HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 01/03/2022 (2) Public Works Committee
• Monday, January 3, 2022
KEN T 4:00 PM
WASHINGTON
Chambers
Masks are required regardless of vaccination status.
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 833 1854 6221
Chair Brenda Fincher
Councilmember Satwinder Kaur Councilmember Marli Larimer
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Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Agenda Approval Chair 01 MIN.
4. Approval of Minutes YES Chair 01 MIN.
1. Approval of December 6, YES Chair 05 MIN.
2021 Minutes
5. Business
1. Downey Farmstead Side YES Melissa Dahl 10 MIN.
Channel Restoration
Washington Department of
Ecology Shorelands
Floodplains by Design Grant
Agreement - Authorize
2. Parking Ordinance for Green YES Rob Brown 10 MIN.
River Road - Adopt
6. Adjournment Chair 01 MIN.
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South,
Kent, WA 98032.
For additional information please contact Nancy Yoshitake at 253-856-5508, or email
NYoshitakeCa)kentwa.gov, or Cheryl Viseth at 253-856-5504, or email Cviseth@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
4.1
Pending Approval
Public Works Committee
KENT CC PW Regular Meeting
WA9H... Minutes
December 6, 2021
Date: December 6, 2021
Time: 4:00 p.m.
Place: Chambers
Attending: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
1. Call to Order 4:00 p.m. o
Council Chair Fincher called the meeting to order. c
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2. Roll Call a
Attendee Name Title Status Arrived a
Brenda Fincher Committee Chair Present o
Satwinder Kaur Councilmember Present
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Marli Larimer Councilmember Present o
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3. Agenda Approval t°
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There were no changes to the agenda. o
4. Approval of Minutes
1. Approve the minutes of the November 15, 2021 meeting
I move to approve the minutes of the November 15, 2021 Public Works
Committee meeting.
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RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Marli Larimer, Councilmember Q
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
5. Business
1. Addendum to Interlocal Agreement for the Watershed Basins within
Water Resource Inventory Area 8
Environmental Engineering Manager, Mike Mactutis gave a brief history of
what the differences are between WRIA 8, which includes the Lake
Washington Watershed, as well as nearshore areas in Seattle and WRIA9, the
Green Duwamish River. Mactutis went on to explain that the Cedar River
watershed is a tributary of Lake Washington and Rock Creek is a tributary of
the Cedar River. The City of Kent's Clark Springs municipal water supply is in
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Public Works Committee CC PW Regular Meeting December 6, 2021
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the Rock Creek watershed and is the City's main water supply; hence, our
involvement with WRIA 8.
In 1999, the federal government listed Puget Sound Chinook salmon as
threatened under the Endangered Species Act (ESA). In 2001, concerned
about the need to protect and restore habitat for salmon, King County and 27
cities, including Kent, signed an interlocal agreement (ILA) to jointly create a
salmon habitat plan for WRIA 8 and this ILA was renewed in 2006. In 2015,
the ILA was renewed for a ten-year term. Puget Sound Steelhead were also
listed as threatened under the ESA in 2007.
The City of Everett is requesting to be admitted into the WRIA 8 partnership,
this requires approval from the other participating jurisdictions within the —
WRIA 8. This is the reason for the addendum.
MOTION: I move to authorize the Mayor to sign the Addendum to a
Interlocal Agreement for the Watershed Basins within Water �-
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Resource Inventory Area 8, subject to final terms and conditions
acceptable to the Public Works Director and City Attorney. a
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/14/2021 v
7:00 PM CIA
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MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer p
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2. 2957 : TIB Urban Arterial Program Grant for Reith Road - Authorize Cn
Deputy Public Works Director, Kelly Peterson noted that this is the first of c
three Transportation Improvement Board (TIB) grants that he will present at
today's meeting.
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The TIB has funds available through the Urban Arterial Program (UAP). The
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UAP supports projects that score well in Safety, Growth and Development, Q
Physical Condition, or Mobility.
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In August 2021, the City applied to TIB for design and construction funds
through the UAP for improvements on Reith Road between S 253rd St and
SR516. The project will add compact roundabouts, enhanced pedestrian
crossing facilities, median curb, and separated bike lanes (between Lake
Fenwick Road and S 253rd St). The improvements will support adjacent
neighborhoods, high density apartments and transit users with pedestrian
crossing facilities, lighting, and separated bicycle lanes.
The project is estimated to cost $2,492,795 including a local match of 36%
($897,795) with design work to begin in January 2023. Staff proposes the
required matching funds be paid from B&O funds.
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Public Works Committee CC PW Regular Meeting December 6, 2021
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MOTION: I move to authorize the Mayor to accept grant funds from
the Transportation Improvement Board for the Urban Arterial
Program Reith Road, in the amount of $1,595,000, amend the
budget, authorize the expenditure of the grant funds accordingly,
authorize the expenditure of up to $897,795 in local matching funds
from the B&O fund, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/14/2021
7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember —
AYES: Fincher, Kaur, Larimer @
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3. Transportation Improvement Board Urban Sidewalk Program Grant a
for Russell Road - Authorize a
In August 2021, the City applied to TIB for design and construction funds a
through the Urban Sidewalk Program (USP) for pedestrian improvements on o
Russell Road at Hogan Park. The project will extend the sidewalk along the
frontage of Hogan Park. N
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Peterson noted the project is estimated to cost $628,380 including a local
match of 26% ($163,380), with design work to begin in spring 2022. Staff o
proposes the required matching funds be paid from B&O funds. —
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MOTION: I move to authorize the Mayor to accept grant funds from
the Transportation Improvement Board for the Urban Sidewalk c
Program at Hogan Park, in the amount of $465,000, amend the
budget, authorize the expenditure of the grant funds accordingly,
authorize the expenditure of up to $163,380 in local matching funds c
from the B&O fund, and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the Q
City Attorney and Public Works Director.
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RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/14/2021
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
4. Transportation Improvement Board Urban Sidewalk Program Grant
for S 240th Street - Authorize
Peterson noted that in August 2021, the City applied to TIB for design and
construction funds through the Urban Sidewalk Program for pedestrian
improvements on S 240th Street between Russell Road and Lakeside
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Public Works Committee CC PW Regular Meeting December 6, 2021
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Boulevard East. The project will complete the gap in the sidewalk system
along the south side of road connecting the Green River Trail to multiple
neighborhoods, apartments, and transit services.
Peterson stated that the project is estimated to cost $422,040 with a local
match of 26% with design work to begin in spring 2022. Staff proposes the
required matchings funds be paid from B&O funds.
MOTION: I move to authorize the Mayor to accept grant funds from
the Transportation Improvement Board for the Urban Sidewalk
Program on S 240t" Street between Russell Road and Lakeside a
Boulevard East, in the amount of $312,000, amend the budget,
authorize the expenditure of the grant funds accordingly, authorize
the expenditure of up to $110,040 in local matching funds from the c
B&O fund, and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney a
and Public Works Director. �-
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ER SULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/14/2021 a
7:00 PM Co
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MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember c
AYES: Fincher, Kaur, Larimer
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5. Agreement with Totem Logistics for On-Call Garbage Cleanup o
Services on City-Owned Property - Authorize —
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Conservation Coordinator, Tony Donati noted that illegal dumping on city-
owned properties and in rights of way has become an increasing problem for c
staff and the community. When dumping occurs on a job site, or city
property staff removes it. However, City solid waste removal crews are not
always able to keep up with the demand due to the increasing amount of c
dumping.
In September, staff advertised a Request for Proposals for an on-call garbage y
cleanup contractor. Staff recommends Totem Logistics to perform these
duties.
MOTION: I move to authorize the Mayor to sign the goods and
services agreement with Totem Logistics, in the amount of $115,000,
for the cleanup and removal of encampments/dumping on city-
owned properties and right of ways subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
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Public Works Committee CC PW Regular Meeting December 6, 2021
Minutes Kent, Washington
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/14/2021
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
6. INFO ONLY Solid Waste Rate Adjustment
Conservation Coordinator, Tony Donati In Kent, noted that the solid waste
contract has two components: the disposal component and the collection N
component. The contract with Republic Services influences the collection 2
component. The disposal component is strictly based on disposal fees set by E
King County. The King County Solid Waste Division has confirmed a rate 4-
increase on disposal fees that will take effect on January 1, 2022. The new °
fee will change from $140.82 to $154.02 per ton. The rate increase is passed c
on to customers as pursuant to the City's contract with Republic Services. a
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Single-family customers will see the following rate change per month:
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Service Level Current January 1, 2022 0
13-gallon $ 6.00 $ 6.16
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20-gallon $12.00 $12.30 N
32-gallon $19.96 $20.45
45-gallon $28.89 $29.58
64-gallon $43.73 $44.70
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96-gallon $65.57 $67.02
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Revenue from the disposal component 2022 rate will allow King County to c
continue to provide essential services for use of the landfill including capital
projects and waste reduction programs.
7. INFO ONLY Upcoming Fencing Improvements a
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Public Works Director, Chad Bieren noted that staff are working on fencing in Q
the south end of downtown and near the Public Works Operations building
(Russell Road Maintenance Facility). Bieren noted that improvements are 2
expected to be made over the next several months at the following locations:
The west side of Railroad Ave South & the east side of 15t Ave South, both
south of Willis Street. This fencing project is the next phase of fencing
improvements for the railroad Quiet Zone along the Burlington Northern
Railroad.
