work in the loc ation of
discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the co ncerned Tribe’s cultural
staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expedit ious
manner possible according to RCW 68.50.
C.
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, pam phlet,
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 fo r such
sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
D.
Debarment and Certification. By signing the Agreement with RCO, the sponsor certifies that neither it n or 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 Industries. Further, the spon sor agrees not to enter into any arrangements or contracts
related to this Agreement with any party that is on the “Contractors not Allowed to Bid on Public Works Projects ” list.
E.
SECTION 9. RECORDS
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 sufficie ntly 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 Reimburseme nts. If 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.
A.
Access to Records and Data. At no additional cost, the records relating to the Agree ment, 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 spons or’s
reports, including computer models and methodology for thos e models.
B.
Public Records. Sponsor acknowledges that the funding board is subject to RCW 42.56 and that this Agreement and any records s ponsor
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 th e 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 wa rrants 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 co pying
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.
C.
SECTION 10. PROJECT FUNDING
Authority. This agreement is funded through a grant award from the recreation and conservat ion funding board per WAC 286-13-050
and/or the salmon recovery funding board per WAC 420-04-050. The director of RCO enters into this agreement per delegated authority
in RCW 79A.25.020 and 77.85.120.
A.
Additional Amounts. 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 writ ten
amendment into this Agreement.
B.
Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be elig ible 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.
C.
Requirements for Federal Subawards. Pre-agreements costs before the federal award date in Section F: Project Funding are ineligible
unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). D.
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After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be el igible, in
whole or in part, for grant funds hereunder. In 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.
E.
Retainage Held Until Project Complete. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total
amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when:
1. All approved or required activities outlined in the Agreement 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 are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed; and
8. Fiscal transactions are complete.
9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future.
D.
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 by the sponsor. C.
Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286 -13 and/or 420-12. The sponsors may
only request reimbursement for eligible and allowable costs incurred during the period of performance. The sponsor may only r equest
reimbursement after (1) this Agreement has been fully executed and (2) the sponsor has remitted payment to its vendors. RCO w ill
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section F: Project Fundi ng.
Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used as part of its mat ching
share. RCO does not reimburse for donations, which the sponsor may use as part of its percentage. All reimbursement request s must
include proper documentation of expenditures as required by RCO.
A.
SECTION 11. PROJECT REIMBURSEMENTS
Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are
required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activi ties
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.
B.
Requirements for Federal Subawards: Match. The sponsor’s matching share must comply with 2 C.F.R. § 200.306 (2013). Any shared
costs or matching funds and all contributions, including cash and third party in-kind contributions, must 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 requireme nts of other
Federal programs;
6. Are provided for in the approved budget when required by the Federal awarding agency identified in Section G: Federal Fund
Information of this Agreement; and
7. Conform to other provisions of 2 C.F.R. Part 200, Subpart D-Post Federal Award Requirements (2013), as applicable.
E.
Requirements for Federal Subawards: Close out. Per 2 C.F.R § 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 Federal award.
3. Refund any balances of unobligated cash that the Federal awarding agency or pass -through 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 Circular A -129 and see 2
C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts.
4. Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordan ce with 2
C.F.R §§ 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property (2013).
F.
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consi stent with legal
requirements and Manual 8: Reimbursements. See WAC 420-12.
SECTION 12. ADVANCE PAYMENTS
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SECTION 13. RECOVERY OF PAYMENTS
Recovery for Noncompliance. In 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 a t law or in equity.
A.
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. Interest shall
accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing.
B.
Requirements for Federal Subawards. The pass-through entity (RCO) may impose any of the remedies as authorized in 2 C.F.R §§
200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). C.
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 clau se 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.
SECTION 14. COVENANT AGAINST CONTINGENT FEES
Income. B.
SECTION 15. INCOME AND USE OF INCOME
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:
(a) Value of any service(s) furnished;
(b) Value of any opportunities furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
(d) Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a
facility/range fee must not be charged (RCW 79A.25.210).
2.
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. 1.
Use of income. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, catt le grazing,
timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or
federal law, the revenue may only be used to offset:
C.
The sponsor’s matching resources; 1.
The project’s total cost; 2.
The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding
board grant; 3.
The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor ’s system; and/or 4.
Capital expenses for similar acquisition and/or development and renovation. 5.
RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB. A.
Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307 Program income (2013). D.
SECTION 16. PROCUREMENT REQUIREMENTS
Procurement Requirements. If Sponsors have a procurement process that follows applicable state and/or required federal proc urement
principles, it must be followed. If no such process exists the sponsor must follow these minimum procedures: A.
Publish a notice to the public requesting bids/proposals for the project; 1.
Comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex-orientation that are
applicable to state agencies in selecting a bidder or proposer. 4.
Specify in the notice the date for submittal of bids/proposals; 2.
Specify in the notice the general procedure and criteria for selection; and 3.
This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subjec t to review of
any kind or manner by any other 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.
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Requirements for Federal Subawards. B.
For all Federal subawards except RTP projects, non-Federal entities (sponsors) must follow 2 C.F.R §§ 200.318 General
procurement standards through 200.326 Contract Provisions (2013). 1.
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 § 1201.317 (2013)). State procurement policies are in subsection A of this section. 2.
SECTION 17. TREATMENT OF EQUIPMENT
Discontinued Use. Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant program.
When the sponsor discontinues use of the equipment for the purpose for which it was funded, RCO will require the sponsor to d eliver the
equipment to RCO, dispose of the equipment according to RCO policies, or return the fair market value of the equipment to RCO.
Equipment shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writin g.
A.
Loss or Damage. The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of the sponsor
or which results from the failure on the part of the sponsor to maintain and administer that equipment in accordance with sound
management practices.
B.
Requirements for Federal Subawards. Except RTP, procedures for managing equipment (including replacement equipment), whether
acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum , meet the following requirements (2
C.F.R § 200.313 (2013)):
C.
Property records must be maintained that include a description of the property, a serial number or other identification numbe r, the
source of funding for the property (including the FAIN), 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 dispositi on data including the date of disposal and sale price of the property.
1.
A physical inventory of the property must be taken and the results reconciled with the property records at least once every t wo
years. 2.
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. 3.
Adequate maintenance procedures must be developed to keep the property in good condition. 4.
If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the
highest possible return. 5.
Requirements for RTP Subawards. The subrecipient (sponsor) shall follow such policies and procedures allowed by the State with respect
to the use, management and disposal of equipment acquired under a Federal award (2 C.F.R § 1201.313 (2013)). D.
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, compliance, and/or quality
assurance under this Agreement.
If a landowner agreement or other form of control and tenure as described in Section 22.B: Control and Tenure has been execut ed, it will
further stipulate and define the funding board and RCO’s right to inspect and access lands acquired or developed with f unding board
assistance.
SECTION 18. RIGHT OF INSPECTION
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards o r RCO.
Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board.
SECTION 19. STEWARDSHIP AND MONITORING
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 ba sis of
residence. Even so, the funding board discourages the imposition of differential fees. F ees for nonresidents must not exceed twice the fee
imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the
amount that would be imposed on residents at comparable state or loc al public facilities.
SECTION 20. PREFERENCES FOR RESIDENTS
SECTION 21. ACKNOWLEDGMENT AND SIGNS
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. A.
Signs. The sponsor also shall post signs or other appropriate media during the project period of perfor mance and in the future at project
entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless ex empted in
funding board policy or waived by the director.
B.
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Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor s hall
verbally acknowledge the applicable grant program’s funding contribution at all dedication ceremonies. C.
Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other docu ments
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;
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 fina nced by nongovernmental sources.
D.
The following provisions shall be in force only if the project described in this Agreement is for construction of land or fac ilities in a development,
maintenance, renovation or restoration project:
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION AND RESTORATION PROJECTS
Document Review and Approval. The sponsor agrees to submit one copy of all construction plans and specifications to RCO for r eview
prior to implementation or as otherwise identified in the milestones. Review and approval by RCO will be for compliance with the terms of
this Agreement. Only change orders that impact the amount of funding or changes to the scope of the project as described to a nd
approved by the funding board or RCO must receive prior written approval.
A.
Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long -term lease,
easement, or fee simple ownership) for the land proposed for construction. The doc umentation must meet current RCO requirements
identified in the appropriate grant program policy manual as of the effective date of this Agreement.
B.
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: C.
"During the performance of this contract, the contractor agrees to comply with all federal
and state nondiscrimination laws, regulations and policies.”
Use of Best Management Practices. Sponsors are encouraged to use best management practices developed as part of the Washingto n
State Aquatic Habitat Guidelines (AHG) Program. AHG documents include “Integrated Streambank Protection Guidelines”, 2002;
“Protecting Nearshore Habitat and Functions in Puget Sound”, 2010; “Stream Habitat Restoration Guidelines”, 2012; “Water 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 pract ices
developed by the Washington Invasive Species Council (WISC) described in “Reducing Accidental Introductions of Invasive Species”
which is available on the WISC Web site.
D.
Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser interests) are acquire d, 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 project type, the rea l property
rights being acquired and whether or not those rights are being acquired in perpetuity.
D.
Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance
provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be
incorporated into the Agreement before final payment.
C.
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. B.
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. A.
The following provisions shall be in force only if the project described in this Agreement is an acquisition project:
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS
Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment 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.
3.
Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO.
Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery
purposes. The Assignment of Rights requires the signature of the underl ying landowner and must be incorporated by reference in
the easement document.
2.
Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the
property for public purposes consistent with the fund source. See WAC 420 -12 or 286-13. Sponsors shall use this document when
acquiring real property rights that include the underlying land. This document may also be applicable for those easements whe re the
sponsor has acquired a perpetual easement for public purposes.
1.
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Real Property Acquisition and Relocation Assistance E.
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 Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public
Law 91-646, as amended by the Surface Transportation and Uniform Relocation Ass istance Act, PL 100-17-1987, and applicable
regulations and procedures of the federal agency implementing that Act.
1.
Housing and Relocation. In 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.
3.
State Acquisition Policies. When 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.
2.
Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery.
Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with Section 8.C.:
Archaeological and Cultural Resources before structures are removed or demolished.
F.
Hazardous Substances. G.
Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site fo r the
presence of hazardous substances, as defined in RCW 70.105D.020(10), 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.”
1.
Hold Harmless. The sponsor will defend, protect and hold harmless RCO 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 l oss 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.
3.
Responsibility. Nothing in this provision alters the sponsor's duties and liabilitie s regarding hazardous substances as set forth in
RCW 70.105D. 2.
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.
In those instances where the Federal interest attached is for a period of 15 years or more, the Federal awarding agency or th e
pass-through entity (RCO), at its option, may require the sponsor to report at various multi-year frequencies (e.g., 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 § 200.329 (2013)).
H.
The sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained,
renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior
approval of the funding board in compliance with applicable statutes, rules, and funding board policies. Also see WAC Title 2 86 or 420. It is the
intent of the funding board’s conversion policy, current or as amended in the future, that all real property or facilities acquired, developed,
renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in t he Agreement or as
approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB /SRFB
policies.
For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or
easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written do cuments or required
by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease,
easement, deed, or landowner agreement.
When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established fun ding board
policies.
SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES
Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with funding boar d funds,
including undeveloped sites, are built, operated, used, and maintained: A.
The following provisions shall be in force only if the project described in this Agreement is an acquisition, development, ma intenance,
renovation or restoration project:
SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
According to applicable federal, state, and local laws and regulations, including public health standards and building codes. 1.
In a reasonably safe condition for the project’s intended use. 2.
Throughout its estimated useful service life so as to prevent undue deterioration. 3.
In compliance with all federal and state nondiscrimination laws, regulations and policies. 4.
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Open to the public. Facilities open and accessible to the general public must: B.
Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with
Disabilities Act, and the Architectural Barriers Act, as updated.
1.
Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 2.
Be available for use by the general public without reservation at reasonable hours and times of the year, according to the ty pe of
area or facility. 3.
A corporate sponsor, including any nonprofit sponsor, shall:
SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS
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 Agreeme nt. A.
Notify RCO prior to corporate dissolution at any time during the period of performance or long -term obligations. Within 30 days of
dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities. A
qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the t erms and
conditions of this Agreement. RCO will process an amendment transferring the sponsor ’s obligation to the qualified successor if
requirements are met.
B.
Sites or facilities open to the public may not require exclusive use, (e.g., members only). C.
The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified in
Section G: Federal Fund Information.
SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY
Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. 60, all contracts that meet the definition of “federally
assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 Fed. Reg. 12319, 12935, 3 C.F.R. 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. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
Federally assisted construction contract means any agreement or modification thereof between any applic ant 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 app roved by the
Government for a grant, contract, loan, insurance, or guarantee under which the applicant i tself participates in the construction work. (41
C.F.R. § 60-1.3)
Construction work means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of building s, 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. (41 C.F.R. § 60-1.3)
A.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). 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. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction ”).
In 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. In addition, contractors must be required to pay wage s 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 accept ance of the
wage determination. The non-Federal entity (sponsor) must report all suspected or reported violations to the Federal awarding agency
identified in Section G: Federal Fund Information.
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 Whole
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 pa rt of the
compensation to which he or she is otherwise entitled. The non -Federal entity (sponsor) must report all suspected or reported violations to
the Federal awarding agency identified in Section G: Federal Fund Information.
B.
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Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where 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 hou rs. 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, o r contracts for transportation or transmission of
intelligence.
C.
Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37
C.F.R § 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 wor k under
that “funding agreement,” the recipient or subrecipient (sponsor) must comply with the requirements of 37 C.F.R Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
D.
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), 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 Air Act (42 U.S.C. 7401 -7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section G:
Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA).
E.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,0 00 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 awa rd
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.
F.
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 an d
Recovery Act. The requirements of Section 6002 include procuring only items des ignated in guidelines of the Environmental Protection
Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with mai ntaining 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 resou rce
recovery; and establishing an affirmative procurement pr ogram for procurement of recovered materials identified in the EPA guidelines.