Russell Road Maintenance Facility/Hogan Park. The Russell Road
Maintenance Facility site is not large enough to accommodate parking of City
vehicles/equipment and staff personal vehicles. Staff use portions of the
parking lots within Hogan Park for parking their personal vehicles during the
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Public Works Committee CC PW Regular Meeting December 6, 2021
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workday. This parking arrangement' has worked for over three decades as
the Monday-Friday business hours of staff are opposite to the peak usage
hours of park patrons. Regrettably, staff personal vehicles have become a
frequent target for vandalism and theft during the workday. Therefore,
Public Works and Parks Staff are working together to add fencing at this
location for additional day-time security. The fenced area will remain open
outside of business hours and available to park patrons.
Alleys near the intersection of Willis Street and Central Ave are areas of
increased crime in recent years. Business owners have asked to fence off
alleys to restrict access. Cost and maintenance of the fencing would be the ;
responsibility of adjacent property owners. The City would continue to have
access when needed to maintain its infrastructure. —
Expenses related to the Quiet Zone improvements will be charged to the 0
project, which has adequate funding. Expenses for the Russell Road a
Maintenance Facility/Hogan Park will be split between the Capital Resources a
Fund, the Water Utility, the Sewer Utility, and Sanitary Sewer Utility. Bieren
noted that the Russell Road fence will move forward to the Operations o
Committee for consideration.
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6. Adjournment 4:34 p.m. o
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The meeting was adjourned by Council Chair Fincher.
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7. Action Items o
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Che,rybvi , Cn
Committee Secretary
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PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: January 3, 2022
TO: Public Works Committee
SUBJECT: Downey Farmstead Side Channel Restoration Washington
Department of Ecology Shorelands Floodplains by Design
Grant Agreement - Authorize
MOTION: I move to authorize the Mayor to sign a Shorelands Floodplains
by Design grant agreement with the Washington State Department of
Ecology in the amount of $3,226,880.00 for the Downey Side Channel
Restoration Project, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: The Downey Farmstead Side Channel Restoration Project (Project) will
construct a multi-stem, 2,000 linear foot, side channel to the Green River which will
provide rearing and refuge habitat for threatened Chinook and other salmon
species. The project will also provide approximately 130 acre-feet of floodplain
storage to reduce flood risk.
To date, roughly 152,000 cubic yards of material have been excavated for the side
channel, Frager Road has been relocated, six log habitat structures have been
placed, roughly 10,000 native plants have been planted, and the pedestrian/bicycle
trail has been constructed. The final phase of work is anticipated to begin in early
summer 2022, and will include the final connection to the Green River along with
plantings and habitat features.
The Floodplains by Design grant program is a state program focused on the
reestablishment of floodplains within major rivers.
The match for the grant is being provided by a combination of other grants and
plants from the city's native plant nursery and city staff time installation.
BUDGET IMPACT: None
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 8
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Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Shorelands Floodplains by Design Agreement(PDF)
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DEPARTMENT OF
ECOLOGY
State of Washington o
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Agreement No. SEAFBD-2123-KentPW-00021 a
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SHORELANDS FLOODPLAINS BY DESIGN AGREEMENT L
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BETWEEN
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THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY o
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CITY OF KENT c
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This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter v
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referred to as"ECOLOGY,"and City of Kent,hereinafter referred to as the"RECIPIENT,"to carry out with the provided
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funds activities described herein.
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GENERAL INFORMATION Ui
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Downey Farmstead Restoration Project
Project Title: Yo
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Total Cost: $5,042,000.00
Total Eligible Cost: $4,033,600.00
Ecology Share: $3,226,880.00
Recipient Share: $806,720.00 E
The Effective Date of this Agreement is: 07/01/2021 L
The Expiration Date of this Agreement is no later than: 06/30/2025 Q
Project Type: Floodplains by Design
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Project Short Description:
The City of Kent(RECIPIENT)will lead the Downey Farmstead Restoration project. This project will provide crucial
refuge and rearing habitat for the fisheries of the Green River,with a particular focus on Chinook Salmon. After
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construction,the three-stem braided side channel design will also reconnect previously inaccessible floodplain habitat,
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and provide significant flood reduction for the nearby agricultural district. 0
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Project Long Description: 0
The Downey Farmstead Restoration project includes the construction of a three-stem braided side channel habitat along Cn
the Green River(between River Miles 21.5 and 22.3). The Downey Farmstead is a city-owned property. This side
channel habitat project will reconnect historic floodplains that were previously cut-off, and restore riparian habitat on the E
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left bank of the Green River. Upon completion of this work there will be off-channel rearing and refuge habitat will be
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available to juvenile salmon for up to nine months out of the year,with around 150 of those days during the key window Q
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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for Chinook Salmon of January to June. In addition,bull trout,chum,coho, cutthroat,pink,winter steelhead,pacific 0
lamprey,and river lamprey will also benefit from the side channel habitat. Q
The RECIPIENT will reconnect the project area to its historic floodplain,returning it into an accessible floodplain d
habitat. The new floodplain will provide approximately 1,875 linear feet of side channel that was previously inaccessible, m
and will allow juvenile salmonids(most noticeably the regionally significant Chinook),to have rearing and refuge habitat. Q
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Additionally,the project's topographic area will be lowered,which will increase floodplain storage and provide flood M
risk reduction to the nearby King County Agricultural Production District,homes, and businesses. c
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This project will increase floodplain storage capacity by approximately 130-acre feet;reducing the 100-year flood event 0
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by six-inches. Creating new side channels that engage at different flow rates allows for an adaptive system that will
provide both salmon habitat and flood protection in the Green River Valley. m
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Overall Goal:
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The overall goal of this project is two fold: 1)create approximately 1,875 linear feet of side channel in the Green River �_
floodplain to provide 16 acres of vital salmon habitat; and 2)provide 130-acre feet of flood storage for the Green River CO
Valley. d
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Template Version 12/10/2020
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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RECIPIENT INFORMATION 0
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Organization Name: City of Kent
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Federal Tax ID: 91-6001254 m
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DUNS Number: 020253613
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Mailing Address: 220 Fourth Ave S M
Kent,WA 98032 c
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Physical Address: 220 Fourth Ave S 0
Kent,Washington 98032 rn
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Organization Email: pwengineering@kentwa.gov
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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Melissa Dahl C
Project Manager
Environmental Engineer Q
220 Fourth Ave S
Kent,Washington 98032
Email: mdahl@kentwa.gov Q
Phone: (253) 856-6511
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Billing Contact Corey Frame
Financial Analyst
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220 Fourth Ave S
Kent,Washington 98032 v
Email: cframe@kentwa.gov
Phone: (253) 856-5511 CO
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Dana L Ralph
Authorized Mayor 3
Signatory 0
220 Fourth Ave S
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Kent,Washington 98032 N
Email: dralph@kentwa.gov
Phone: (253) 856-5589
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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ECOLOGY INFORMATION 0
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Mailing Address: Department of Ecology
Shorelands d
PO BOX 47600 m
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Olympia,WA 98504-7600 Q
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Physical Address: Shorelands M
300 Desmond Drive SE c
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Lacey,WA 98503 M
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Contacts 0
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Lisa Nelson
Project
Manager M
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PO Box 330316 v
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Shoreline,Washington 98133-9716
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Email: LNEL461@ecy.wa.gov a
Phone: (425)466-8732
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Layne Slone 1-
Financial Financial Manager
Manager c
PO Box 47600
Olympia,Washington 98504-7600
Email: Inak461@ecy.wa.gov
Phone: (360) 867-8171
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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AUTHORIZING SIGNATURES Q
RECIPIENT agrees to furnish the necessary personnel,equipment,materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement. L
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RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions r-
of this Agreement, Scope of Work, attachments,and incorporated or referenced documents,as well as all applicable laws,
statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, c
and accepts all requirements contained within this Agreement. i
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This Agreement contains the entire understanding between the parties,and there are no other understandings or representations W
other than as set forth, or incorporated by reference,herein.
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No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by v
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authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and :a
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RECIPIENT may change their respective staff contacts without the concurrence of either party. 'a
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This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so E
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The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective c
organizations to this Agreement.
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Washington State m
City of Kent
Department of Ecology Q
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By: By:
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Joenne McGerr Date Dana L Ralph Date
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Shorelands Mayor 13
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Program Manager 0
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Template Approved to Form by
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Attorney General's Office to
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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SCOPE OF WORK
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Task Number: 1 Task Cost: $15,000.00
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Task Title: 1.Project Administration/Management
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Task Description:
A. The RECIPIENT will administer the project.Responsibilities will include,but not be limited to: maintenance of project
records; submittal of requests for reimbursement and corresponding backup documentation;progress reports and recipient c
closeout report(including photos); compliance with applicable procurement, contracting,and inter-local agreement
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requirements; application of,receipt of, and compliance with all required permits,licenses, easements,or property rights y
necessary for the project; and submittal of required performance items.