G.
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 § 200.310 (2013)).
H.
Debarment and Suspension (Executive Orders 12549 and 12689). The sponsor must not award a contract (see 2 C.F.R § 180.220) to
parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the Office of
Management and Budget (OMB) guidelines at 2 C.F.R § 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.
I.
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Liability Insurance. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to
liability insurance it may currently carry, 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 persons 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 fac ility; provided that the
coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person.
A.
SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY
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. B.
Length of Insurance. 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 E: On-going
Obligation.
C.
Notice of Cancellation. 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 insure r, and within ten (10)
calendar days following any termination of the policy by the sponsor.
D.
Government Agencies. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or m unicipal
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 t hat program or
policy as a part of its application to the funding board.
E.
Sole Duty of the Sponsor. By this requirement, the funding board and RCO does not assume any duty to any individual person wi th
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 sp onsor, or
others, for any and all remedies that may be available by law.
F.
The following provisions shall be in force only if the project described in this Agreement is funded from the Firearms and Ar chery Range
Recreation Account.
The following provisions shall be in force only if the project described in this Agreement is funded from the Land and Water Conservation Fund.
If the project has been approved by the National Park Service, US Department of the Interior, for funding assis tance from the federal Land and
Water Conservation Fund (LWCF), the “Project Agreement General Provisions” in the LWCF State Assistance Program Federal Financial
Assistance Manual are also made part of this Agreement and incorporated herein. The sponsor sh all 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.
SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Washington Wild life and Recreation
Program Farmland Preservation Account.
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following secti ons will not
apply if covered separately in a recorded RCO approved Agricultural Conservation Easement:
A. Section 15 - Income and Income Use;
B. Section 19 - Stewardship and Monitoring;
C. Section 21 - Acknowledgement and Signs;
D. Section 23 - Provisions applying to Acquisition Projects, Sub-sections D, F, and G;
E. Section 24 - Restriction on Conversion of Real Property and/or Fac ilities to Other Uses; and
F. Section 25 - Construction, Operation and Maintenance of Assisted Projects.
SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded by the SRFB.
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not co mmence with
clearing of riparian trees or in-water work unless either the sponsor has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this
requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by
RCO.
SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY
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Cost Principles/Indirect Costs for State Agencies. Sub-Recipient (sponsor) will 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 a nd in-kind
matching donations. The applicability of the cost principles depends on the type of organization incurring the costs.
A.
SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Puget Sound Acquisition and
Restoration program.
The sponsor agrees to the following terms and conditions:
Sub-recipient (sponsor) shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit
Requirements), if the sponsor expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for ea ch year is a
cumulative total of all federal funding from all sources. The sponsor shall forward a copy of the audit along with the sponsor ’s response
and the final corrective action plan to RCO within ninety (90) days of the date of the audit report. For complete information on how to
accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site:http://harvester.census.gov/facweb
B.
Credit and Acknowledgement. In 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 necessari ly reflect
the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constit ute
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 w hole 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 othe r
information about the Act.
D.
Drug Free Workplace Certification. 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 regul ations, 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. Recipients can access the
Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.gov.
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 which are not allowable. Management fees or similar char ges
may not be used to improve or expand the project funded under this agreement, except for the extent authorized as a direct co st 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 th e 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."
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.
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 assistance
agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing
law. The recipient (sponsor) shall abide by their 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 U. S. or for lobbying or other political activities.
The sponsor agrees to comply with 40 C.F.R. Part 34, New Restricti ons 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.
In 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 mor e than $100,000
for each expenditure.
H.
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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 Internal 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.
Reimbursement Limitation. If the sponsor expends more than the amount of RCO funding in this Agreement in anticipation of rec eiving
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.
I.
Disadvantaged Business Enterprise Requirements. Sponsor agrees to comply with the requirements of EPA ’s 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 the purchase or Agreement and are as follows:
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% 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 persons submitting qualifications
shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement:
1. Include 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.
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. In accordance with the deviation from 40 C.F.R. §33.502, 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).
When 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 repo rting
period or not. If no procurements take place during the reporting period, the recipient should check the box in section 5B wh en completing
the form.
MBE/WBE 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 can also answer any questions.
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with r egulations,
the sponsor must submit a final MBE/WBE report.
Non-compliance may impact future competitive grant proposals. The current EPA From 5700 -52A can be found at the EPA Office of
Small Business Program’s Home Page at http://www.epa.gov/osbp/dbe_reporting.htm.
L.
SIX GOOD FAITH EFFORTS, 40 C.F.R., Part 33, Subpart C. Pursuant to 40 C.F.R. § 33.301, the sponsor agrees to make the following
good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistan ce 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 contracti ng opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government sponsors, this will include p lacing DBEs
on solicitation lists and soliciting them whenever they are potentia l sources.
2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delive ry
schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the compe titive 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 Indian Triba l, 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.
M.
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4. Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms to handle individu ally.
5. Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development of the
Department of Commerce.
6. If the sponsor awards subcontracts, require the sponsor to take the steps in paragraphs (1) throu gh (5) of this section.
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 State s unless authorized under existing law.
The chief executive officer of this sponsor agency shall ensure that no grant funds awarded under this assistance agreement a re used to
engage in lobbying of the Federal Government or in litigation against the Unit ed States unless authorized under existing law. The sponsor
shall abide by its respective Attachment in 2 CF.R. Part 200, which prohibits the use of Federal grant funds for litigation a gainst 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/AppKit/form/Lobbying_sec.pdf
Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf
Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims aga inst 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 IV 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 fo r travel
performed (the recipient will pay these in accordance with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are n ot
affected by this limitation unless the terms of the contract provide the recipient (sponsor) with responsibility for the selection, directi on 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. §
30.27(b) or 40 C.F.R. § 31.369(j), as applicable, for additional information.
As of January 1, 2014, the limit is $602.24 per day $75.28 per hour.
O.
Peer Review. Where appropriate, prior to finalizing any significant technical products the P rincipal Investigator (PI) of this project must
solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter speciali sts. A record of
comments and a brief description of how respective comments are ad dressed by the PI will be provided to the Project Monitor prior to
releasing any final reports or products resulting from the funded study.
P.
The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restorat ion
Program - EPA or the Marine Shoreline Protection program.
The sponsor shall comply with all applicable federal, State, and loc al laws, rules, and regulations in carrying out the terms and conditions of
this Agreement.
SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA AND MARINE
SHORELINE
Administrative Conditions A.
Cost Principles. The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200 (2013). Unless otherwise indicated , the
Cost Principles apply to the use of funds provided under this Agreement and In -kind matching donations. The applicability of the
Cost Principles depends on the type of organization incurring the costs.
1.
Audit Requirements. The sponsor shall fully comply with requirements of 2 C.F.R. Part 200, Subpart F - Audit Requirements (2013),
if applicable. See also Section F: Project Funding. 2.