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B. The RECIPIENT must manage the project. Efforts will include: conducting,coordinating, and scheduling project activities z
and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designee; V
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the ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT :a
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must carry out this project in accordance with any completion dates outlined in this agreement. Budget deviations are allowed a
between budget objects, e.g., the RECIPIENT may spend less money on one task and more on another,but under no N
circumstances may the RECIPIENT exceed the total project cost. The approval of the ECOLOGY Project Manager is E
required for this deviation. Ui
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Task Goal Statement: c
Properly managed project that meets agreement and ECOLOGY's administrative requirements.
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Task Expected Outcome:
*Timely and complete submittal of requests for reimbursement,quarterly progress reports and recipient closeout report. m
*Properly maintained project documentation. E
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Recipient Task Coordinator: Melissa Dahl aM
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1.Project Administration/Management p
Deliverables
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Number Description Due Date
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1.1 Payment Requests/Progress Reports(PRPR) 00
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1.2 Recipient Close Out Report(RCOR) 06/30/2025
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1.3 Project Outcome Summary Report 06/30/2025 0
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Template Version 12/10/2020
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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SCOPE OF WORK
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Task Number: 2 Task Cost: $0.00
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Task Title: 2.Design and Permitting
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Task Description:
The RECIPIENT will obtain the required permits, and complete the full design for the project.
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A. The RECIPIENT will obtain local, state, federal,or other environmental permits. The RECIPIENT will upload copies of
permits in EAGL. y
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B. The RECIPIENT will comply with the Cultural Resources Review requirements of the Governor's Executive Order 21-02,
and submit cultural resources review documents. The RECIPIENT will submit a copy of the Inadvertent Discovery Plan(IDP) z
to the ECOLOGY Project Manager,and will notify all contractors on site about IDP protocol. The RECIPIENT will notify the V
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ECOLOGY Project Manager if there is an archaeological finding on site during project implementation. :a
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C. The RECIPIENT will complete a final design, signed and sealed by a Washington State-licensed engineer and submit it to N
ECOLOGY. E
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Task Goal Statement: c
Ensure the final design,permitting,and compliance requirements of the project are complete before project construction begins. c
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Task Expected Outcome: ti
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Copy of completed final design,required permits,required cultural resources documents, and other related documents.
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Recipient Task Coordinator: Melissa Dahl
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2.Design and Permitting
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Deliverables rn
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Number Description Due Date
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2.1 Environmental Compliance. Local, state,and federal environmental permits;
and list of the permits obtained.Upload in EAGL and notify ECOLOGY 13
Project Manager. 00
2.2 Cultural Resources Review Documents.Due to confidentiality,do not upload -tea
to EAGL.Email surveys to ECOLOGY Project Manager. M
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2.3 Inadvertent Discovery Plan(IDP). Upload copy in EAGL and notify o
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ECOLOGY Project Manager.
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2.4 Final design, signed and sealed by Washington State-licensed engineer. E
Upload copy in EAGL and notify ECOLOGY Project Manager.
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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SCOPE OF WORK
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Task Number: 3 Task Cost: $3,740,200.00
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Task Title: 3. Excavate Channel and Install Habitat Structures P
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Task Description:
The RECIPIENT has already excavated approx. 150,000 cubic yards(CY)of material from the project site. The
RECIPIENT needs to excavate approx. 60,000 CY of material from the project site,including the fine grading of the c
three-stem braided side channels within the project area.
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The RECIPIENT will also install approx.44 habitat structures(of varying types)comprised of approx. 423 individual pieces of M
woody debris. These structures(which include three large engineered logjams at the request of the Muckleshoot Indian Tribe) c
will provide complex salmon habitat within the new side channel. Previously salvaged trees from the former tree farm on the site z
will comprise many of the habitat structures to save on cost and reduce haul costs and impacts. v
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The RECIPIENT will also ensure the project design team is available throughout the duration of the project to help answer a
questions; ensure plans and specifications are followed; ensure permit conditions are followed;review and recommend
approval or rejection of material submittals; complete construction inspection reports; coordinate meetings;recording E
construction inspections;review invoices;review and facilitate change order requests and field directives and responses to RFIs Li
(requests for information) from the contractor;and manage all the required documents to meet state and local contracting
requirements, including the Washington State Dept. of Labor and Industries'requirements. c
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A. The RECIPIENT staff will provide ongoing support during the preparation, construction,inspection, and close out of active ti
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construction at the project site.
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B. The RECIPIENT will submit updated project schedules and include them with each quarterly Progress Report/Payment m
Request(PRPR).
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C. The RECIPIENT will complete the following channel excavation and hauling sub-tasks: aM
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1. Install erosion and sediment control best management practices for the channel excavation and hauling, including river
isolation system.
2. Clear vegetation from top and face of riverbank. Stockpile trees for re-use.
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3. Set survey stakes for removal area. 0
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4. Excavate and grade site to match the final design. U_
5. Excavate earthen plug to the design standards.
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6. Seed with non-competitive erosion control mix and remove construction stormwater best management practices. 0
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D. The RECIPIENT will be responsible for completing the following habitat structure installation sub-tasks: Cn
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1. Install erosion and sediment control BMP's for the habitat structure installation, and clear vegetation within work area. z
Stockpile trees for re-use.
2. Set survey stakes for habitat structures. Q
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State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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3. Drive piles/dig holes for engineered log structures. 0
4. Excavate a trench around the piles for the buried log structures. Q
5. Backfill habitat structures per the designed elevations with excavated soils and cap with topsoil for planting.
6. Seed with non-competitive erosion control mix. d
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E. The RECIPIENT will submit as-built drawings to ECOLOGY. Q
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F. The RECIPIENT will submit annotated,before and after construction photos to ECOLOGY. `L°
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Task Goal Statement:
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As designed in the plans and specifications,the project will be constructed, and the remaining excavation will be completed 0
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efficiently with minimal impact to the Green River. Construction will be monitored by the RECIPIENT'S construction and d
survey staff to ensure work is done accurately, in accordance with City standards and permitting requirements. m
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The large woody structures will be anchored and installed along the project's three-stem braided side channels,including v
engineered logjams at the mouth of each channel inlet.
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Task Expected Outcome: d
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Channel excavation will result in a side-channel network that is accessible to salmon for up to nine months out of the year, rn
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including around 150 days during the key juvenile Chinook salmonid outmigration period(January-June). Excavation and ti
off-site disposal will also provide 130-acre feet of new flood storage and resultant water level drops during large flood events.
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Large woody features will provide additional complex habitat for salmon once the features are installed.
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Recipient Task Coordinator: Melissa Dahl
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3.Excavate Channel and Install Habitat Structures m
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Deliverables Q
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Number Description Due Date
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3.1 Project schedule,including project milestones.Update and include with each
quarterly Progress Report/Payment Request for ECOLOGY Project Manager c
review. 0.
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3.2 As-built drawings.Upload copy in EAGL and notify ECOLOGY Project 0
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Manager. rn
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3.3 Annotated before and after photos of the construction phase. Upload in EAGL 0
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and notify ECOLOGY Project Manager. `o
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State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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SCOPE OF WORK
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Task Number: 4 Task Cost: $278,400.00
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Task Title: 4. Habitat Planting and Maintenance
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Task Description:
The RECIPIENT will plant native shrubs,trees,and ground cover plants following the installation of woody habitat structures. a
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A large portion of these native plants will be propagated and grown specifically for this project at the RECIPIENT's native
plant nursery,the Green River Nursery. This will save labor and material costs, and ensure quality control of plants over their y
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lifetime.
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The RECIPIENT's crews will also be in charge of maintenance of the site.The RECIPIENT will follow the Monitoring, z
Maintenance and Adaptive Management Plan for the plantings on site for 10 years,including replacing dead or dying plants. V
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After 10 years,the RECIPIENT will maintain the site, in perpetuity. a
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The RECIPIENT will:
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A. Submit a planting list,including the quantities and species of plants, to ECOLOGY by uploading in EAGL. Ui
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B. Submit the Monitoring,Maintenance and Adaptive Management Plan. This plan describes the parameters,performance c
standards and adaptive management for the Downey Farmstead Restoration over a ten year period after initial plan installation.
The RECIPIENT will upload this in EAGL. ti
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C. Submit annotated,before and after photos of the plantings. Upload in EAGL and notify ECOLOGY Project Manager. m
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Task Goal Statement:
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Approximately 40,940 native trees, shrubs,ground-cover and live stake plants will be installed in the 18-acre project footprint, Q
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with a particular focus on the south bank. aM
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Task Expected Outcome:
The RECIPIENT will follow the Monitoring,Maintenance and Adaptive Management Plan for the plantings on site,in
perpetuity. The native plants will provide complex habitat for the salmonids, fish, and other species that will utilize the project
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area,as well as much needed shade to the Southern bank of this reach of the Green River. 0
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State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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Recipient Task Coordinator: Melissa Dahl 0
4.Habitat Planting and Maintenance '
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Deliverables
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Number Description Due Date m
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4.1 �
Species and quantity list for all plantings. Upload in EAGL and notify Q
ECOLOGY Project Manager.
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4.2 Annotated before and after photos of the planting phase. Upload in EAGL and c
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notify ECOLOGY Project Manager. W
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4.3 0
Monitoring,Maintenance and Adaptive Management Plan.Upload copy to y
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EAGL and notify ECOLOGY Project Manager.