Hotel-Motel Fire Safety Act. Pursuant to 40 C.F.R. 30.18, if applicable, and 15 U.S.C 2225a, sponsor agrees to ensure that all spac e
for conferences, meetings, conventions, or training seminars funded in whole or in part w ith federal funds complies with the
protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101 -391, as amended. The sponsor may search the
Hotel-Motel National Master List at: http://www.usfa.dhs.gov/applications/hotel to see if a pro perty is in compliance (FEMA ID is
currently not required), or to find other information about the Act.
3.
Recycled Paper 4.
Institutions of Higher Education Hospitals and Non-Profit Organizations. In accordance with 40 C.F.R. 30.16, sponsor agrees to
use recycled paper and double-sided printing for all reports which are prepared as a part of this Agreement and delivered to
EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printe d
on recycled paper and are available through the General Services Administration.
a.
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State Agencies and Political Subdivisions. In accordance with Section 6002 of the Resource Conservation and Recovery Act
(RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an
item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding
fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the
purchases of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are
listed in 40 C.F.R. 247.
b.
State and Local Institutions of Higher Education and Non-Profit Organizations. In accordance with 40 C.F.R. § 30.16, State
and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give
preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA ’s
guidelines.
c.
State Tribal and Local Government Recipients. In accordance with the policies set forth in EPA Order 1000.25 and Executive
Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the sponsor
agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and
delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which
are printed on recycled paper and are available through the General Services Administration.
d.
Lobbying. The sponsor agrees to comply with Title 40 C.F.R. Part 34, New Restrictions on Lobbying. The 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.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 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 $1 0,000 and not
more than $100,000 for each expenditure. See also Section 11: Compliance with Applicable Federal Laws.
5.
Part 30 Recipients. All contracts awarded by the sponsor shall contain, when applicable, the anti -lobbying provisions as
stipulated in the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, the sponsor affirms that it is not a non-profit organization described in
Section 501(c)(4) of the Internal 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.
a.
Lobbying and Litigation. The sponsor's chief executive officer 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 Appendix in 2 C.F.R. Part 200, which prohibits the use of Federal gr ant
funds for litigation against the United States or for lobbying or other political activi ties.
b.
Suspension and Debarment. The sponsor shall fully comply with Subpart C of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532, entitled
‘Responsibilities of Participants Regarding Transaction (Doing Business with Other Persons)’. The sponsor is responsible for
ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532, entit led
‘Covered Transactions’, includes a term or condition requiring compliance with Subpart C. The sponsor is respon sible for further
requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. The sponsor acknowl edges
that failing to disclose the information as required at 2 C.F.R. § 180.335 may result in the delay or negation of this assistance
agreement, or pursuance of legal remedies, including suspension and debarment.
The sponsor may access the Excluded Parties List System at: http://www.epls.gov. This term and condition supersedes EPA Form
5700-49, ‘Certification Regarding Debarment, Suspension, and Other Responsibility Matters’. See also Section 27: Provisions for
Federal Subawards Only.
6.
Drug-Free Workplace Certification. The sponsor must 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, t he
sponsor must identify all known workplaces under its federal award; and keep this information on file during the performance of the
award.
7.
Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. a.
b. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. The sponsor can access 2
C.F.R Part 1536 at http://ecfr.gpoaccess.gov.
Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowab le.
The term “management fees or similar charges” refers to expenses added to the direct costs in order to accumulate and reserve
funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this as sistance
agreement. Management fees or similar charges may not be used to improve or ex pand the project funded under this Agreement,
except to the extent authorized as a direct cost of carrying out the scope of work.
8.
Reimbursement Limitation. If the sponsor expends more than the grant amount in this Agreement in its approved budget in
anticipation of receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally obligat ed to
reimburse the sponsor for costs incurred in excess of the approved budget. See also Section 11: Project Reimbursements.
9.
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Trafficking in Persons. The following prohibition statement applies to the sponsor, and all sub -awardees of the sponsor. The sponsor
must include this 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."
10.
Disadvantaged Business Enterprise Requirements, General Compliance. The sponsor agrees to comply with the requirements of
EPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises in procurement under assistance agreements,
contained in 40 C.F.R. Part 33.
11.
Sub-Awards. If the sponsor makes sub-awards under this Agreement, the sponsor is responsible for selecting its sub-awardees
and, if applicable, for conducting sub-award competitions. The sponsor agrees to: 12.
Establish all sub-award agreements in writing; a.
b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT
DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE);
c. Ensure that any sub-awards comply with the standards in 2 C.F.R. Part 200, and are not used to acquire commercial goods or
services for the sub-awardee;
d. Ensure that any sub-awards to 501(c)(4) organizations do not involve lobbying activities;
e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and
terms and conditions which flow down in the sub-award;
f. Obtain RCO’s consent before making a sub-award to a foreign or international organization, or a sub-award to be performed in
a foreign country; and
g. Obtain approval from RCO for any new sub-award work that is not outlined in the approved work plan in accordance with 40
C.F.R. Parts 30.25 and 31.30, as applicable.
Federal Employees. No Subcontract or grant funds may be used to provide any Federal Employee transportation assistance,
reimbursement, and any other expense. 13.
Fly America Act. The sponsor agrees to comply with 49 U.S.C. 40118 (the “Fly America” act) in accordance with the General
Services Administration’s regulations at 41 C.F.R. Part 301-10, which provide that recipients and subrecipients of Federal funds and
their contractors are required to use U.S. Flag air carriers for U.S. Government -financed international air travel and transportation of
their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity,
as defined by the Fly America Act. The sponsor shall submit, if a foreign air carrier was used, an appropriate certification or
memorandum adequately explaining why service by U.S. flag air carrier was not available or why it was necessary to use a fore ign
air carrier and shall, in any event, provide a certificate of compliance with the Fly Americ a requirements. The sponsor agrees to
include the requirements of this section in all subcontracts that may involve international air transportation.
14.
Recovered Materials. The sponsor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and
Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 24 7,
and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247. See also
Section 27: Provisions for Federal Subawards Only.
15.
Copeland “Anti-Kickback” Act. All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and
subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 C,F,R, Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to giv e up
any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the
Federal awarding agency. See also Section 27: Provisions for Federal Subawards Only.
16.
Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7). When required by Federal program legislation, all construction contracts
awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act
(40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be requir ed to
pay wages to laborers and mechanics at a rate not less than the mi nimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall pl ace a
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract
shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported viol ations
to the Federal awarding agency. See also Section 27: Provi sions for Federal Subawards Only.
17.
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Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Where applicable, all contracts awarded by recipients in
excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or
laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards A ct
(40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Section 102 of the Act, each
contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 ho urs.
Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to
construction work and provides that no laborer or mechanic shall 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. See also Section 27:
Provisions for Federal Subawards Only.
18.
Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental,
developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting inv ention in
accordance with 37 C.F.R. Part 401, "Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
See also Section 27: Provisions for Federal Subawards Only.
19.