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State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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BUDGET Q
Funding Distribution EG220438 a0i
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NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment Q
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget. M
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Funding Title: Floodplains by Design Funding Type: Grant
Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2025 L-
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Funding Source:
Title: State Building Construction Account(SBCA)
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Fund: v
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Type: State co
Funding Source%: 100% d
Description: State Building Construction Account(SBCA) rn
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Approved Indirect Costs Rate: Approved State Indirect Rate: 0%
Recipient Match%: 20%
InKind Interlocal Allowed: Yes N
InKind Other Allowed: Yes
Is this Funding Distribution used to match a federal grant? No
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Floodplains by Design Task Total Q
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1.Project Administration/Management $ 15,000.00 y
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2.Design and Permitting $ 0.00 y
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3. Excavate Channel and Install Habitat Structures $ 3,740,200.00 'a
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4.Habitat Planting and Maintenance $ 278,400.00
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Total: $ 4,033,600.00
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State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
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Funding Distribution Summary s
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Recipient/Ecology Share
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Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
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Floodplains by Design 20.00 % $ 806,720.00 $ 3,226,880.00 $ 4,033,600.( Q
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Total $ 806,720.00 $ 3,226,880.00 $ 4,033,600.(
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AGREEMENT SPECIFIC TERMS AND CONDITIONS
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If the RECIPIENT match requirements are not met,the RECIPIENT will reimburse ECOLOGY a proportionate share of the W
grant funds.
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SPECIAL TERMS AND CONDITIONS v
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Floodplains by Design and Flood Control Assistance Account Program - Special Terms and Conditions a
1. Local Decision: This grant is made in response to a request for financial assistance from the RECIPIENT to undertake flood N
damage prevention projects. The choice of floodplain management activities addressed by this grant is a local decision made E
solely by the RECIPIENT. The RECIPIENT is not acting as an agent of the State of Washington. ti
2. Lawsuits: Ecology shall not be responsible for any non-contractual damage or inverse condemnation claims resulting from =
the structures or works constructed,repaired,restored,maintained,or improved pursuant to this grant. c
3. Indemnification,Hold Harmless and Duty to Defend
a. Ecology shall in no way be held responsible for payment of salaries, consultant's fees,and other costs related to the project 1-
described herein,except as provided in the scope of work.
b. This paragraph applies to negligence based claims only.All other claims are governed by paragraph 4 of this section(item m
3.d). To the extent the constitution and laws of the State of Washington permit,RECIPIENT shall indemnify,defend and hold m
harmless the State,its agencies, officers and employees, from all claims, suits or actions brought for any or all injuries to
persons or property arising from,or as a consequence of,negligent acts or omissions related to the construction,restoration, Q
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repair,maintenance,improvement or operation of the structures or works for which this grant is provided. If the structures or aM
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works for which this grant is received are a portion of an integrated flood protection system, RECIPIENT agrees to indemnify, C
defend and hold harmless the State of Washington,its agencies,employees, and officers against any and all liability arising out
of the operation,maintenance,or repair of that integrated flood protection system;PROVIDED,however,that this provision is
not intended to and shall not be construed as a waiver by RECIPIENT of any immunities conferred upon the RECIPIENT by a
RCW 86.12.037 nor is it intended to,and it shall not be construed to,confer any rights upon third parties. 0
0
c. The RECIPIENT will not be required to indemnify,defend, or save harmless the State,its agencies, officers or employees U_
as provided in the preceding paragraph of this section if the claim, suit,or action for injuries, death,or damages is caused by
c
the sole negligence of the State. Where such claims, suits, or actions result from the concurrent negligence of(a)the State,or
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the State's agents or employees and(b)the RECIPIENT or the RECIPIENT's agents or employees,the indemnity provisions `o
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provided in the preceding paragraphs of this section shall be valid and enforceable only to the extent of the RECIPIENT's Cn
negligence or the negligence of its agents and employees.
d. To the extent that the constitution and laws of the State of Washington permit,RECIPIENT shall indemnify and hold z
harmless the State of Washington,its agencies,employees, and officers against any and all liability arising out of the continued
operation,maintenance,or repair of the structures or works constructed,restored,repaired,maintained or improved as a Q
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State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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result of this grant. If the structures or works for which this grant is received are portions of an integrated flood protection 0
system,RECIPIENT agrees to indemnify,defend and hold harmless the State of Washington,its agencies,employees,and Q
officers against any and all liability arising out of the operation,maintenance, or repair of that integrated flood protection
system;PROVIDED,however,that the indemnity provisions of this paragraph are not intended to and shall not be construed a)
as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor are they intended to, and m
they shall not be construed to,confer any rights upon third parties. This agreement applies to all non-negligent, Q
non-contractually based claims including,but not limited to,inverse condemnation,contribution,indemnification,trespass
and/or nuisance. `L°
4.Any development activity funded by this grant which occurs in the Federal Emergency Management Agency c
0
(FEMA)-mapped regulatory floodplain, also known as the Special Flood Hazard Area(SFHA),may trigger the need for a
L
floodplain development permit from the local agency with floodplain management jurisdiction. "Development" is defined at 44 $
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CFR 59.1 as " ... any man-made change to improved or unimproved real estate, including but not limited to buildings or other
structures,mining,dredging, filling,grading,paving,excavation or drilling operations or storage of equipment or materials." m
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Further, any activity funded by this grant may change the base flood elevations from physical changes affecting the floodplain. a
0
Communities are required by 44 CFR 65.3 to submit new data to FEMA in the event their actions affect the base flood v
elevation and the regulatory map(the SFHA).
5. ECOLOGY waives property acquisition report appraisal requirements for properties valued at $25,000 or less. When the co
estimated property value does not exceed$25,000, and the acquisition is not complex, the RECIPIENT may be exempt from d
meeting appraisal and review appraisal standards. Such exemptions must be requested in writing and approved by the rn
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ECOLOGY Project Manager before the closing on the property. The RECIPIENT must follow the appraisal waiver standards ti
in 44 C.F.R. § 24.102.
6. Some RECIPIENTS are required to provide grant match. Match is made up of three different types of contributions: cash 3
expenditures, in kind other, and in kind interlocal. Cash match expenditures are eligible costs paid by the RECIPIENT and are C
not reimbursed by ECOLOGY. In kind contributions are property or services that benefit a project and are contributed to the ti
RECIPIENT by a third party without direct monetary compensation. In kind other is a type of contribution where the third N
party making the contribution is not a government entity. In kind interlocal is a type of contribution where both the grant
c
RECIPIENT and the third party making the contribution are both government entities and have a signed Inter-local agreement
E
between them.
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7.RECIPIENTS are required to submit a copy of the original invoice in the Payment Request backup documention if an Q
invoice number is referenced on a primary or subcontractor invoice.
8. To be eligible for reimbursement,RECIPIENTS must provide documentation of how an expenditure is directly related to the
Ecology will not reimburse an expenditure that is already included in the indirect rate. At Ecology's sole discretion
project. gY Y p Y � gY >,
ECOLOGY may approve reimbursement for the percentage of an expenditure that is directly related to the project. y
FLOODPLAINS BY DESIGN FUNDING PROGRAM AND FCAAP GRANTS SPECIAL TERMS AND M
CONDITIONS LAST UPDATED MAY 2021. 13
0
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GENERAL FEDERAL CONDITIONS U_
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If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is E
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used to match a federal grant award,the following terms and conditions apply to you. L0
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A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION: E
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1. The RECIPIENT/CONTRACTOR,by signing this agreement, certifies that it is not suspended, debarred,proposed for
r
debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving Q
Template Version 12/10/2020
Packet Pg. 24
State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements 0
contained in the certification,they must provide an explanation as to why they cannot. Q
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by d
reason of changed circumstances.
3. The terms covered transaction,debarred, suspended, ineligible,lower tier covered transaction,participant,person, Q
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact M
ECOLOGY for assistance in obtaining a copy of those regulations. c
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4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
L
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, 0
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declared ineligible,or voluntarily excluded from participation in this covered transaction. d
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled m
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"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered v
transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered co
transaction complies with certification of suspension and debarment requirements. d
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including ti
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or 3
contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for p
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance. N
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B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS: i
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the Q
signed agreement to ECOLOGY.
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Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form. y
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Receives more than$25,000 in federal funds under this award. 'a
Receives more than 80 percent of its annual gross revenues from federal funds. 0
Receives more than$25,000,000 in annual federal funds. w
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Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is L
0
required to report the FFATA information for federally funded agreements, including the required DUNS number,at
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www.fsrs. og v<http://www.fsrs.gov/>within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov<hit2://www.usaspending.laov/>.
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For more details on FFATA requirements, see www.fsrs..o�ttp://www.fsrs.gov/>. Q
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State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE 0
SERVICES OR EQUIPMENT: Q
As required b 2 CFR 200.216 federal rant or loan recipients and subreci cents are prohibited from obligating or expending d
q Y g p P� p g g p g E
loan or grant funds to:
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1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or M
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use c
0
covered telecommunications equipment,video surveillance services or services as a substantial or essential component
L
of any system, or as critical technology as part of any system.As described in Public Law 115-232 0
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<https://www.govinfo.gov/content/pkia/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889,covered 0
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE m
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Corporation(or any subsidiary or affiliate of such entities).