FY12 APPR ACT: Unpaid Federal Tax liabilities and Federal Felony Convictions. This Agreement is subject to the provisions
contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, HR 2055, Division E,
Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions. Accordingly, by accepting this award the
recipient acknowledges that it (1) is not subject to any unpaid Federal tax liability that has been assessed, for which all j udicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent
acting on its behalf convicted) of a felony criminal conviction under and Federal law within 24 months preceding the award, unless
EPA has considered suspension or debarment of the corporation, or such officer or agent, based on these tax liabilities or
convictions and determined that such action is not necessary to such action is not necessary to protect the Government ’s interests.
If the recipient fails to comply with these provisions, EPA will annul this agreement and may recover any funds the recipient has
expended in violation of sections 433 and 434.
20.
Programmatic Conditions: B.
Semi-Annual FEATS Performance Reports. The sponsor is required to submit performance reports every six months, unless a
different reporting frequency is outlined in the Scope of Work, using the reporting tool supplied by RCO. The sponsor agrees to
include brief information on each of the following areas:
1.
Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the
period; a.
b. The reasons for slippages if the established outputs/outcomes were not met; AND
Final Performance Report. In addition to the periodic performance reports, the sub-recipient will submit a final performance report to
RCO within 60 calendar days after the expiration or termination of the award. The report shall be submitted to the RCO Grant
Manager and must be provided electronically. The report shall generally contain the same information as in the periodic reports, but
should cover the entire project period.
2.
Recognition of EPA Funding. Reports, documents, signage, videos, or other media, developed as part of projects funded by this
Agreement shall contain the following statement:
"THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY UNDER ASSISTANCE AGREEMENT TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE. 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."
3.
Copyrighted Material. EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data
developed under this assistance agreement for Federal purposes.
RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other dat a developed under this
Agreement as a result of: a) the selection of another grantee by EPA to perform a project that will involve the use of the co pyrighted
works or other data or; b) termination or expiration of this agreement.
4.
Peer Review. The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant
technical products the Principal Investigator (PI) 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 PI will be provided to the RCO Grants Manager prior to releasing any final reports or products
resulting from the funded study.
5.
c. Additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs.
Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 15 days after
the end of each reporting period.
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Quality Assurance Requirements. Acceptable Quality Assurance documentation must be submitted to the Grant Program within 30
days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager. The National Estuary Program
(NEP) Quality Coordinator supports quality assurance for EPA-funded NEP projects. No work involving direct measurements or data
generation, environmental modeling, compilation of data from literature or electronic media, and data supporting the design,
construction, and operation of environmental technology shall be initiated under an agreement until RCO or the NEP Quality
Coordinator has approved the quality assurance document. The sponsor will submit all Quality Assurance documentation to the
following address. Please copy the Grant Program on all correspondence with the NEP Quality Coordinator. Thomas H. Gries, NEP
Quality Coordinator Department of Ecology Tgri460@ecy.wa.gov 360.407.6327.
6.
Environmental Data and Information Technology. Sub-recipients are required to institute standardized reporting requirements into
their work plans and include such costs in their budgets. All environmental data will be required to be entered into the EPA’s Storage
and Retrieval data system (STORET). The best method (local or state consolidated) for reporting will be determined on a
project-by-project basis between the DFW grant manager and sub-recipient. More information about STORET can be found at
http://www.epa.gov/STORET.
7.
The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Sal mon Restoration
Program - EPA.
SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA PROJECTS ONLY
DUNS and CCR Requirements A.
Unless otherwise exempted from this requirement under 2 C.F.R. § 25.110, the sponsor must maintain the currency of its
information in the CCR until submission of its final financial report required under this Agreement or receive the final paym ent,
whichever is later.
1.
The sponsor may not make a sub-award to any entity unless the entity has provided its DUNS number to t he sponsor. 2.
FY2011 ACORN Funding Restriction. No funds provided under this Agreement may be used for sub -awards/sub-grants or contracts to the
Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries. B.
The following provisions shall be in force only if the project described in this Agreement is funded from the Marine Shorelin e Protection
program.
The Sub-Recipient shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and conditions
of this Agreement.
SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY
Federal Finance Report (FFR). Recipients (sponsor) shall submit final Federal Financial Reports (FFR), Standard Form 425 (SF-425), to
EPA no later than 90 calendar days after the end of the project period. The form is available on the internet at
www.epa.gov/ocfo/finservices/forms.htm. All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC, 4220 S.
Maryland Pkwy Bldg C, Rm 503, Las Vegas, NV 89119, or by FAX to: 702-798-2423. The LVFC will make adjustments, as necessary, to
obligated funds after reviewing and accepting a final Federal Financial Report. Recipients (sponsor) will be notified and ins tructed by EPA
if they must complete any additional forms for the closeout of the assistance agreement. EPA may take enforcement actions in
accordance with 40 C.F.R. § 30.62 and 40 C.F.R. § 31.43 if the recipient does not comply with this term and condition.
A.
Requirement for Central Contractor Registration (CCR)/System for Award Management (SAM). Unless the sponsor is exempted
from this requirement under 2 C.F.R. § 25.110, the sponsor must maintain the currency of its information in the SAM until the
sponsor submits the final financial report required under this award or receive the final payment, whichever is later. This requires
that the sponsor review and update the information at least annually after the initial registration, and more frequently if r equired by
changes in your information or another award term.
1.
Requirement for Data Universal Numbering System (DUNS) numbers. If the sponsor is authorized to make subawards under this
award, the sponsor: 2.
DUNS and CCR Requirements C.
Reimbursement Limitation. If the sponsor expends more than the amount of federal funding in its approved budget in anticipation of
receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally obligated to reimburse
Sub-Recipient for costs incurred in excess of the approved budget.
B.
Must notify potential subrecipients that no entity may receive a subaward from the sponsor unless the entity has provided its
DUNS number to the sponsor. a.
May not make a subaward to an entity unless the entity has provided its DUNS number to the spnosor. b.
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53
Definitions. For purposes of this award term: 3.
Central Contractor Registration (CCR)/System for Award Management (SAM) means the Federal repository into which an
entity must provide information required for the conduct of business as a recipient. Additional information about registratio n
procedures may be found at the System for Award Management (SAM) Internet site http://www.sam.gov.
a.
Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and
Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone
(currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform).
b.
Entity.as it is used in this award term, means all of the following, as defined at 2 C.F.R Part 25, subpart C:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization; and
v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.
c.
Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or
program for which you received this award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out the project or program (for furth er
explanation, see Sec. --.210 of the attachment to OMS Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations").
iii. A subaward may be provided through any legal agreement, including an agreement that you consider a contract.
d.
Subrecipient means an entity that:
i. Receives a subaward from you under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
e.
General. This term and condition incorporates by reference the signed assurance provided by the recipient's authorized
representative on: 1) EPA Form 4700-4, "Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA
Financial Assistance"; and 2) Standard Form 4248 or Standard Form 424D, as applicable. These assurances and this term and
condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations.
1.
Statutory Requirements. In carrying out this agreement, the recipient must comply with: 2.