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Recipients, subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment, systems,or
services,including equipment, systems,or services produced or provided by entities identified in section 889,are recorded in CO
the System for Award Management(SAM)<https://sam.gov/SAM/>exclusion list. M
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State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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GENERAL TERMS AND CONDITIONS
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Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
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GENERAL TERMS AND CONDITIONS L
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
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06/24/2021 Version
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V
1. ADMINISTRATIVE REQUIREMENTS o
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition."
0
(https:Hfortress.wa.gov/ecy/publications/SummaryPages/1701004.html) y
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b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all W
FD
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all s
subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request v
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proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services. N
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2. AMENDMENTS AND MODIFICATIONS 1L
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent =
modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized c
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
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3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188,
Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all
products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, Q
_
including and not limited to web sites/pages,web-based applications, software systems,video and audio content,and electronic R
documents intended for publishing on Ecology's public web site. p
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic
a
archaeological sites,historic buildings/structures,traditional cultural places, sacred sites,or other cultural resources,hereby 0
referred to as Cultural Resources. U.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, 13
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disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. 0
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RECIPIENT shall: `0
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a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: Cn
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed d
prior to expenditure of Agreement funds as required by applicable State and Federal requirements. z
*For state funded construction,demolition, or land acquisitions,comply with Governor Executive Order 21-02,Archaeological UM
and Cultural Resources. Q
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State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). 0
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing Q
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall: a=i
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site. Q
• Discuss the IDP with staff,volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site. M
c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project =
0
IDP.
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• Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic $
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Preservation at(360) 586-3065, any affected Tribe, and the local government. d
d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project m
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IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the v
Department of Archaeology and Historic Preservation at(360)790-1633, and then the ECOLOGY Program. �_
e) Comply with RCW 27.53,RCW 27.44, and RCW 68.50.645,and all other applicable local, state, and federal laws co
protecting Cultural Resources and human remains. d
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5. ASSIGNMENT ti
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
3
6. COMMUNICATION p
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all ti
affected local, state, or federal jurisdictions, and any interested individuals or groups. N
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7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. i
ECOLOGY must sign the Agreement before any payment requests can be submitted. Q
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
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d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. y
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting cS
documentation. ECOLOGY will provide instructions for submitting payment requests. 13
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. 0
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g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. 0
13
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website,https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor L
0
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov.
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h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
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i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has
M
been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as Q
appropriate,or upon completion of an audit as specified herein.
Template Version 12/10/2020
Packet Pg. 28
State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance,and 0
other reports required by this Agreement. Failure to comply may result in delayed reimbursement. Q
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations, and permits related to m
this Agreement, including but not limited to: Q
a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of
Washington which affect wages and job safety. M
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations, and policies against discrimination. c
0
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
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d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required 0
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by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes. m
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ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements. V
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to
conform to that statute or rule of law.
13
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9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or responsibility M
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect,nor m
affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds 3
thereof. p
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10. CONTRACTING FOR GOODS AND SERVICES N
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction,purchase of goods,equipment, services, and professional architectural and engineering services °'
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through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure L
legal,fair,and open competition.
Q
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law 00
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement w
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practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state M
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
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11. DISPUTES to
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When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for L
0
below:
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a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
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c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
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d) ECOLOGY reviews the RECIPIENT's appeal. Q
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review.
Template Version 12/10/2020
Packet Pg. 29
State of Washington Department of Ecology
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
d
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The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such 0
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly Q
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. d
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision m
will not be taken to Environmental and Land Use Hearings Office. tM
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered. L
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the c
0
dispute resolution procedure outlined above.
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12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental m
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measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
v
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise. co
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 d
(Ecology Publication No. 04-03-030).
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• Submit the QAPP to ECOLOGY for review and approval before the start of the work. ti
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm 3
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: p
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and N
processed. Guidelines for Creating and Accessing GIS Data are available at: c
https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when
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requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data i
collection files,map products,and all metadata and project documentation.
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13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be
in the Superior Court of Thurston County. y
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14. INDEMNIFICATION 13
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees, and other costs related to the project o°
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described herein, except as provided in the Scope of Work. rn
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To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other r-
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of L
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that party or that parry's agents or employees arising out of this Agreement.
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15. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
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employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other Q
party.
Template Version 12/10/2020
Packet Pg. 30
State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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0
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16. KICKBACKS Q
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission,or gift in return for award r
of a subcontract hereunder.
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17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) Q
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RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned(MBE)and women-owned
(WBE)businesses in purchases and contracts initiated under this Agreement. 0
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Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to
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take the following actions,when possible, in any procurement under this Agreement: 0
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a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services. m
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b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation a
by qualified minority and women's businesses. v
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and V
women's businesses.
13
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate.
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18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving =3
precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of G
Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g) N
General Terms and Conditions.
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19. PRESENTATION AND PROMOTIONAL MATERIALS m
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ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of Q
this Agreement:
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to
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production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. w
c If requested,RECIPIENT shall provide ECOLOGY two 2 final copies and an electronic co of an tangible products M
q � p ( ) P� copy Y g p 'ca
developed. 13
Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,videos,audio 0
U.
tapes,CDs,curriculum,posters,media announcements,or gadgets with a message, such as a refrigerator magnet,and any w
13
online communications, such as web pages,blogs, and twitter campaigns. If it is not practical to provide a copy,then the r_
M
RECIPIENT shall provide a description(photographs, drawings,printouts, etc.)that best represents the item. L
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Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
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requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact c
ECOLOGY for guidelines. a)
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RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
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20. PROGRESS REPORTING
Template Version 12/10/2020
Packet Pg. 31
State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to s
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document Q
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a a)
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through
September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the
quarter being reported. c
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e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved
L
by ECOLOGY, all financial,performance, and other reports required by the Agreement and funding program guidelines. 0
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RECIPIENT shall use the ECOLOGY provided closeout report format. d
21. PROPERTY RIGHTS m
c
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, V
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property, and to authorize others to
use the same for federal, state,or local government purposes. co
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; d
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data E
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in printed reports, signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. ti
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall 3
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. p
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants ti
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds N
furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,or upon specific
instructions with respect thereto in this Agreement. °'
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e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT i
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for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
Q
is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by
LM
the RECIPIENT for the fair market value of such property.
Acquisition Projects. The following provisions shall apply if the project covered b this Agreement includes funds for the
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acquisition of land or facilities: y
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1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement. 'a
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of 0
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funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts, and rn
attorney's opinions establishing that the land is free from any impediment, lien,or claim which would impair the uses intended bi
this Agreement. L
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g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,
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property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally c
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of a)
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that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this
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Agreement bear to the total acquisition,purchase,or construction costs of such property. Q
Template Version 12/10/2020
Packet Pg. 32
State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
d
N
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22. RECORDS,AUDITS,AND INSPECTIONS 0
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering Q
documentation and field inspection reports of all construction work accomplished.
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All records shall: d
a) Be kept in a manner which provides an audit trail for all expenditures. m
b) Be kept in a common file to facilitate audits and inspections. t
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder.
0
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the Z.
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records. 0
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ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. m
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Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. _
M
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY v
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,in m
order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. rn
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23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance 3
of this Agreement and completion of the work described in the Scope of Work. p
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. N
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY a)
demands repayment of funds. Q
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
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24. SEVERABILITY
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If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such cS
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to
this end the provisions of this Agreement are declared to be severable. _0
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25. STATE ENVIRONMENTAL POLICY ACT(SEPA) w
13
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to L
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this provision.
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26. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or any
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portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume Q
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020
Packet Pg. 33
State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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27. SUSTAINABLE PRACTICES Q
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement. d
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact m
meetings,and setting up recycling and composting programs. Q
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced
packaging, office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper, and toxic free c
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products.
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For more suggestions visit ECOLOGY's web page, Green Purchasing, 0
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https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
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28. TERMINATION
a) For Cause v
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of co
any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs d
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
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Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work M
on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work. 3
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the p
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ti
ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, N
terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. c
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY E
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold i
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is Q
determined.
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b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of y
ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted below. If this M
Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the 'a
terms of this Agreement prior to the effective date of termination. o°
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Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding rn
from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in L
0
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
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suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide E
notice.
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In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the Q
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
Template Version 12/10/2020
Packet Pg. 34
State of Washington Department of Ecology 5.1.a
Agreement No: SEAFBD-2123-KentPW-00021
Project Title: Downey Farmstead Restoration Project
Recipient Name: City of Kent
N
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event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. 0
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay Q
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of d
funds by the RECIPIENT's governing body.
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c) By Mutual Agreement Q
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ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part, at any time,by mutual written agreement.
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d) In Event of Termination
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All finished or unfinished documents, data studies, surveys,drawings,maps,models,photographs,reports or other materials 0
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such m
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documents and other materials.
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Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in v
accordance with Recovery of Funds,identified herein. -0a
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29. THIRD PARTY BENEFICIARY d
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RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of rn
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Washington is named as an express third party beneficiary of such subcontracts with full rights as such. ti
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30. WAIVER 3
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will a
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY. N
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End of General Terms and Conditions
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5.2
PUBLIC WORKS COMMITTEE
Chad Bieren, P.E.
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5500
DATE: January 3, 2022
TO: Public Works Committee
SUBJECT: Parking Ordinance for Green River Road - Adopt
MOTION: I move to recommend Council adopt an ordinance amending
Chapter 9.38 of the Kent City Code to add locations on Green River Road to
the no parking zones and to prohibit overnight parking in other locations
on Green River Road.
SUMMARY: Green River Road, in the vicinity of the S 277t" St Don Wickstrom
Bridge, has experienced an increase in the number of vehicles parking on the street
for extended periods of time. In addition, this area has experienced an increase in
littering and dumping, impacting the river and its surrounding environs. Because
these illegal activities threaten public health, safety, and public property, this
ordinance is designated as a public emergency ordinance and if adopted, would be
effective immediately.
Currently, there are only parking restrictions at the 2771" St Corridor trail crossing
south of the bridge. This ordinance addresses the concerns with the extended
parking by adding no parking zones in some areas and prohibiting overnight
parking between 10 p.m. and 6 a.m. daily. King County has already imposed similar
parking restrictions within its jurisdiction in this area.
These parking restrictions will not affect any private property owners and parking
for trail use and river access will still be available.
We have also included changes to address several scrivener's errors.
BUDGET IMPACT: The estimated cost to procure and install signs as proposed on
Green River Road is estimated at $12,500 for approximately 21 parking signs.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 36
5.2
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. 5.131 Ordinance to Amend Parking (KCC 9.38) - Final (PDF)
2. 5.132 Green River Rd Parking Map (PDF)
Packet Pg. 37
5.2.a
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ORDINANCE NO.
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LPL
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending chapter 9.38 `o
of the Kent City Code entitled, "Parking" to (1) add �
locations on Green River Road to the no parking
zones set forth in 9.38.020; and to (2) add c
locations on Green River Road to 9.38.045 0
prohibiting overnight parking. 0,
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RECITALS a
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A. There has been an increase in vehicles parking for extended
periods of time and at all hours of the day on Green River Road in the
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vicinity of the South 227t" Street Don Wickstrom Bridge. This limits the '
availability of parking for use of the nearby Green River trail and poses o
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numerous public health and safety concerns.
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B. This area has experienced increased incidences of littering L
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and dumping and these unlawful activities threaten the health of the Green
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River and its surrounding environs. Allowing extended parking to continue E
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in this area poses a substantial risk to public health, public safety, public o
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property, and public peace.
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C. King County has recently imposed parking restrictions in this O
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area within its jurisdiction and the restrictions in this ordinance are similar L6
to those imposed by King County.
1 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 38
5.2.a
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE a
SECTION 1. - Amendment KCC 9.38.020. Section 9.38.020 of the
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Kent City Code, entitled "No parking zones" is hereby amended as follows:
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Sec. 9.38.020. No parking zones.
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A. At such time as the traffic engineer shall place the appropriate sign
or signs, it shall be illegal to park any motor vehicle or other vehicle, as o
those terms are defined in Chapter 46.04 RCW, at any time upon and on
Y
either side of, unless otherwise indicated, the following roadways or a
portions thereof:
1. 1st Avenue North: from the intersection of West James Street
to the north end of 1st Avenue North, east side only. c
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2. 1st Avenue North: from West James Street to West SmithCi
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Street, east side only.
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3. 2nd Avenue North: from West Smith Street to West Harrison
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Street.
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4. 2nd Avenue North: from South 228th Street to south end of
a
street.
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5. 4th Avenue North and South: from SR 516/West Willis Street E
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to South 228th Street. °
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6. 5th Avenue North: from West James Street to north end of
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5th Avenue North.
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7. 6th Avenue North: from South 228th Street to south end of m
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street.
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2 Amend KCC 9.38 - Q
Re: Parking
Packet Pg. 39
5.2.a
8. 6th Avenue South: from West Meeker Street to West Gowe
Street.
9. 26th Avenue South: both sides from South 272nd Street to 0
500 feet north of South 272nd Street and on 26th Avenue South from a
South 272nd Street to end of 26th Avenue South, east side only. c
10. 27th Avenue South: from South 240th Street to end of 27th
as
Avenue South.
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11. 27th Place South: from South 259th Place north to South a
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256th Street. L
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12. 28th Avenue South: from South 240th Street to end of 28th
Avenue South. c
13. 30th Avenue South: from South 240th Street to Kent-Des o
Moines Road (SR 516). Y
L
14. 36th Place South: from South 272nd Street to 35th Lane a.
South.
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15. 42nd Avenue South: from Reith Road to South 260th Street.
16. 43rd Avenue South: the cul-de-sac north of 42nd Place S. and U_
the attached spur road to the north. M
17. 54th Avenue South: from South 228th Street to South 226th a)
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Street. Y
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18. 58th Place South: from Russell Road to South 194th Street. E
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19. 58th Place South: from South 226th Street to south end of a.
58th Place South. a
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20. 62nd Avenue South: from South 190th Street to South 196th a
0
Street. 0
21. 64th Avenue South: from south end of road to South 212th
Street. o
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22. 66th Avenue South: from South 196th Street to South 190th m
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Street. c
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3 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 40
5.2.a
23. 72nd/70th Avenue South: from South 228th Street to South
180th Street (43rd Avenue South).
24. 72nd Avenue South: from South 262nd Street to South 277th o
Street. a
25. 74th Avenue South: from South 259th Street to West Willis c
Street (SR 516).
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26. 76th Avenue South: from South 228th Street to South 212th
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Street. a
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27. 77th Avenue South: from South 212th Street to north end of `o
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road.
28. 80th Avenue South: from South 180th Street (43rd Avenue c
South) to South 196th Street, and 80th Avenue South from South 200th o
Street to South 208th Street. Y
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29. 80th Place South: from 80th Avenue South to 84th Avenue a.
South.
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30. 81st Avenue South: from South 200th Street to South 196th
Street. -
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31. 83rd Avenue South: from South 228th Street to South 224th CO
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Street. °'
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32. 84th Avenue South/East Valley Highway/Central Avenue Y
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North/Central Avenue South: from South 180th Street (43rd Avenue E
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South) to the Green River Bridge. a.
33. 88th Avenue South: from East James Street to South 218th
E
Street. a
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34. 94th Avenue South: from Canyon Drive to South 240th
Street.
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35. 97th Place South: from Canyon Drive to 100th Avenue o
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Southeast. m
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36. 100th Avenue Southeast: from Southeast 248th Street to c
Southeast 218th Street.
4 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 41
5.2.a
37. 101st Avenue Southeast: from Southeast 256th Street (SR
516) to Southeast 260th Street.
38. 102nd Avenue Southeast: from Southeast 240th Street to the o
north end of 102nd Avenue Southeast. a
39. 104th Avenue Southeast (SR 515): from Southeast 272nd c
Street to north city limits.
40. 108th Avenue Southeast: from Southeast 281st Street to
c
Kent-Kangley Road (SR 516). a
41. 108th Avenue Southeast: from Southeast 244th Street to c
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Southeast 236th Place.
42. 109th Avenue Southeast: from Southeast 256th Street to c
Southeast 248th Street. o
43. 112th Avenue Southeast: from south end of 112th Avenue Y
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Southeast to Southeast 232nd Street. a.
44. 114th Avenue Southeast: from Kent-Kangley Road to south
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end of street.
45. 116th Avenue Southeast: from Southeast 227th Place to U-
Southeast 274th Way. M
46. 116th Avenue Southeast: from Southeast 248th Street to a)
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Southeast 256th Street, west side only. Y
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47. 117th Avenue Southeast: from Southeast 244th Street to end Y
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of street. a.
48. 118th Court Southeast: from Southeast 244th Street to end
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of street. a
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49. 119th Court Southeast: from Southeast 244th Street to end
of street.
50. 119th Way/120th Place Southeast: from Southeast 244th o
r
Street to Southeast 244th Street. m
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51. 120th Avenue Southeast: from the gate on Southeast 268th
as
Street to Southeast 270th Street, north and east sides only.
5 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 42
5.2.a
52. 124th Avenue Southeast: from Southeast 248th Street to
Southeast 282nd Street.
53. 128th Avenue Southeast: from Southeast 226th Place to 0
Southeast 227th Street, west side only. a
54. 128th Avenue Southeast/Southeast 227th Street: on the c
curve from 128th Avenue Southeast to Southeast 227th Street, northeast
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side only. W
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55. 128th Place Southeast: from Southeast 226th Place to a
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Southeast 227th Street, east side only.
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56. 129th Place Southeast: from 70 feet north of Southeast 225th
Court to Southeast 225th Court, west side only. c
57. 129th Place Southeast: from 120 feet south of Southeast o
225th Court to Southeast 226th Place, east side only. Y
L
58. 129th Place Southeast: from Southeast 226th Place to 185 a
feet north of end of road, west side only. a
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59. 132nd Avenue Southeast: from Southeast 236th Street to
Southeast 288th Street. U-
60. 132nd Place Southeast: from Southeast 227th Street to CO
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Southeast 227th Place, east side only. a)
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61. 133rd Place Southeast: from Southeast 226th Street to Y
Southeast 227th Street, west side only.