CIVIL RIGHTS OBLIGATIONS D.
Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited
English proficiency (LEP), by entities receiving Federal financial assistance. a.
Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities
receiving Federal financial assistance; and b.
The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving c.
d. Federal financial assistance.
If the recipient is conducting an education program under this agreement, it must also comply with Title IX of the Education
Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entit ies
receiving Federal financial assistance.
If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with Section
13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in
CWA-funded programs or activities.
Regulatory Requirements. The recipient agrees to compl y with all applicable EPA civil rights regulations, including: 3.
For Title IX obligations, 40 C.F.R. Part 5; and a.
For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7. b.
As noted on the EPA Form 4700-4 signed by the recipient's authorized representative, these regulations establish specific
requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights
Coordinator, and providing notices of non-discrimination.
c.
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54
Title VI - LEP, Public Participation and Affirmative Compliance Obligation. 4.
As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to
LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR)
document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found a t
http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=2004 register&docid=fr25jn04-79.pdf
a.
Additional Term and Condition for Agricultural Landowners - Riparian Buffer Term for Agricultural Landowners. To be eligible for NEP
implementation funding, provided directly or through a subaward, a private agricultural land owner whose property borders fresh or
estuarine waters must establish and maintain a riparian buffer on all water courses on the property consistent with the Natio nal Marine
Fisheries Service (NMFS) guidelines for Riparian Buffers Along Agricultural W ater Courses in NW Washington and NRCS guidance on
the NMFS guidelines. A land owner may be excluded from meeting this requirement if the funding is used solely for removal of shoreline
armoring, onsite sewage system repair or replacement, engineered dike setbacks, or culvert or tide-gate replacements that provide for
fish passage at all life stages. In some cases, the NJ\.1FS recommendations are framed in terms of ranges of buffer widths rather than
point estimates, and expressed as probabilities of achieving desired outcomes. Local conditions and local circumstances matter, and may
affect the choice of the riparian buffer most effective at achieving salmon recovery. Buffer widths may be less than specifie d in the table in
cases where there is a scientific basis for doing so and all affected tribes in the watershed agree to deviations from the NMFS guidelines
or where there are physical constraints on an individual parcel (e.g. transportation corridors, structures, naturally occurri ng.
If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR's Titl e VI
Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance
can be found at http://edocket.access.qpo.gov/2006/pdf/06-2691.pdf. In accepting this assistance agreement, the recipient
acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions
do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be
prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate
how it is meeting its Title VI obligations.
b.
E.
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provis ions of the
Agreement shall be construed to conform to those laws. In the event of an inconsistency i n the terms of this Agreement, or between its terms
and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the fol lowing order:
A. Federal law and binding executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency;
E. State law;
F. Washington Administrative Code;
G. Project Agreement;
H. Board policies and procedures.
SECTION 36. ORDER OF PRECEDENCE
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parti es except period
of performance extensions in and minor scope adjustments need only be signed by RCO’s director or designee, unless the consent of the
sponsor to an extension or scope adjustment is required by its auditing policies, regulations, or legal requirements, in whic h case, no extension
shall be effective until so consented.
SECTION 37. AMENDMENTS
Only RCO or RCO’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter ,
amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any
clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO.
SECTION 38. LIMITATION OF AUTHORITY
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 t he terms of the
Agreement unless stated to be such in writing, signed by the director, or the director ’s designee, and attached to the original Agreement.
SECTION 39. WAIVER OF DEFAULT
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 this Agre ement.
SECTION 40. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH
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The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completio n of the
project as described in this Agreement. 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 e lect 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 eq uity.
SECTION 41. SPECIFIC PERFORMANCE
The funding board and RCO will require strict compliance by the spon sor 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 sp onsor 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. §
200.340.
SECTION 42. TERMINATION
For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this
Agreement:
1. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or
2. If 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. Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board or director, under this section or any other section 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 pai d be
repaid to RCO for redeposit into the account from which the funds were derived.
A.
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. If 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. If 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.
B.
For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the s econd
day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for
payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of te rmination.
C.
Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which cann ot 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.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writi ng that the procedure
under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of t hree 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 appoi nted. If 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 accordin g to the nature
and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be
governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without t he authority of
either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The reques t 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 wishe s
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.
SECTION 43. DISPUTE HEARING
In 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. ATTORNEYS’ FEES
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This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a l awsuit 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. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
SECTION 45. GOVERNING LAW/VENUE
In the cases where this Agreement is between the funding board (State) and a federally recognized Indian Tribe, the following governing
law/venue applies, but only between those parties:
SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR
Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian
tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believ es that a good
faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of
receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring s uch lawsuit in federal
court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to
applicable State law, except to the extent preempted by federal law. In the event suit is brought in federa l court and the federal court
determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the part ies agree to
venue in Thurston County Superior Court.
A.
Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from a lawsuit arising out of
this agreement, including any third party claims relating to any work performed under this agreement, shall be binding and en forceable on
the parties. Any money judgment or award against a tribe, tribal officers and members, or the State of Washington and its officers and
employees may exceed the amount provided for in Section F - Project Funding of the Agreement in order to satisfy the judgment.
B.
The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State t o bring
such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to t he performance,
or breach of this Agreement. 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. In any enforcement action, the parties shall bear their own enforcement co sts, including attorneys’ fees.
C.
For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obt ain the right of
the RCO to enforce this Agreement.
The provisions of this Agreement are intended to be severable. If 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.
SECTION 47. SEVERABILITY
Page 29 of 29 RCO 15-1240R
57
Eligible Scope Activities
15-1240
Downey Farmstead - Frager Rd Relocation Restoration
City of Kent
12/9/2015
Project Number:
Project Type:
Approval:
Project Sponsor:
Project Title:
Program:Puget Sound Acq. & Restoration
Restoration Metrics
Worksite #1, Downey Farmstead Restoration
Chinook Salmon-Puget Sound ESU,
Chum Salmon-Puget Sound/Strait of
Georgia ESU, Coho Salmon-Puget
Sound/Strait of Georgia ESU, Pink
Salmon-unidentified ESU,
Steelhead-Puget Sound DPS
Targeted salmonid ESU/DPS (A.23):
Bull Trout, CutthroatTargeted species (non-ESU species):
0.00Miles Of Stream Treated/Protected (C.0.b):
The restoration work will be completed
in a subsequent phase.
The project is identified in the WRIA 9
Green/Duwamish and Central Puget
Sound Watershed Salmon Habitat Plan
as a priority project, (Project LG-7). The
three-year workplan for WRIA 9 includes
this project as one of its high priorities
Project Identified In a Plan or Watershed Assessment (C.0.c):
NoneType Of Monitoring (C.0.d.1):
Upland Habitat And Sediment Project
0Cubic yards of sediment prevented (C.6.b.3):
not applicable, road relocation only this
phase
0.0Acres of Upland Habitat Area Treated (C.6.b.1):
not applicable - road relocation only this
phase
0.20Miles of Road Treated (C.6.b.2):
Road abandonment (C.6.d.1)
0.20Miles of Road Abandoned (C.6.d.2):
20Average width of road abandoned (in whole yards) (C.6.d.3):
Road drainage system improvements and reconstruction (C.6.c.1)
0.20Miles of Road Treated for drainage improvements and reconstruction
(C.6.c.2):
Architectural & Engineering
Architectural & Engineering (A&E)
ELIGREIM.RPT 1Page: January 21, 2016
58
Milestone Report By Project
15-1240 RProject Number:
Project Name:
Sponsor:
Downey Farmstead - Frager Rd Relocation
Kent City of
Project Manager:Elizabeth Butler
Target DateMilestoneX Comments/Description!