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62. 134th Place Southeast: from Southeast 224th Place to a
Southeast 225th Place, east side only.
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63. 134th Place Southeast: from Southeast 227th Street to a
0
Southeast 227th Place, east side only.
64. 135th Avenue Southeast: from Southeast 252nd Street to
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Southeast 253rd Place, west side only. o
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65. 140th Avenue Southeast: from Southeast 256th Street to 0°
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Southeast 260th Street. c
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6 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 43
5.2.a
66. 144th Avenue Southeast: from Kent-Kangley Road (SR 516)
to Southeast 288th Street.
67. 148th Avenue Southeast: from Southeast 256th Street to 0
Southeast 240th Street. a
68. 148th Avenue Southeast/152nd Way Southeast: from north c
city boat ramp to Kent-Kangley Road (SR 516).
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69. 152nd Avenue Southeast/152nd Way Southeast: from Kent- W
c
Kangley Road (SR 516) to SR 18.
70. Alder Lane/South 262nd Street: from Central Avenue South `o
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to 500 feet east of Central Avenue South.
71. Cambridge Way: 200 feet south of South 262nd Street, west c
side only. o
72. East Canyon Drive: from Hazel Avenue North to 101st Avenue Y
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Southeast. a.
73. East Gowe Street/West Gowe Street: from Railroad Avenue
CD
South to 1st Avenue South.
74. East Gowe Street: from Railroad Avenue South to Central U-
Avenue South, south side only, and from Central Avenue South to M
Kennebeck Avenue South. a)
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75. East Harrison Street: from 140 feet west of 4th Avenue North Y
to 4th Avenue North, south side only. E
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76. East Meeker Street/West Meeker Street: from Railroad a.
Avenue South to 1st Avenue South.
E
77. East Pioneer Street: from 170 feet east of Central Avenue to a
0
State Avenue, south side only, and from Central Avenue South to 200 feet
east of Central Avenue, north side only.
78. East Pioneer Street: from Railroad Avenue North to Central o
r
Avenue North. m
L6
79. East Titus Street: from 3rd Avenue South to 4th Avenue c
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South, north side only; police vehicle parking only.
7 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 44
5.2.a
80. East Titus Street: from West Gowe Street to Reiten Road
South, southeast side only.
81. East Titus Street/West Titus Street: from Railroad Avenue o
South to 1st Avenue South. a
82. East Titus Street: from East Smith Street to Reiten Road c
South.
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83. Frager Road South: from West Meeker Street to South 204th
c
Street.
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84. Green River Road: from the north city limits to a point 600 `o
0
feet southerly of the north city limits.
85. Green River Road: from a point 700 feet southerly of the c
north city limits to a point 830 feet southerly of the north city limits, west o
side only.
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86. Green River Road: from a point 790 feet southerly of the a.
north city limits to a point 885 feet southerly of the north city limits, east
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side only.
87. Green River Road: from a point 770 feet northerly of the U-
south city limits to a point 200 feet northerly of the south city limits, west co
side only.
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88. Green River Road: from a point 775 feet northerly of the Y
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south city limits to the south city limits, east side only. E
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89. Green River Road: from a point 50 feet northerly of the south a.
city limits to the south city limits, west side only. a
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9084. Interurban Trail Street: from Meeker Street to Smith Street. a
0
9185. Kennebeck Avenue South: from East Smith Street to East
Ward Street.
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928-6. Lake Fenwick Road: from South Reith Road to South 272nd o
r
Street. m
L6
938-7. Lakeside Boulevard East: from South 240th Street to South
as
228th Street.
8 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 45
5.2.a
948-8. Lakeside Boulevard West: from Lakeside Boulevard East to
South 228th Street.
9589. Landing Way: from 64th Avenue South to West Valley o
Highway. a
9699. Lincoln Avenue North: from West Meeker Street to West c
James Street.
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9791. Maple Street South: from Woodland Way South to Garfield
c
Avenue South, south side only.
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9892. Military Road South/36th Avenue South/Military Road South: `o
0
from South 228th Street to South 272nd Street.
9993. Novak Lane: from Central Avenue to west end of street. c
10094. Ramsay Way: from 4th Avenue North to 230 feet east o
of 4th Avenue North. Y
L
10195. Ramsay Way: from 350 feet east of 4th Avenue North a.
to 440 feet east of 4th Avenue North, south side only.
CD
102%. Ramsay Way: from 350 feet east of 4th Avenue North
to 480 feet east of 4th Avenue North, north side only. U-
1039-7. Ramsay Way: from 520 feet east of 4th Avenue North M
to 150 feet north of West Temperance Street. a)
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10495. Ramsay Way: from West Temperance Street to West Y
Smith Street. E
L
10599. Riverview Boulevard: from South 216th Street to South a.
232nd Street.
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1064-A9. Russell Road South: from end of street at Green River a
0
Trail to West James Street.
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1074-G-I-. Russell Road South: from South 228th Street to South
212th Street. 0`
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1084-G2. South 188th Street: from West Valley Highway (SR m
Ui
181) to 72nd Avenue South, and South 188th Street from a point 960 feet c
as
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9 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 46
5.2.a
west of 80th Avenue South westerly to the end of the street at the BNSF
Railway Company tracks.
1094- 3. South 190th Street: from West Valley Highway to 72nd o
Avenue South. a
110I94. South 192nd Street: from the west end of the road to c
84th Avenue South.
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1114-G5. South 194th Street: from 58th Place South to 66th
c
Avenue South.
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1124-%. South 194th Street: from 84th Avenue South to west `o
0
end of street at BNSF Railway Company tracks.
11330-7. South 196th Street/Russell Road/South 200th Street: c
from 84th Avenue South to the Green River. o
1144-G8. South 200th Street: from 80th Avenue South to 84th Y
L
Avenue South. a.
1159. South 202nd Street: from 80th Avenue South to west i°
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end of street at BNSF Railway Company tracks.
11631-9. South 204th Street: from West Valley Highway (SR U-
181) to 72nd Avenue South. M
117341. South 206th Street: from 72nd Avenue South to 77th CD
U
Avenue South. Y
a,
11844-2-. South 208th Street: from 80th Avenue South to west E
L
end of street at BNSF Railway Company tracks. a.
11944-3. South 208th Street: from 84th Avenue South to 96th
E
Avenue South. a
0
120444. South 212th Street: from west city limits to east city
limits.
12144-5. South 216th Street: from 64th Avenue South to 72nd 0`
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Avenue South. m
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12234-6. South 216th Street: from 84th Avenue South to the c
west end at BNSF Railway Company tracks.
10 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 47
5.2.a
12344-7. South 218th Street: from 84th Avenue South to SR
167.
12444-8. South 220th Street: from West Valley Highway (SR o
181) to 72nd Avenue South. a
12544-9. South 222nd Street: from west end at BNSF Railway o
Company tracks to SR 167.
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1264-2-9. South 224th Street: from 83rd Avenue South to east
c
end of road. a
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1274-24. South 226th Street: from 54th Avenue South to 64th `o
0
Avenue South.
1284-2-2. South 228th Street: from Russell Road South to 83rd c
Avenue South. o
1294-2-3. South 231st Way: from Military Road South to Russell Y
L
Road South. a.
1304-z�4. South 234th Street: from West Valley Highway to east
CD
end of street.
1314-2-5. South 236th Street: from Lakeside Boulevard East to U_
64th Avenue South. co
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132�6. South 240th Street: from 27th Avenue South to I-5. a)
U
1334-2-7. South 252nd Street: from Canyon Drive (SR 516) to Y
east end of road. E
L
1343�8. South 256th Street: from 27th Place South east to the a.
traffic control gate.
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1354�9. South 259th Street: from 74th Avenue South to east a
0
city limits.
1364-36. South 260th Street/South 259th Place South/Reith
a
Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road 0
r
(SR 516). m
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1373-324. South 268th Street: from Military Road South to c
as
Princeton Avenue South.
11 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 48
5.2.a
138432. South 272nd Street: from Lake Fenwick Road South to
42nd Avenue South, north side only.
139433. South 277th Street and Southeast 274th Way: from o
700 feet east of L Street NE to 116th Avenue Southeast. a
1404-34. South Central Place: from South 266th Street to the c
end of South Central Place.
1414-3-5. Southeast 211th Street: from 160 feet east of 127th
c
Place Southeast to end of street, north side only.
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1424-36. Southeast 224th Place: from 133rd Avenue Southeast `o
0
to 134th Place Southeast, south side only.
1434-3-7. Southeast 225th Court: from 60 feet south of end of c
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road to 129th Place Southeast, southwest side only. o
1444-38. Southeast 225th Place: from 132nd Place Southeast to Y
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133rd Avenue Southeast, north side only. a.
1454-39. Southeast 226th Place: from 130 feet east of 127th
CD
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Avenue Southeast to 128th Avenue Southeast, south side only.
1464-46. Southeast 226th Place: from 128th Avenue Southeast U-
to 129th Place Southeast, north side only. M
1471-44. Southeast 227th Street: from 128th Avenue Southeast a)
U
to 128th Place Southeast, south side only. Y
1483-4-2. Southeast 227th Street/128th Place Southeast: on the E
L
curve from Southeast 227th Street to 128th Place Southeast, northwest a.
side only.
E
1494-43. Southeast 227th Street: from 132nd Place Southeast to a
0
134th Place Southeast, south side only.
150444. Southeast 236th Street: from 104th Avenue Southeast
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(SR 515) to 108th Avenue Southeast, south side only. o
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1514-4-5. Southeast 239th Street: from 102nd Avenue Southeast m
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to 104th Avenue Southeast. c
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12 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 49
5.2.a
1524-46. Southeast 244th Street: from 120th Avenue Southeast
to 116th Avenue Southeast.
1534-4-7. Southeast 248th Street: from 104th Avenue Southeast o
to 116th Avenue Southeast, south side only. a
1544-48. Southeast 248th Street: in front of George Daniels o
Elementary School.
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155-1-49. Southeast 252nd Street: from 200 feet west of 133rd W
c
Place Southeast to 135th Avenue Southeast, north side only.
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1563-58. Southeast 253rd Place: from 90 feet west of 135th `o
0
Avenue Southeast to 136th Avenue East, south side only.
157�. Southeast 256th Street: from 101st Avenue Southeast c
to 148th Avenue Southeast. o
1584-552. Southeast 260th Street: from 100th Avenue Y
L
Southeast/97th Place South to 108th Avenue Southeast. a.
1593-S3. Southeast 264th Street: from 124th Avenue Southeast
a�
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to 127th Avenue Southeast, north side only.
1604-54. Southeast 267th Street: from 102nd Avenue Southeast U_
to 104th Avenue Southeast, north side only. M
1613-5-5. Southeast 282nd Street: from 132nd Avenue Southeast a)
U
to 144th Avenue Southeast. Y
1624- 6. SR 99 (Pacific Highway South): from Kent-Des Moines Y
L
Road (SR 516) to South 272nd Street. a.
1634-57. West Cloudy Street: from 4th Avenue North to 5th
E
Avenue North. a
0
1644-58. West Gowe Street: from 6th Avenue South to 300 feet
east of 6th Avenue South.
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1654-59. West James Street/East James Street/South 240th o
r
Street/Southeast 240th Street: from Russell Road to 148th Avenue 0°
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Southeast. c
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13 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 50
5.2.a
1664-69. West Meeker Street: from Kent-Des Moines Road (SR
516) to 6th Avenue South.
1674-64. West Saar Street: from west end of street to 4th o
Avenue South, south side only. a
1684-&2. West Sam Street: from West Valley Highway (SR c
181/Washington Avenue) to end of street.
1694-6,3. West Smith Street/East Smith Street: from 64th W
c
Avenue South to Jason Avenue South. a
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1704-&4. West Temperance Street: from Ramsay Way to 1st `o
0
Avenue North.
c
1714-&5. West Valley Highway South/Washington Avenue c
South/Washington Avenue North/68th Avenue South: from south city o
limits to north city limits. Y
L
1724-&6. West Willis Street/East Willis Street: from 4th Avenue a.
South to Central Avenue South.
CD
N
17316-7. Woodland Way South: from East Maple Street to South
262nd Street. U_
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B. Penalty. Any violation of the provisions of this section shall be an a)
U
infraction punishable by a monetary penalty of $50.00. Vehicles parked in Y
violation of this section are subject to impoundment as provided by law. E
L
a.
SECTION 2. - Amendment KCC 9.38.045. Section 9.38.045 of the
E
Kent City Code, entitled "Parking prohibited from 10:00 p.m. to 6:00 a.m." a
0
is hereby amended as follows:
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14 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 51
5.2.a
Sec. 9.38.045. Parking prohibited from 10:00 p.m. to 6:00
a.m.
Q.
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A. At such time as the traffic engineer shall place the appropriate sign, a
it shall be illegal to park any motor or other vehicle between the hours of c
10:00 p.m. and 6:00 a.m., unless otherwise indicated, at the following
locations:
C
z. The—1=rvi=rrrside ef SEz7vrrrrTaee between the east-and--west, a�
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2. n., h..th � F SE Street between yc$FITrTTQ, c� ,� a)
sides of S th Strc etwee 1 ee SE and V
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3. rrv6rrrsides ef Svumzv3rd Sti=eet, fFeffi 100th Avenue-SZ O
westeFly, appi=exiFnately six hundred (600) feet, te the westerly beundar-y
lef Chestnut Ridge PaF'E,-.
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a.
1. Green River Road: from a point 600 feet southerly of the
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north city limits to a point 700 feet southerly of the north city limits, west
side only. `
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2. Green River Road: from a point 600 feet southerly of the M
north city limits to a point 790 feet southerly of the north city limits, east a)
U
side only. Y
3. Green River Road: from a point 955 feet northerly of the Y
L
south city limits to a point 770 feet northerly of the south city limits, west a.
side only. `
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4. Green River Road: from a point 915 feet northerly of the a
0
south city limits to a point 775 feet northerly of the south city limits, east
side only. c
5. Green River Road: Green River Road: from a point 200 feet o
r
northerly of the south city limits to a point 50 feet northerly of the south m
LO
city limits, west side only.
a)
E
ns
15 Amend KCC 9.38 - a
Re: Parking
Packet Pg. 52
5.2.a
6. South 203rd Street: from 100th Avenue SE westerly
approximately 600 feet to the westerly boundary of Chestnut Ridge Park.
7. SE 276th Place: from the easterly boundary of Springwood o
Park westerly approximately 425 feet to the westerly boundary of a
Springwood Park, north side. c
L
B. Penalty. Any violation of the provisions of this section shall be an W
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infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles a
parked in violation of this section are subject to impoundment as provided `o
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by law.
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SECTION 3. - Amendment KCC 9.38.170. Section 9.38.170 of the o
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Kent City Code, entitled "Parking permits and passes or exemptions" is Y
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hereby amended as follows: a
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Sec. 9.38.170. Parking permits and passes or exemptions.
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A. Authority to create and issue - Mayor or designee. The mayor or ao
designee may designate, assign, restrict, and authorize parking within all a)
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municipal parking facilities. This authority specifically includes the ability to Y
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regulate parking through the issuance of parking permits or parking passes Y
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that either authorize the bearer to park in a particular place or area, or a.
exempt the bearer from some or all of the parking limitations imposed by
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this chapter, including the time limitations imposed under KCC 9.38.060 a
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and 9.38.065.
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B. Form of permits and passes. Permits or passes may be in any form o
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the mayor or designee determines to be appropriate and conspicuous. 0°
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Such permits or passes should contain a rendition of the city's corporate c
seal or official logo, the signature of the issuer, or some other means of
16 Amend KCC 9.38 - a
Re: Parking
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5.2.a
authentication to identify the bearer as a person who is authorized to park
in the applicable location, or as a person who is exempt from one or more
of the parking restrictions established under this chapter, excluding o
disabled parking stalls. For any permit or pass to be valid, it must be a
displayed at all times while the vehicle is parked within the applicable c
location. If the permit or pass is not displayed, any permission or
exemption the permit or pass conveys is ineffective and no infraction shall W
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be dismissed on such basis. a
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CS. Exception to permit or pass requirement - Police or government
vehicles. Marked police vehicles and other police or government vehicles c
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displaying exempt license plates are exempt from the parking and time o
restrictions imposed by KCC 9.38.060, 9.38.065, and 9.38.160, without Y
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the necessity of a permit or pass. a.
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D6. Residential parking zone manager. The residential parking zone
manager, appointed pursuant to KCC 9.38.175(C), is authorized to issue U-
temporary parking permits for the personal and business vehicles of city M
contractors, subcontractors, and their employees for use only while a)
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engaged in city contract work that requires such persons to be present in Y
residential parking zones. Y
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ED. Human resources department - Commute trip reduction program.
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The city's director of human resources or designee may recommend the a
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mayor or designee issue carpool parking permits under the city's commute
trip reduction program, which entitle the bearer to park a vehicle within
designated carpool spaces on the first floor of the Centennial Center o
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parking garage, which spaces are exempt from any time limitation m
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otherwise imposed. c
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17 Amend KCC 9.38 - a
Re: Parking
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5.2.a
SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this o
ordinance and the same shall remain in full force and effect. a
SECTION S. - Corrections by City Clerk or Code Reviser. Upon W
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approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
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correction of clerical errors; ordinance, section, or subsection numbering;
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or references to other local, state, or federal laws, codes, rules, or
regulations.
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SECTION 6. - Declaration of public emergency - Statement of
urgency. In accordance with RCW 35A.11.090 and 35A.12.130, the a
council hereby declares the need for this ordinance a public emergency
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and necessary for the immediate protection and preservation of public
peace, health, and safety. A statement of urgency is set forth in the
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recitals to this ordinance. '
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SECTION 7. - Effective Date. This ordinance shall take effect and L)
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be in force beginning January 4, 2022.
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DANA RALPH, MAYOR Date Approved
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KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
18 Amend KCC 9.38 - a
Re: Parking
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5.2.a
Date Published
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APPROVED AS TO FORM: Q
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ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY
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19 Amend KCC 9.38 - Q
Re: Parking
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5.2.b
Proposed Green River Parking Restrictio
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No Parking 10 PM to 6 AM
24-hour Parking Restrictions Image Source: City of Kent GIS
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