Applied for Permits 12/01/2014X !
Cultural Resources Complete 12/23/2014 Section 106 IDP attached in PRISM.X !
Preliminary Design to RCO 05/13/2015 Completed with funds from 08-1659.X !
Final Design to RCO 05/30/2015 Completed with funds from 11-1219.X !
Project Start 12/09/2015X
Progress Report Submitted 06/30/2016!
Annual Project Billing 07/31/2016!
Landowner Agreement to RCO 09/30/2016 Parks Dept MOU (Fishing Hole)
Landowner Agreement to RCO 09/30/2016 Frager Road (King County)
Landowner Agreement to RCO 09/30/2016 PSE
Landowner Agreement to RCO 09/30/2016 Century Link
Permits Complete 12/01/2016
Progress Report Submitted 12/30/2016!
Bid Awarded/Contractor Hired 03/01/2017
Restoration Started 04/01/2017
Progress Report Submitted 06/30/2017!
Annual Project Billing 07/31/2017!
Restoration Complete 11/30/2017 Road Relocation.
RCO Final Inspection 12/30/2017
Funding Acknowl Sign Posted 12/30/2017
Final Report in PRISM 12/30/2017
Final Design to RCO 12/30/2017!
Stewardship Plan to RCO 12/31/2017 Draft is sufficient. Final will be provided
when the habitat restoration work is
complete in Ph 2.
Progress Report Submitted 12/31/2017 If time extension is needed.!
Agreement End Date 06/30/2019 Will close earlier upon project
completion and full expending of funds.
All costs must be incurred by this date.
!
Final Billing to RCO 08/30/2019
Page:11MILESTO.RPT January 21, 2016
59
Milestone Report By Project
X = Milestone Complete
! = Critical Milestone
Page:21MILESTO.RPT January 21, 2016
60
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: January 5, 2015
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: February 1, 2016
From: Ken Langholz, Interim Design Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Item 8 : Interlocal Agreement with the Regional Fire Authority for 72nd
Ave. South
Summary:
72nd Avenue S. currently has a missing segment between S. 196th St. and S. 200th
St. The 72nd Avenue S. extension project will complete the missing link and provide
connectivity to the north end of the industrial area between West Valley Highway
and the Union Pacific Railroad tracks.
The project will benefit the Regional Fire Authority by reducing travel and response
times and allow the RFA to meet adopted level of service to the areas north and east
of the missing roadway section. Response times will be improved to 215 land
parcels. The interlocal agreement will provide $1.2 million of RFA funding to the
72nd Avenue S. extension project.
Exhibits:
Interlocal Agreement with the Regional Fire Authority
Budget Impact:
The Regional Fire Authority contribution will provide matching funds for the project.
MOTION: Move to recommend Council authorize the Mayor to sign an
Interlocal Agreement with the Kent Fire Department Regional Fire
Authority for 72nd Avenue South Improvements, subject to final terms
and conditions acceptable to the City Attorney and Public Works
Director.
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62
Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority
Page 1 of 5
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF KENT AND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY
FOR 72ND AVENUE S. IMPROVEMENTS
THIS AGREEMENT is made and entered into by and between the City of Kent, a municipal
corporation (City), and the Kent Fire Department Regional Fire Authority; a municipal
corporation (RFA), for the purposes set forth below.
RECITALS
1. The City annually proposes to improve various capital roadway projects that impact and
affect delivery of fire protection and emergency medical services within the jurisdiction of
the RFA. (Projects); and
2. The RFA measures Level of Service performance by travel time and depends on a network of
strategically located fire stations and well designed roadways with adequate capacity to
maintain safe and efficient response times; and
3. The City has an unfinished segment of 72nd Ave S that can impact the RFA’s Level of
Service standards to certain areas within the RFA’s boundaries; and
4. The City has the authority to complete 72nd Ave S but lacks the total funding needed to
complete this project; and
5. The RFA and City can achieve cost savings and benefits the public interest by each
participating in the funding of 72nd Ave S to assure construction of the project, which will
improve Level of Service for City roadways and RFA emergency response;
AGREEMENT
NOW, THEREFORE in consideration of the following terms and conditions, the parties agree as
follows:
1. PURPOSE & AUTHORITY
1.1. The purpose of this agreement is to improve levels of service and achieve economies of
scale in implementing projects that benefit the citizens of both the City and the RFA.
1.2. The City and the RFA are public agencies as defined by Chapter 39.34 of the Revised
Code of Washington ("RCW"), and are authorized to enter into Interlocal agreements on
the basis of mutual advantage and thereby to provide services and facilities in the
manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities.
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Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority
Page 2 of 5
2. PROJECT
2.1. The project consists of funding and completing an unfinished segment of 72nd Ave. S.
between S. 196th Street and S. 200th Street (Project).
3. ALLOCATION OF COSTS FOR SHARED BID ITEMS
3.1. Project costs have been determined to be approximately $3.76 million dollars and agreed
to be shared as follows.
(a). Grant from the Wa. State Transportation Improvement Board (TIB): $1,182,420
(b). Drainage District #1 matching contributions of: $ 20,000
(c). City matching contributions of: $1,357,600
(d). RFA matching contributions of: $1,200,000
4. DURATION OF AGREEMENT
4.1. The project shall begin upon execution of this agreement and shall be completed no later
than May 31, 2017.
4.2. This agreement shall remain in full force and effect for 10 years following completion of
the project or until terminated as provided in section 5.
5. TERMINATION
5.1. Either party may terminate this Agreement with thirty (30) days advance written notice
upon the failure of the other party to make timely payments or provide services as
required by this Agreement. Failure to make timely payments or to provide the services
required in this Agreement shall constitute a breach. In the event of a breach, the non-
breaching party shall provide a written notice describing the breach to the breaching
party, and the breaching party will have thirty (30) calendar days to cure the breach,
unless that time period is extended by mutual agreement of the parties. If the breaching
party fails to cure the breach in the allotted time, the non-breaching party may
immediately terminate this Agreement.
6. PROJECT RESPONSIBILITIES.
6.1. The City shall be the Lead Agency for the Project and shall be solely responsible for the
design, bidding, right-of-way acquisition and construction of the Project. The City shall
coordinate design, bidding and construction decisions with the RFA as necessary to
secure the RFA’s funding of the Project.
6.2. To the extent sufficient to pay the RFA’s obligation, the funds used by the RFA to repay
the City for its share shall be exclusively funded by either level of service fees imposed
and collected pursuant to RCW 82.02.020 within the City of Kent or Impact fees
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Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority
Page 3 of 5
imposed and collected pursuant to RCW 82.02.050 and Kent City Code 12.15 “Fire
Impact Fees.” Unavailability of sufficient funding from these two sources will not
relieve the RFA from its obligation to make timely payments. The RFA agrees
irrevocably that it will include in its budget an amount that will be sufficient, together
with all revenues and money of the RFA legally available for such purpose, to pay the
principal of and interest on the agreed long-term payable amount due to the City per the
provisions in Section 7.
7. PAYMENT
7.1. The RFA shall remit to the City an annual principal payment of not less than$120,000
plus accrued interest (see Section 7.2) beginning in 2016. The initial payment from the
RFA will come due on February 15, 2016 and all subsequent payments will come due on
February 1 of each year until paid in full.
7.2. Financing Terms: Unless modified by mutual agreement per the provisions of this
agreement, the financing shall not exceed ten (10) years and the annual interest rate is to
be the higher of 1.7% or the annualized interest rate earned on City investments in the
Local Government Investment Pool (LGIP) earned through December 31st of the year
immediately preceding the payment due date year.
8. PROJECT LEVEL OF SERVICE
8.1. The completed project along 72nd Avenue S. shall maintain a minimum peak-hour level
of service “E”, as defined in the Highway Capacity Manual, for a term of 10 years
starting upon completion of the project. Should the level of service of the finished 72nd
Avenue S. project fall below level of service “E” for any continuous one-year period
within 10 years following construction completion, the City shall credit the next year’s
RFA principal payment to the project. Credits to the RFA shall be on a per-year basis
9. INDEMNIFICATION AND HOLD HARMLESS
9.1. Each party shall be liable and responsible for the consequences of any negligent or
wrongful act or failure to act on the part of itself and its employees. Neither party
assumes responsibility to the other party to this Agreement.
10. OTHER PROVISIONS
10.1. The City shall retain ownership and usual maintenance responsibility for the road
and stormwater facilities, landscaping, signs, signals and sidewalks.
10.2. This agreement contains the entire agreement of the parties and supersedes all
prior discussions. This Agreement may be amended only in writing, signed by both
parties.
10.3. Nothing contained herein is intended to, nor shall be construed to create any right
in any third party, or to form the basis for any liability on the part of the parties to this
Agreement, or their officials, officers, employees, agents or representative, to any third
party.
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Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority
Page 4 of 5
10.4. If any provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remainder of the Agreement shall not be affected thereby and
shall continue in full force and effect if such remainder would then continue to serve the
purposes and objectives of the parties.
11. CONTRACTOR’S INDEMNIFICATION OF OTHER PARTY AND INSURANCE
11.1. The City shall require the contractor building the Project to indemnify, defend.
and save harmless the RFA and its officers, agents, or employees from any claim
damage, action, liability of proceeding brought or filed against the City or its officers,
agents or employees alleging damage or injury arising out of the contractor's
participation in the Project. The Contractor shall also be required to waive the
Contractor's immunity under Washington's Industrial Insurance Act, RCW Title 51, as to
the Other Party solely for the purposes of the indemnification.
12. RESOLUTION OF DISPUTES AND GOVERNING LAW
12.1. 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 arising from the parties' performance of this Agreement,
each party shall pay all its own legal costs and attorneys' fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided by
law; provided, however, nothing in this paragraph shall be construed to limit the parties'
right to indemnification under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the
date last written below.
RFA:
Kent Fire Department
Regional Fire Authority:
By:
Print Name: Jim Schneider
Its Fire Chief
DATE:
CITY:
City of Kent:
By:
Print Name: __Suzette Cooke____________
Its Mayor
DATE:
66
Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority
Page 5 of 5
NOTICES TO BE SENT TO:
Kent Fire Department
Regional Fire Authority
Larry Rabel
Strategic Planning
(253) 856-4446 (telephone)
(253) 856-6470 (facsimile)
NOTICES TO BE SENT TO:
City of Kent
Timothy J. LaPorte, P.E.
Director of Public Works
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
________________________________
Brian Snure,
Attorney for RFA
APPROVED AS TO FORM:
_________________________________
Tom Brubaker
City Attorney
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68
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E. Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: January 22, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: February 1, 2016
From: Kelly Peterson, AICP, Special Projects / Transportation Manager
William Thomas, Street Superintendent
Through: Chad Bieren, P.E., City Engineer
Item 9: Information Only/ADA Compliance – Title II Requirements
Summary: According to the US Census Bureau, nearly 10% of the population has a severe
disability, and this figure is expected to increase with the anticipated rise in the median
age. Title II of the Americans with Disabilities Act applies to all public entities including
local governments.
All departments in Kent are impacted by ADA requirements. Title II requires Kent to: 1)
designate a coordinator; 2) Adopt and distribute public notice; 3) Develop and publish
grievance procedures; and 4) Develop and implement an ADA transition plan.
For Public Works related issues, all new and altered facilities must comply with the ADA
including, but not limited to, curbs, sidewalks, pedestrian crossings, pedestrian signals,
shared use trails and parking lots. Under Title II, resurfacing is an alteration if it is
considered structural and then requires public entities to make facilities accessible. The
Federal Highway Administration does not define structural vs. maintenance resurfacing.
Several lawsuits have occurred around with the country, which has resulted in over 150
settlement agreements. A lawsuit against the city of Sacramento, CA, requires the city to
dedicate 20% of the transportation budget over the next 30 years be dedicated to sidewalk
work to improve ADA access issues.
Compiling with Title II of the ADA and addressing issues as they arise is important to
providing access to all citizens in the community. Kent must be proactive, develop a
transition plan, involve the community, dedicate funds to addressing ADA issues and
provide ADA training to all employees.
Exhibit: None
Budget Impact: N/A
INFORMATION ONLY/NO MOTION REQUIRED
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70
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: January 25, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: February 1, 2016
From: Chad Bieren, P.E., City Engineer
Item 10: Information Only/Quiet Zone Update
Summary:
Staff will provide and update to the Committee on what progress has been made to
date on the Quiet Zone.
Exhibit:
None
Budget Impact:
N/A
INFORMATION ONLY/NO MOTION REQUIRED
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72
PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
Fax: 253-856-6500
Address: 400 West Gowe Street
Kent, WA 98032-5895
Date: January 25, 2016
To: Chair Dennis Higgins and Public Works Committee Members
PW Committee Meeting Date: February 1, 2016
From: Paul Scott, Accounting Manager
Through: Chad Bieren, P.E., City Engineer
Item 11: Information Only/Water and Sewer Rates, Overview and
Discussion
Summary:
Staff will review with Committee members an outline of the Sewer and Water funds.
The outline of the Sewer and Water funds will also be presented at the February 16,
Council Workshop.
Exhibit:
None
Budget Impact:
None at this time.
INFORMATION ONLY/NO MOTION REQUIRED
73